Preamble

Bid Leo Limited and Bid Leo Enterprises Limited, companies registered under the laws of Uganda whose registered address is: Naguru Summit Hill, Kampala (hereinafter jointly referred to as Bid Leo).

This agreement establishes the Terms and Conditions that govern the contractual relationship between the Bid Leo and the Auction Bidder and shall apply when a Bidder bids in the Bid Leo auction whether live or via any media or electronic platform including inter alia mobile devices, tablets, laptops, and computers.

Each type of auction may also have its own auction-specific Procedures and Rules that apply and bidders are reminded that they will be deemed to have agreed to and be bound by such Procedures and Rules.

Bidders are required to accept these Terms and Conditions when interacting with the services offered by the Bid Leo and are bound by these Terms and Conditions throughout the existence of the relationship. The Terms and Conditions govern the way we do business, how we take bids, and what the Bidders can expect from Bid Leo. By using our services, regardless of how a Bidder accesses them, the Bidder acknowledges and confirms acceptance of these terms and agrees to abide and be bound by them by dialing *284*250#.

If a Bidder does not agree to these terms of use, he or she should refrain from using our services, and if using the service, shall be deemed to have agreed. Bid Leo Auction shall hereinafter be referred to as ‘Bid Leo’ and refers to an auction subject to the terms of the Auctioneer’s Act 2000. This agreement establishes the Terms and Conditions for the contractual relationship between Bid Leo and the Bidders. The Terms shall apply to bidding via Mobile Money.

You are required to accept these Terms and Conditions when interacting with the services offered. Bid Leo and You are bound by these Terms and Conditions throughout the existence of the relationship. Bid Leo reserves the right to change these Terms and Conditions at any time and without prior notice. Best efforts will be made to inform Bidders about major modifications to these Terms and Conditions. Notwithstanding the same, it is the responsibility of the Bidder to check for amendments and it shall be assumed that by bidding, all Bidders have read, understand, and agree to the Terms and Conditions at the time of entry.

Definitions

AUCTION: Typically, the lowest unique bid format of reverse auction will be used by Bid Leo in order to determine the successful bid, but can be defined as any other auction format used by Bid Leo at its discretion.

BID: An amount in Ugandan Shillings that a Bidder has entered or intends to enter the Auction. For the avoidance of doubt, bids are only accepted in Uganda Shillings as whole positive numbers starting at the lowest UGX 500 and increasing in increments of 1 UGX upwards.

BID ENTRY FEE: The amount in Uganda Shillings (Ush) sent via Mobile Money that it costs to enter the auction, e.g., Ush 1000 to place each Bid, but may be varied by Bid Leo at its discretion.

BIDDER: The User of the Bid Leo auction that has placed or intends to place a Bid.

CURRENT LEADER: The Bidder who has placed the lowest Unique Bid at any given time.

ITEM: The product(s) or other worthy inventory that is the focus of the Auction listing. Details of relevant product(s) or other inventory are listed on the Site and included in the marketing and media communications.

NON-UNIQUE BID: A Bid that has been placed on a specific Auction by a Bidder where at least one other Bidder has also placed an identical Bid on the same Auction.

RRP (Recommended Retail Price): Means the recommended retail price for a specific Item or items within our Auctions.

UNIQUE BID: A Bid that has been placed on the Auction by a Bidder where no other Bidder has placed an identical Bid on the same Auction.

US, WE, OUR, Bid Leo: Mean subsidiaries of Next Media Services Limited as per the MOU/Agreement and Bid Leo Enterprises Limited Partnership T/A Bid Leo.

THE WEBSITE, OUR WEBSITE, THE SITE or THE WEBSITE: Mean the website at: www.bidleo.africa

SUCCESSFUL BID: The lowest unique bid in the Auction at the close of the auction.

SUCCESSFUL BIDDER: The bidder with the lowest unique bid in the Auction at the close of the auction or on specific segments at the discretion of Bid Leo.

YOU, YOUR, USER: Mean The Website visitors or Users via Mobile Money, or similar, either registered or otherwise.

Eligibility to Participate with Bid Leo

By using Our Website or entering our Auctions directly via USSD and mobile money entry mechanism You confirm that:

  1. You have the capacity and are thereby legally capable of entering into binding contracts.
  2. You are at least 18 years old - you may be required to provide proof of Your age at such time as You are the Successful Bidder in the Auction on Our Website or at any other time as We deem necessary.
  3. You can make payments to Us using your Mobile Money Account(s).
  4. You are resident in the Republic of Uganda.
  5. You are accessing Our Website from within Eastern Africa.
  6. You are not an employee of Bid Leo (save in the case of product testing).
  7. You are participating as an individual only and not as part of a commercial or reseller organisation.
  8. You consent to the use of your data or such surrenders monetary or otherwise charged as a result of the auction.
  9. Only one User Account is permitted per person and per telephone number. At the time of a User being the Successful Bidder in the Auction, or at any other time that We deem necessary, we may contact the User by the registered telephone number affiliated to the mobile money account. We will only dispatch the Item(s) that have been purchased via Auction as and when we are satisfied that the registered telephone number belongs to the registered User. We may ask that the User confirms certain Account details over the telephone in order to confirm that the Account details are correct.

We reserve the right to terminate any User at Our sole discretion. In general, we will only take these actions if, in Our reasonable opinion, a User has:

  1. 2.3.1. violated any laws or the rights of third parties.
  2. 2.3.2. failed to honour payments due to Us.
  3. 2.3.3. used or attempted to use any unauthorised third-party Bidding software.
  4. 2.3.4. used false or misleading information during registration or amendment of their details.
  5. 2.3.5. collaborated or attempted to collaborate with other Users in an attempt to increase the likelihood of being the Successful Bidder (in this instance collaboration also means a User creating more than one User Account).
  6. 2.3.6. created an Account despite being an employee of ours.
  7. 2.3.7. set up or attempted to set up multiple User Accounts.

Where a User Account is terminated due to a breach of these Terms and Conditions, we reserve the right to set off any amounts incurred as direct or indirect loss and/or expense by Us investigating the alleged breach prior to returning any Balance back to the User and where relevant use any funds held for this purpose.

WRITTEN COMMUNICATIONS / NOTICES

3.1 Where we are required by law in some cases that certain communications from Us to You need to be in written form. You hereby agree and accept that in most cases communication from Us to You shall be in electronic format, i.e. in the form of SMS text message, or in some cases via emails or notices on Our Website. You agree that these electronic means of communication comply fully with any legal requirement that such communications be in writing and that any contracts, notices, and other communications that We provide to You electronically constitute legal written communication.

3.2. Any notices or communications that You require to be issued to Us must be sent via email to support@bidleo.africa and detail Your name, address, and registered telephone number. Any communications from our partners shall be deemed to be from US.

3.3. We may issue any notice to You via SMS on the number provided when registering, or email that You provide to Us when you contact us as per 3.2. above; and notice will be deemed received and properly served on the day an SMS is sent and one day after an email is sent. Further, you agree that in proving the service of any notice, it will be sufficient to prove that, in the case of SMS it was dispatched, and, in the case of an email, that such email was sent to the email address provided to Us by the User.

3.4. By participating in the Bid Leo Auction, you agree to receive promotional and other messages via SMS and/or via our email mailing list so we can contact you from time to time regarding our latest offers, auction reminders and general information. This includes but is not limited to, information on auctions you have bid on and Bid Leo offers.

3.5. Bid Leo may share your information with our partners of any Auctions that you have bid on. This includes but is not limited to Your name & phone number, items You have bid on, etc.

ENTRY MECHANISM

4.1. Bidders may participate by entering their bids via mobile money with the following process:

  1. 4.1.1. Go to the dial pad, enter *284*250# or any of our other relevant methods as advertised from time to time on our website, or by our media partners, or other outlets.
  2. 4.1.2. Select option one on the welcome menu to Bid Now
  3. 4.1.3. A menu with Auction items shall appear and you can select the item you want to bid on by entering 1, 2 or 3.
  4. 4.1.4. You shall be prompted to enter your Bid amount any figure from Ush 500 and above.
  5. 4.1.5 On the next prompt you shall be asked to confirm your bid amount e.g. 501 and accept to pay Ush 1000 for the ticket for your bid amount to be accepted.
  6. 4.1.6. To submit your bid, you shall be prompted to enter your Mobile Money PIN to pay for the ticket amount (Ush 1000) and other charges related to transaction as shall be summarised on your payment confirmation SMS. These charges may either increase or reduce at the sole discretion of Bid Leo.
  7. 4.1.7. Bidders will then receive one of a number bid status messages notifying them if their bid is:
    • unique or
    • not unique.
  8. 4.1.8. During the auction, bidders receive in-auction alerts and give notification of when the auction is closing.
  9. 4.1.9. These notifications may include:
    • tip on the current auction.
    • a 'last chance to bid' alert, and
    • results alert.
  10. 4.1.10. The final message that people will receive where applicable is the Successful Bidder message and how much they purchased the item for.

4.2. Bidders may participate by entering their bids via the Website with following process: Coming Soon

  1. 4.2.1. Go to bidleo.africa
  2. 4.2.2. Wait for updates on current and open auctions.

BIDDING

5.1. To place a Bid, you must dial *284*250# as outlined in the Entry Mechanism above.

5.2. We reserve the right to cancel or remove a User’s Bids at Our sole discretion if We believe that the User has acted fraudulently or is in breach of these Terms and Conditions.

5.3. All Bids are final and no refunds will be issued for Bid Entry Fees paid by You unless the Auction is terminated by Us. Your statutory rights are not affected by this term.

HOW AUCTIONS WITH BID LEO WORK

6.1. Auctions on Our Website follow a very simple structure and in order to provide You with the knowledge required to apply skill and judgement in the Auction, We provide You with the following data for the Auction on Our Website:

6.2. RRP: this information is provided to the best of Our knowledge where relevant and is usually provided by the manufacturer. We cannot guarantee that the RRP is correct but will always use Our best endeavours to ensure that the RRP listed is as accurate as possible.

6.3. The Bid Entry Fee: this is the amount it will cost You, via Mobile Money, to place a Bid for the Item. The Bid Entry Fee may vary depending on the Auction, so check this amount prior to placing each Bid to ensure that You are comfortable with the Bid Entry Fee, typically Ush 1000 per bid.

6.4. A Unique Bid is deemed to be a Bid that is the only Bid placed for a specific amount within the Auction. If a further Bid is placed by another User for the exact same amount, then both Bids are deemed to be no longer Unique (i.e. they both become Non-Unique Bids).

6.5. In the likely event that there is no unique bid, i.e. all bids ranging from the lowest Ush 500 up to the highest bid have two or more bids placed, the successful bid shall be the first in time to place the bid that is the lowest with the least number of bids placed on it.

6.6. Auction close: An action can have multiple winning bids within a fixed time auction. There fore, an Auction at a specific time may choose the lowest unique bid at the chosen time e.g. every 30mins the auction closes when the time allocated to the auction shall have expired. In these fixed time Auctions, the auction is initially created by Us with a defined amount of time, e.g. 24 hours, one week, etc. The type of auction is clearly displayed on the TV Screen and in the media and advertising for the auction.

6.7. Upon completion of the Auction, the Successful Bidder will receive confirmation of their success by SMS with a winner code for reference upon payment of the winning bid for purchase or redemption of the item on auction.

6.8. We reserve the right to:

  • Suspend or terminate an Auction at any time in the event of technical problems or to investigate suspected irregular or fraudulent activity.
  • Limit the Auctions that You may participate in.
  • Remove an auction if we feel it does not benefit our users and has not had sufficient interest. In this case all bids will be recredited to the user's accounts who placed bids.

6.9. Further information about how the Auctions work in a simpler guide can be found in the FAQ sections of Our Website.

6.10. For the avoidance of doubt, any advice or help articles appearing on Our Website are intended solely as suggestions for techniques and should not be construed as providing a solution to becoming the successful bidder in the Auction. We accept no liability whatsoever for any actions taken by a User as a result of reading, or being informed about, any of the advice or written materials available on Our Website.

6.11. The Successful Bidder will pay Bid Leo their bid amount. Bid Leo, at its sole discretion may waive the requirement to pay by the bidder in lieu of testimonials and other marketing material supplied by the successful bidder.

6.12. Bid Increments: Bids are accepted in full shillings only. Cents, decimals or fractions thereof will be discarded and only the integer shilling amount will be accepted as a bid. Bid Leo do not perform any rounding, up or down, on bids using cents, decimals or fractions, and bids including the same may at Bid Leo's discretion be accepted or denied.

6.13. In the event that a bidder refuses to or cannot accept the item that is offered in the auction, that bidder forfeits the auction item. In some circumstances, the next lowest unique bid may be deemed the successful bid, and that bidder may be deemed to be and announced as the successful bidder, however this is solely at the discretion of Bid Leo who may decide on an alternative course of action in such circumstances.

CONFIRMATION OF THE SUCCESSFUL BIDDER DETAILS

7.1. It is a condition precedent to formation of a Contract between the Successful Bidder and Us that the telephone number held by Us at the time of being announced the successful bidder in the Auction is valid and that the User can be reached by calling or text it via SMS. In the event that the telephone number is not correct, the Contract cannot be formed, and the successful bid will be forfeited.

7.2. Upon completion of the Auction, the Successful Bidder will be required to confirm their registered telephone number by receiving a text from Us. We will attempt to call or text the Successful Bidder’s registered telephone number within two (2) working days of the Auction ending and may request that the User confirms some details from their Account in order to verify the User. In the event that the telephone number on file has voicemail, We will leave a message requesting that the User returns Our call to verify their Account. Alternatively, the Successful Bidder may call or email Us to request a call back. In any event, the only acceptable methods of verification is for Us to call and/or text You on the telephone number that You have provided as part of Your User Account details.

7.3. The Successful Bidder will have three (3) days from the close of the auction to confirm to Bid Leo their information, if he or she does not confirm within this time period, Bid Leo shall at their discretion presume the User does not want the item and it will be forfeited by the User.

RETURNS AND CANCELLATIONS / CONSUMER RIGHTS

8.1. Where We are unable to provide the Auction Item, We reserve the right to issue a full refund of the purchase price or RRP, which will constitute full consideration for the Item.

8.2. Your statutory rights are not affected by this section of these Terms and Conditions.

SETTING OFF / WITHHOLDING PAYMENT / RETENTION OF TITLE

In the case of an outstanding payment of any kind and / or chargeback against the User, any Items delivered to the User will remain the property of Bid Leo until such time as the amounts owed to Us are paid in full. During this time, You undertake to store the Item separately from Your other possessions and not take beneficial use of the Item until such time as the payment has been received and cleared in full.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY REGARDING THE USE OF Bid Leo

10.1. The User expressly agrees that the use of the Bid Leo auction is at User's sole risk. Neither Bid Leo, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Bid Leo auction will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Bid Leo auction, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Bid Leo.

10.2. The Bid Leo auction is provided on an "as is" basis; to the maximum extent permitted by law, Bid Leo disclaims all representations and warranties, expressed or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, Bid Leo does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.

10.3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of Contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that Bid Leo is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with the User.

10.4. In no event will Bid Leo, or any person or entity involved in the use of the Bid Leo Auction, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Bid Leo auction. The User hereby acknowledges that the provisions of this section shall apply to all content on The Website.

10.5. In addition to the Terms set forth above neither, Bid Leo, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained on Our Website, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, Bid Leo, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

10.6. With regards to the Auction process and / or other elements of Our Website, We will not be liable for; any losses arising from Your negligence; any failure to follow Our instructions as to placing Bids; any use of websites linked to Our Website but not operated by Us; any loss or damage due to viruses or other malicious software that may infect Your computer equipment, software, data or other property caused by You accessing, using or downloading from Our Website, or from transmissions via emails or attachments received from Us; faulty operations of computers during Bid placement and / or for incorrect or overly slow transmission of Bidding data by the internet provider and / or any damage that occurs due to Bids submitted by You not being received by Us or not being received promptly or not being considered, as a consequence of technical faults with Our software or hardware (whether same are within Our control or otherwise).

10.7. We accept no liability for any indirect losses howsoever caused including without limitation; loss of income or revenue; loss of business; loss of profits or future contracts; loss of anticipated savings; loss of data; or waste of management or office time or space whether caused by tort, negligence, breach of Contract or otherwise, even if foreseeable.

10.8. For the avoidance of doubt, the above provisions do not in any way limit Our liability; for death or personal injury caused by Our negligence; under the Sale of Goods Act, Cap 82; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY REGARDING ITEMS PURCHASED FROM Bid Leo

11.1. We warrant to You that the Auction Item purchased from Us through Our USSD marketplace is of satisfactory quality and reasonably fit for all of the purposes for which the Item of that kind are commonly supplied.

11.2. The Auction Item is sold with the manufacturer’s limited warranty only, where applicable.

11.3. With the exception of the warranties set forth above, Bid Leo makes no other warranties, either expressed or implied, with respect to the auction Item, or any related services performed by Bid Leo or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.

11.4. Bid Leo shall not be liable for personal injury and property damage resulting from the improper handling, modification, misuse of the auction Item by the User or any other person following delivery by Bid Leo. In no event shall Bid Leo be liable to any person for incidental or consequential damages including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in Contract, tort or otherwise and whether in an action for breach of warranty or otherwise.

11.5. We accept no liability for any indirect losses howsoever caused including without limitation; loss of income or revenue; loss of business; loss of profits or future contracts; loss of anticipated savings; loss of data; or waste of management or office time or space whether caused by tort, negligence, breach of Contract or otherwise, even if foreseeable and Bidleo shall indemnify subsidiaries of Next Media from all claims and damages by third parties accordingly

11.6. For the avoidance of doubt, the above provisions do not in any way limit Our liability; for death or personal injury caused by Our negligence; under The Sale of Goods and Supply of Services Act; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability and Bidleo shall indemnify subsidiaries of Next Media from all claims and damages by third parties accordingly

SYSTEM OUTAGES / SERVICE AVAILABILITY / TEMPORARILY SUSPENDED AUCTIONS

12.1. We endeavour to provide an efficient and error-free platform on our USSD market place or Website for You to participate in the Bidding process. However, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). We therefore provide no guarantee or warranty for the constant and uninterrupted availability of Our USSD code and other systems. In addition We accept no liability for any damage that occurs due to Bids submitted by Users not being received by Us or not being received promptly or not being considered, as a consequence of technical faults.

12.2. Auctions may be suspended in the event of technical faults until such time as the issue has been resolved, such events are called ‘System Outages’. In the event that this occurs We will use Our best endeavours to return to normal service as quickly as possible; during the period of the technical fault, all Auctions may be suspended and will resume upon rectification of the fault. Any Bid Prices paid for Bids placed by a User that are not considered as a result of a technical fault will not be refunded.

12.3. Our Website is intended solely for use by residents of the Republic of Uganda and We do not accept orders from persons outside of this jurisdiction.

12.4. Access to Our USSD Codes and Website is granted on a temporary basis and We reserve the right to restrict or suspend access to The USSD Codes and Website or close it indefinitely at any time We deem necessary without prior notice. You are personally responsible for making all arrangements necessary for You to gain access to Our USSD Codes and Website.

TRADEMARKS

In relation to the Bid Leo logo text, the website bidleo.africa, the Bid Leo general character, are intellectual property of Bid Leo Enterprises Limited and its partners, All Rights Reserved. The auctions platform and format are powered by and specifically remain the property of our partner.

APPLICABLE LAW / SEVERABILITY

14.1. Any dispute or claim arising out of or in connection with these Terms and Conditions or Items purchased (including non-contractual disputes or claims) will be governed solely by Ugandan law. Any dispute or claim arising out of or in connection with Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the Republic of Uganda.

14.2. We aim to limit the use of Our Website and services for people outside of the Republic of Uganda. If You access Our Website from any other jurisdiction, You do so of Your own volition.

14.3. If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, Conditions and provisions which will continue to be valid to the fullest extent permitted by law.

PROTECTION OF DATA: COLLECTION, PROCESSING AND USE OF YOUR PERSONAL INFORMATION

15.1. We treat the protection of Your personal data with extreme care and will never disclose Your data to third parties for marketing or any other purposes, except in the case of our affiliates.

15.2. By participating in sponsored auctions, you agree to allow our sponsor to email you further details of the product in the auction, during, before and after its running.

15.3. Bid Leo acknowledges adherence to the Personal Data Protection and Privacy Act 2019 and other relevant Uganda legislation and regulation in relation to data privacy.

EXTERNAL LINKS

Our Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to Our Website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between You and Us is binding on You and Us and on Our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent. We may transfer, assign, charge, sub-Contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract. We are entitled to involve third parties to satisfy Our contractual obligations without being required to notify You.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1. We may at any time and at Our sole discretion revise these Terms and Conditions to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in Our system’s capabilities. You will be subject to the policies and Terms and Conditions in force at the latest time that You accept them, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these Terms and Conditions (in which case We have the right to assume that You have accepted the change to the Terms and Conditions unless You notify Us to the contrary within seven days of receipt by You of the notification of the changes).

18.2. You may be required to agree to additional Terms and Conditions from time to time. Unless otherwise expressly provided by the additional Terms and Conditions, those additional Terms are hereby incorporated into these Terms and Conditions.

VIRUSES, HACKING AND OTHER OFFENCES

You are expressly prohibited from misusing Our Website in any way. In these Conditions misuse is defined as; introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful; gaining or attempting to gain access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website; attacking or attempting to attack Our Website via any denial of service attack or distributed denial of service attack; or, attacking or attempting to attack Our Website by any other means that is recognized as an attack vector.

FORCE MAJEURE AND OTHER EVENTS OUTSIDE OF BID LEO’S CONTROL

We are not liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by any act, event, non-happening, omission or accident beyond Our reasonable control. Such events are called ‘Force Majeure Events’ and include particularly, without limitation; strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, implosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and, the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the force majeure event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavors to bring the force majeure event to a close or to find a reasonable alternative solution by which We are able to perform Our obligation under the Contract despite the force majeure event.

TERM OF PROVISIONS

21.1. These Terms and Conditions remain in full force and effect from acceptance until terminated by either party on 30 days' written notice or unless terminated in accordance with these Terms and Conditions.

21.2. These Terms and Conditions take precedence over any information displayed on Our Website or any other publication at all times.

BUSINESS REGISTRATION DETAILS

Bid Leo is owned by Bid Leo Enterprises Limited, and the website running the auction and all of its sub-domains is a Website owned and operated by Bidleo and powered by our partners.

GENERAL PROVISIONS

23.1. We reserve the right to act upon Our sole discretion in implementing the Terms and Conditions. Further, We reserve the right to take action against anyone who, in Our opinion, is in breach of these Terms and Conditions. Such action includes, without limitation, terminating Your registration and terminating access to Our Site and Auctions on Our Site and via mobile money.

23.2. Our partners and Us are the owner or licensee of all intellectual property rights on Our Website and material published on it. All such material is protected by copyright laws and treaties around the world and all rights relating to the same are reserved. You may not modify or reproduce any digital or paper copies of any material either printed or downloaded from Our Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from any Bid Leo text. Further You may not use any of the materials on Our Website for commercial purposes.

23.3. We always use Our best endeavours to ensure that all descriptions on Our Website are as accurate as possible. However, We may sometimes not succeed and the Items offered may differ from those described on Our Website due to, without limitation; later production changes in specification, components or place of manufacture; inaccuracies on Our Website; or typographical errors, generally.

23.4. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between Us and You in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us and You, whether oral or in writing.

23.5. We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between Us and You prior to such Contract except as expressly stated in these Terms and Conditions.

23.6. In the event that you are the successful bidder, You will automatically be deemed to grant to Bid Leo an irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the auction, Your full name (as well as Your nick name), hometown, photograph, and video materials without any claim for broadcasting, printing or other rights, for a period of up to thirty-six months from the date of the auction. You also give Bid Leo the right to publish, for a period of up to thirty-six months from the date of the auction, any additional information that You voluntarily provide, and any testimonial or other commentary relating to the auction or the product, attributed by consent to you. You shall have no claim against Bid Leo for invasion of privacy or on any other ground(s) by reason of the publication or broadcasting of Your Name, hometown, photograph, video materials, or information voluntarily provided by You.

23.7. Neither You nor Us will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy will be for breach of Contract as provided in these Terms and Conditions.

23.8. A waiver by Us of any breach or default hereunder shall not be deemed to be a waiver of any preceding or subsequent breach or default. Further, failure by Us to exercise any of the rights or remedies to which We are entitled under the Contract will not constitute a waiver of such rights or remedies and will not relieve You from compliance or performance of such obligations. No waiver by Us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to You by Us in writing.

23.9. All section headings within these Conditions serve solely to assist in reading and for convenience and shall not be given any legal import.

23.10. All bids entry fees re subject to and inclusive of VAT at the prevailing rate, together with any other applicable charges, levies and taxes that may arise from time to time.