Refer a Friend Program

Terms of service for New Zealand Users

Last updated December 2017

 

1. Definitions

  1. Dropit products and services are provided by Dropit Ltd (“we”, “us”). These Terms of Service ("Terms") govern your access to and use of our Dropit mobile app and website ("Dropit"). Please read these Terms carefully. By accessing or using Dropit, you agree to be bound by these Terms and by our Privacy Policy.

 

2. Introduction

  1. Dropit is a promotional platform. Registered Retail Partners may list items for registered users to purchase within a reverse auction format. We are not responsible for contracts for the supply of goods, services or information formed through Dropit (or as a result of visits made to Dropit) between you and other Dropit users. Any contract is between the buyer and the Retail Partner and is subject to the terms and conditions which are implied by law or which the buyer and Retail Partner agree between themselves or both. We are not a party to the contract between the Retail Partner and buyer nor are we liable under it. We do not provide any warranties or assurances in relation to the items you purchase (or attempt to purchase) from Retail Partners through Dropit, or from companies whose website we have provided a link to on Dropit, and any such warranties and assurances are DISCLAIMED by us to the maximum extent permitted by law. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
  2. Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any of the users of Dropit including, without limitation, users that have registered under false pretences or who attempt to defraud you. We give no undertakings, representations, or warranties in relation to items sold or listed on Dropit.
  3. We are under no duty to you to monitor or record the activity of any Dropit user. Content generated by registered users is not moderated. We have the right (but not the obligation) to monitor any posting or content and we have the right to refuse, reclassify, censor or remove any post or edit any content, for example (but without limitation) if:
    1. in our opinion, such material does not comply with our Terms; or
    2. we are notified that it may be offensive, illegal or defamatory.

 

3. Who can use Dropit

  1. You may use Dropit only if you can form a binding contract with us, and only in compliance with these Terms. When you create your Dropit account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licences provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Subject to these Terms and our policies (including our Acceptable Use Policy below) and our Community Rules, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use Dropit.

 

4. User Rights

  1. ​​Dropit allows registered users to participate in Drop Auctions by using the Drop Clock functionality.

 

5. Bidding on Auctions

  1. You may only bid on an auction if you have the legal right to do so and are located in New Zealand. If you are under the age of 18, you need your parent or guardian’s consent to bid. You cannot withdraw your bid. If you are the successful bidder on an auction you have entered into a contract to purchase the goods and/or services that you bid on and under law you are required to pay for them. You must promptly pay the winning bid price for those goods and/or services in the required manner. If you fail to pay then the Retail Partner can take legal action against you for breach of contract and we will prevent you from using Dropit.

 

6. User Obligations

  1. You must ensure that you use your account solely by yourself and that your password is kept secure. As the holder of your user account, you acknowledge that you are fully responsible for all activities that transpire through your user account. This also means ensuring the safety and security of your third party authentication systems such as Facebook. We shall not be held accountable for hijacked accounts due to lack of vigilance. You confirm that you own or possess all required rights in regard to content that you save, post and/or transmit by using Dropit and that you will not violate the rights of third parties, regardless of their nature, nor violate any legal regulations and any of the provisions of these Terms.

  2. You agree that you are legally obligated to, and will abide by our Terms, Acceptable Use Policy and Community Rules.

 

7. Dropit Rights

  1. You grant us and users of Dropit a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any content you post on, submit to or transmit via Dropit (“User Content”) for the purposes of operating, developing, providing, and using Dropit.

  2. We reserve the right to remove or modify User Content for any reason, including if we believe it violates these Terms or our Acceptable use policy.

 

8. Termination

  1. You can delete your account at any time. If you have difficulty doing this, contact us at support@dropitapp.com. You acknowledge that we reserve the right, at our own discretion, to delete your account (or portions and/or specific content contained therein), content or any information. This can be for various reasons such as a violation of our Terms, an account that has been inactive for more than 6 months or other reasons at our sole discretion.

 

9. Copyright

  1. We respect copyright laws. If you believe that your copyright or other rights, e.g. trademarks, have been violated by another Dropit user, please contact us on support@dropitapp.com

 

10. Trademarks and other industrial property rights of Dropit

  1. You acknowledge that we own all intellectual property rights in Dropit, including its identification symbol and any trademark, patent, copyright or licensing rights.

 

11. Third party links

  1. Dropit may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Dropit, you do so at your own risk and you agree that we will have no liability to you arising from your use of or access to any third-party website, service, or content.

 

12. No warranties

  1. We make all reasonable efforts to keep servers running. However we do not warrant that Dropit will operate without interruption, be error free or meet your needs and therefore, we exclude all warranties to the maximum extent permitted by law. While we work to protect the security of your content and account, we do not warrant that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately if you believe your account has been compromised or used without your authority. We will endeavour to act swiftly in any such event.

 

13. Indemnification

  1. We take no responsibility and assume no liability for anything that you or any other user or third party posts or transmits using Dropit. You agree to indemnify and hold harmless us and our officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of Dropit, (b) your User Content, or (c) your breach of any of these Terms. TO THE MAXIMUM EXTENT PERMITTED BY LAW DROPIT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

14. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DROPIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE DROPIT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON DROPIT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

 

15. Disputes

  1. For any dispute you have with us, you agree to first contact us on support@dropitapp.com and attempt to resolve the dispute with us informally.

 

16. Governing Law

  1. These Terms shall be governed by the laws of New Zealand. Dropit is hosted in Australia and the United States, but is controlled and operated from New Zealand, and we make no representations that it is appropriate or available for use in other locations.

 

General Terms

17. Notification Procedures and changes to these Terms

  1. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use Dropit after revisions to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using Dropit.

 

18. Assignment

  1. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

19. Entire Agreement/Severability

  1. T​hese Terms, together with the Privacy Policy, Acceptable Use Policy and Community Rules and any amendments and any additional agreements you may enter into with us in connection with Dropit, shall constitute the entire agreement between you and us concerning Dropit.

 

20. No Waiver

  1. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

21. Feedback

  1. We value hearing from our users, and are always interested in learning about ways we can make Dropit more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. If you wish to provide feedback or contact us, contact us on support@dropitapp.com.

 

22. Code of Conduct

  1. If you choose to swipe up and WIN Auctions then you are responsible for paying for the corresponding Auction Lot. If you are a Retail Partner you acknowledge that there is no reserve on Auctions and that you must honour the final sales price regardless of how low it has fallen. Buyers and/or Retail Partners who intentionally default on Auctions will be permanently banned from Dropit. We will not be obliged to take any action against the buyer or the Retail Partner to enforce the agreement between them.

 

23. Acceptable Use Policy

Posted content must not:

  1. or encourage the violation of national or international laws or regulations;
  2. infringe any third party’s intellectual property rights, privacy rights or publicity rights;

  3. contain pornographic material. No nudity allowed. Posted content must be appropriate for age 13 and over. All content must be “office friendly”. If you would not view it at work, then don’t post it;

  4. seek to harm or exploit children, for example by exposing them to inappropriate content or asking for personally identifiable details;

  5. contain any information or content we deem to be unlawful, hurtful, threatening, abusive, harassing, defamatory or libelous, vulgar, obscene, gruesome, perverse, hate-mongering, racist, deceptive, infringing, invasive or otherwise objectionable, or that could be damaging to minors in some way, especially content that is pornographic, glorifies violence or is otherwise harmful to young people;

  6. contain any unsolicited advertising, unacceptable affiliate links, or other form of unauthorized commercial use (i.e. spam) or be spam-like in nature;

  7. create a risk of any loss, harm or damage to any person or property, including personal or financial;

  8. be fraudulent in nature, false, misleading, or deceptive;

  9. provide legal advice or be capable of being construed as legal advice.

 

You agree not to engage in any of the following prohibited activities:

  1. Access, tamper with, or use non-public areas of Dropit, our computer systems, or the technical delivery systems of our providers;
  2. Attempt to hack, decipher, decompile, disassemble or reverse engineer any of the software used to provide Dropit;

  3. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Dropit;

  4. Attempt to probe, scan, or test the vulnerability of any Dropit system or network or breach any security or authentication measures;

  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dropit or any of our providers or any other third party (including another user) to protect Dropit or its content;

  6. Attempt to access or search Dropit, User Content or Dropit content or scrape or download User Content or Dropit content from Dropit, or otherwise use, upload content to, or create new links, reposts, or referrals in Dropit through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dropit or other generally available third party web browsers;

  7. Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;

  8. Collect or store any personally identifiable information from Dropit from other users of Dropit without their express permission;

  9. Impersonate or misrepresent your affiliation with any person or entity;

  10. Violate any applicable law or regulation;

 

We reserve the right, but are not obligated, to terminate, suspend or remove any User Content for any (or no) reason solely at our own discretion, including User Content that we believe violates this Acceptable Use Policy or our Terms.

Terms of service for United States Users

 

Last updated December 2018

Introduction

  1. Welcome, and thank you for your interest in, DROPIT™, our Website and associated Service. These User Terms and Conditions (“Terms and Conditions”) are the terms on which we offer you access to the Service. By registering for an account, or otherwise accessing and using this Service you accept these Terms and Conditions. Please read these terms carefully. If you are not over the age of eighteen or are otherwise ineligible to use the Service, do not accept these Terms and Conditions and you must refrain from using the Service.  You understand and acknowledge that you or DROPIT may terminate your account at any time, and your permission to use the Service lasts from the time you accept these Terms and Conditions until you or DROPIT terminate your account (the “Term”). PLEASE NOTE THAT NOTWITHSTANDING USE OF THE TERM “AUCTION” TO DESCRIBE TRANSACTIONS ON THE SERVICE, DROPIT IS NOT AN AUCTIONEER OR AN AUCTION HOUSE, BUT IS MERELY A TECHNOLOGY PROVIDER PROVIDING AN INNOVATIVE PLATFORM TO CONNECT BUYERS AND SELLERS.

  2. We may, at any time, and at our sole discretion, modify these Terms and Conditions, including our Privacy Policy, WITH OR WITHOUT NOTICE to the User. Any such modification will be effective immediately upon the User.  If the changes are material, we’ll let you know by email or through the service before the changes go into effect. Unless otherwise stated, material amendments will be effective upon the earlier of (a) your use of the Service with actual notice of the revised Terms and Conditions, or (b) thirty days following publication of the revised Terms and Conditions. Your continued use of our Service following any such modification constitutes your acceptance of these modified Terms.  If you do not agree with the Conditions of Use, please do not use our Service, Mobile App or Site and delete your account.  You are responsible for ensuring that you are familiar with the latest terms and conditions. These terms and conditions were last updated on December 1, 2018.

  3. ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 53, you agree that disputes arising under these Terms and Conditions will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DROPIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to a small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

 

Definitions

4. In these Terms and Conditions, the following expressions have the meanings set out:

 

Associated Person means a director, employee, officer, contractor, or a family member. “Family member” means spouse, domestic partner, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not you live in the same household;

 

Auction Item means the item, promotion, offer or other thing which is the subject of an Auction;

 

Auction means either a Standard Auction or a Bonus Bucks Auction that we facilitate;

 

Bonus Bucks Auction means an Auction for which the price of the Auction Item is payable by way of Bonus Bucks;

 

Bonus Bucks means the internal currency of loyalty points that we may credit your account with from time to time;

 

DROPIT™, we, us, and similar terms  refer to DROPIT INC.;

 

Item means the goods or services which comprise either the Auction Item or the Prize;

 

Price may be in the form of dollar currency ( USD) or Bonus Bucks, depending on whether the

Auction is run as a Standard Auction or Bonus Bucks Auction;

 

Prize(s) means the goods, services or offers awarded to Users from time to time;

 

Service means the Website and the online auction platform provided for in connection with the Website and the mobile app.

 

Standard Auction means an Auction for which the price of the Auction Item is payable by way of US Dollars.

 

Supplier means any person or entity, including DROPIT™, offering to sell goods or services through the Service with respect to a particular Auction;

 

Supplier Terms means the applicable Supplier’s separate terms and conditions.

 

User means any person who has an account with DROPIT™;

 

User Content means content uploaded by Users to the Service including messages, reviews, photos, video, images, data, text, and other types of works;

 

We, us, our is a reference to DROPIT™ Limited, its employees, agents and representatives;

 

Website means the website www.dropitapp.com (including all mobile versions or applications such as those in iOS and Android formats); and

 

Winning Bid means the highest prevailing bid for the Auction Item that is announced as such through our Service. There may be multiple Winning Bids if several of the same Auction Item are being auctioned simultaneously.

 

You is a reference to you.

5.  Interpretation: In this agreement, unless the context indicates otherwise:

a. Defined Expressions: expressions defined in the main body of this agreement have the defined meaning throughout this agreement;

b. Headings: clause and other headings are for ease of reference only and will not affect this agreement interpretation;

c. Parties: references to any party include that party's executors, administrators, successors and permitted assigns;

d. Persons: references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, authority or entity, in each case whether or not having a separate legal identity;

e. Plural and Singular: references to the singular include the plural and vice versa;

f. Clauses: references to clauses are to clauses in these Terms and Conditions;

g. Statutory Provisions: references to any statutory provision are to statutory provisions in force in the United States and include any statutory provision which amends or replaces it, and any by-law, regulation, order, statutory instrument, determination or subordinate legislation made under it;

h. Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit, enable, facilitate, or cause that thing to be done; and

i. Inclusive Expressions: the term includes or including (or any similar expression) is deemed to be followed by the words without limitation.

 

Our Liability and Your Risk

6. The Service is an online auction platform provided by DROPIT INC.  Either DROPIT INC. or a third party may be the Supplier and will provide the Items for the Auctions facilitated on the Service.   

 

7. If you place a Winning Bid on an Auction Item, a contract of sale will be formed between you and the Supplier directly. Transactions and all other contact between you and a third party Supplier is conducted entirely at your own risk. We are not responsible for any communication between you and any third party Supplier.

 

8. We do not act as an agent for you or any third party (including any third party Supplier) and do not participate in any sale or transaction between you and a third party Supplier. It is the responsibility of you and the Supplier to complete any transaction agreed to on the Service. If you are instructed to provide payment to us or via the Service on behalf of a third party Supplier, you hereby appoint DROPIT™ as your limited payment collection agent solely for the purpose of accepting such payment. All applicable refunds, if any, are processed directly with the Supplier.

 

9. We accept no responsibility or liability for any misconduct of any Users and third party Suppliers including, without limitation, third party Suppliers that have registered with us under false pretences or who attempt to defraud you. The Items are provided “AS IS” and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT LIMITED CLAUSE 10, WE DISCLAIM AND EXCLUDE ALL IMPLIED CONDITIONS OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

 

10. Although we require Suppliers to give certain warranties in respect of the Items and advertising, we give no undertakings, representations, or warranties in relation to Items offered and information provided on the Service, including:

a. the ownership of any Item;

b. the content, safety, description, worthiness, quality, authenticity, or legality of the Item;

c. the accuracy or truth of advertising material and other listed information; or

d. the ability of Suppliers to complete a transaction, including credit card transactions.

 

Accordingly, all obligations owed to you under applicable consumer protection laws in respect of Items you purchase through the Service shall be obligations owed to you directly by the applicable Supplier.  DROPIT™ will not accept any returns nor will it process any credit card refunds or payment reversals.

 

11. The responsibility for the content of advertisements and offers appearing on the Service (including hyperlinks to third party Supplier’s own websites) rests solely with the applicable third party Supplier. The placement of such advertisements on the Service does not constitute our recommendation or endorsement of the advertised product or service. Each third party Supplier is solely responsible for any representation made in connection with its advertisement. The Service may also contain links to third party websites. Linked websites are not under our control and we are not responsible for such content.

 

12. You agree that, to the maximum extent permitted by law, any and all of our liability to you under or in connection with these Terms and Conditions, or in connection with this Service, is limited to the lesser of: (a) the amount of fees you paid for the Item that gave rise to the liability or (b) $100.  Our liability is excluded in respect of any and all indirect, consequential or punitive damages, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and incidental loss, and such liability is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise, regardless of whether we were aware of the possibility of such damages, and regardless of any failure of essential purpose of any limited remedy herein.

 

13. You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions or any applicable law or regulation, your alleged failure to complete a transaction, and any other dispute between you and any third party, including any claim by a third party of your violation of any intellectual property right.

Becoming a User

 

14. Becoming a User is free. To create a User account, you must accurately provide all the details we request in our User application form. You must not register multiple accounts, or register under multiple identities or personas (whether false or not).  If we find that a User has created more than one account or under more than one identity or persona, DROPIT™ reserves the right to close the User accounts and may refuse to fulfill any outstanding auction Winning Bids without contacting you.

 

15. To register as a User you must be at least a legal resident of the US (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a User, you warrant that you can form a legally binding contract.

 

16. You warrant that you have provided complete, accurate and current personal information when registering as a User. You must maintain and update your personal information held by us to ensure that it is kept current at all times. We may contact you to verify these details.

 

17. We reserve the right to decline registration, suspend or terminate your account without contacting you. Without limiting the foregoing, we may terminate your membership if you breach these Terms and Conditions, you breach your obligations to a Supplier, or if we deem your behaviour to be inappropriate. In the event of termination, you also agree that you will not open or attempt to open any new DROPIT™ accounts. In the event of termination, any balance of Bonus Bucks in your account will be forfeited and cancelled. You may terminate your account and these Terms and Conditions at any time by selecting the Deactivate button in your account settings or by contacting us via the following webpage: https://www.dropitapp.com/contact.

 

18. You are solely responsible for all activities undertaken under your account and for ensuring that all use of your account fully complies with these Terms and Conditions. You must notify us immediately if you know or suspect that any third party has obtained unauthorised access to your account.  Once an auction is won, DROPIT™ reserves the right to refuse any of payment reversal or to provide any refund.

 

19. You are responsible for keeping your account information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

a. not to permit any other person to use your username or account; and

b. not to disclose, or provide to any other person, your password, email address or any other information in connection with your account that may allow them to gain access to your account.

c. You agree to receive email and push notifications from us relating to upcoming Auctions (including those in your watchlist), Auctions you have won, and all administration and marketing purposes. We will provide you with clear instructions on how you can unsubscribe from our daily emails.

 

Use of Service

21. We hereby grant you permission to access and use the Service during the Term solely for your personal, non-commercial use.  You agree to use the Service in good faith and not to:

a. use a robot, spider, scraper or other unauthorised automated means to access the Service or information featured on it for any purpose;

b. Disrupt or interfere with the operation of the Service or the running of any Auction or offer; and

c. Engage in any other conduct that is damaging, inappropriate, fraudulent, misleading or harmful to Suppliers or other Users, the Service, or to the reputation of the Service and/or us (including without limitation any shill bidding, click-fraud, or other actions designed to manipulate or otherwise influence the outcome of any Auction).

 

22. Although we will endeavour to keep the Service available during each Auction, the Service may be temporarily unavailable from time to time due to planned maintenance/upgrades, unplanned outages and matters beyond our control. We accept no liability in relation to the non-availability of the Service or any defect or error in the Service or its software.

 

23. As information transmitted over the internet is inherently insecure there is no guarantee of security and we cannot ensure the security of any information transmitted to or from the Service. We make no representations or warranties in relation to the security of websites that may be linked from our Service.

 

General

24. All Auctions, Prizes and other offers must be purchased and/or accepted on the Supplier Terms provided to you in connection with the applicable Auction. In the event DROPIT™ is the Supplier for a particular Auction, DROPIT’s Terms of Sale are incorporated by reference herein with respect to such Auction.

 

25. You consent to your contact details being automatically exchanged with the Supplier once you have won an Auction or accepted a Prize. It is your responsibility to promptly contact the Supplier to arrange completion of a sale or the acceptance of a Prize.  You also consent to DROPIT’s and its affiliates’, partners’, customers’, and Suppliers’ use of your name, likeness, voice, persona, bio, and other information you may provide to DROPIT™ in connection with promoting DROPIT™ and your transactions consummated across the Service.

 

26. You must make full and prompt payment for any Item you agree to purchase. Such full payment includes sales taxes, if applicable, and delivery costs.

 

27. Third party Suppliers may register complaints with us about you, or, in the event DROPIT™ is the Supplier, we may keep record of any instance, if: (a) you fail to pay for any Item you have agreed to purchase; (b) you breach these Terms and Conditions; or (c)  you breach the Supplier Terms. We may suspend or terminate your account immediately upon receiving such a complaint.

 

28. We reserve the right to cancel any Auction, Prize or other offer at any time and may remove or amend all content on the Service at our sole discretion. In the case of a cancellation where there has been no breach or misconduct on your part, we will credit back to you any Bonus Bucks expended on Items which you have not received.

 

Auctions

29. Each Auction will begin at a starting price and will reduce over the course of the duration of the Auction with a maximum duration of 60 seconds.  At any moment you may bid for the Auction Item. Unless otherwise stated, the first to swipe up during the auction will hold the Winning Bid.

 

30. You may place a bid solely by swiping up to “buy” the applicable Auction Item on the Service. If you place a bid for the Auction Item, you agree to purchase the Auction Item at the price listed at the time your bid is registered on the Service. If your bid is selected as the Winning Bid, or one of the multiple Winning Bids, a contract of sale will instantaneously form between you and the Supplier.

 

31. By placing a bid, you warrant that you have the legal right, authority, and capacity to enter into and complete the transaction, and that you will consummate the transaction (including making all applicable payments).

 

32. For each Auction you win, you must complete the transaction in the manner specified and in accordance with the Supplier Terms. If you place the Winning Bid, the delivery of the Auction Item to you is subject to your compliance with the obligations in these Terms and Conditions and the applicable Supplier Terms, including the Supplier’s receipt of your full payment of the Auction Item.

 

33. Users will be limited to winning a maximum of 5 auctions per week, Sunday-Saturday.

 

34. Users who win an Auction will have their profile publicly displayed on the Service and through other applicable channels. You agree to your User profile, name, likeness, voice, persona, bio, and the amount of your successful bid being publicly shown on the Service, and through the publishing, distribution, and marketing channels of our affiliates, partners, and Suppliers associated with the applicable Auction (which may include, without limitation, being displayed live at a public event, such as on a “Jumbotron” or similar large format display).

 

35. We may provide you with material to publish on third party websites (such as Facebook and Twitter), or publish this material on your behalf. However, you must not publish any content that is connected to us or the Service which is defamatory, offensive, untruthful, inappropriate or otherwise harmful to our reputation. Such third party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service’s use of your exported information.  

 

36. You may not bid on any Auction Item if you are an Associated Person of the Supplier.

 

Bonus Bucks

37. We may credit your account with Bonus Bucks from time to time. Bonus Bucks cannot be traded, exchanged or otherwise transferred between Users. Bonus Bucks cannot be redeemed for money and may only be redeemed for Auction Items or Prizes where specified (each, a “Bonus Bucks Auction”), and shall have no redemption value beyond the Term, including in the event that we discontinue the Service or your account on the Service.  Bonus Bucks are virtual currency only, and have no real-world value.

 

38. In respect of a Bonus Bucks Auction, Prize, or other offer for which the price payable is in the currency of Bonus Bucks, payment will be effected by way of us deducting the relevant number of Bonus Bucks from your account.  In a Bonus Bucks Auction, you may bid, at a maximum, the number of Bonus Bucks you have available in your account, and cannot supplement a bid in a Bonus Bucks Auction with actual currency.

 

39. Bonus Bucks will also be reset at regular intervals after each Bonus Bucks auction.  No value will be received for unused Bonus Bucks

Intellectual Property

 

40. We own all proprietary rights and intellectual property rights in DROPIT™ and our other marks, the Service, our products and services, including text, graphics, logos, icons and sound recordings and copyright. We own or are licensed to use any trademarks associated with the Service and such trademarks are protected by applicable law. We reserve all rights to the Service not expressly granted in these Terms and Conditions. You must not alter or remove any copyright notice, trademark or other proprietary notice that appears on this Service or on our content. Subject to your complete and ongoing compliance with these Terms and Conditions, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of our mobile application obtained from a legitimate marketplace on a mobile device that you own or control; and (b) solely to access and use your account on the Service during the Term.

 

41. You may not without our prior written permission, in any form or by any means:

a. Adapt, reproduce, copy, store, distribute, modify, print, publicly display, publicly perform, publish, interfere with, circumvent, or create derivative works from any part or feature of this Service; or

b. Commercialize, copy, or sell any information, or content obtained from any part of this Service.

 

42. Unless otherwise indicated, all other trademarks appearing on the Service are the property of their respective owners and may not be used by you without obtaining the owner's express permission.

 

43. If you choose to provide input regarding problems with or proposed modifications or improvements to the Service, then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, transferable, sublicensable, fully-paid, royalty-free right to exploit such input for any purpose, including to improve the Service and create other products and services.

 

44. Certain features of the Service may permit Users to upload User Content. You retain all your rights in your User Content.  By providing User Content, you grant us a worldwide, non-exclusive, irrevocable, transferable, sublicensable, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify for formatting purposes, and distribute User Content, in whole or in part, in any media format.

 

45. You represent and warrant that any User Content you provide to us does not and will not: infringe, violate, or misappropriate any third party right, including any intellectual property or proprietary right or cause us to violate any law or regulation.

 

46. We reserve the right to screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms and Conditions or is otherwise objectionable.

 

47. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our designated agent at the following address:

DROPIT Inc.

ATTN: Legal Department (Copyright Notification)

175 SW 7th St. #1107

Miami, Florida 33130

Email: support@dropitapp.com

 

48. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b. A description of the copyrighted work or other intellectual property that you claim has been infringed;

c. A description of the material that you claim is infringing and where it is located on the Service;

d. Your address, telephone number, and email address;

e. A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or are authorized to act on the intellectual property owner’s behalf

 

49. It is DROPIT’s policy to promptly terminate the accounts of users that are determined by DROPIT™ to be repeat infringers.  In addition to any other rights and remedies available to us, if we receive multiple takedown notices relating to your User Content, you understand and acknowledge that DROPIT™ may suspend or terminate your account.

 

Privacy

50. We may collect, use and disclose personal information about you, as outlined in our privacy policy.

 

51. We use an application programming interface (“API”) to enable software to interface with the Service. An API may transfer information you provide on the Service to other places such as websites or applications. For example, an API might take the information regarding an Auction you have won and post this information on another website. If you grant an application permission to access your account, that application will be able to access information that you can see when logged in to your account. From time to time we may grant third parties access to our API subject to our API Terms and Conditions.

 

Miscellaneous

52. Resolution of Disputes: As we are not a party to any sale or transaction between you and any third party Supplier, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and such Suppliers as a result of the Service and the services we provide. You hereby waive and shall not assert any claims, allegations, complaints, or causes of action that arise from any disputes between you and the third party Suppliers. However, we reserve the right to intervene in any dispute between you and a third party Supplier if we (in our sole discretion) deem it necessary.

 

53. Arbitration: In the interest of resolving disputes between you and DROPIT™ in the most expedient and cost effective manner, you and DROPIT™ agree that every dispute arising in connection with these Terms and Conditions will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DROPIT™ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

54. Exceptions to Arbitration: Despite the foregoing agreement for binding arbitration, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

55. No Class Actions: YOU AND DROPIT™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DROPIT™ agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

56. Arbitration Process: Any arbitration between you and DROPIT™ will be settled under the Federal Arbitration Act and administered by the American Arbitration Association under its Consumer Arbitration Rules. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. DROPIT’s address for such notice is: 175 SW 7th St., Suite 1107, Miami, Florida 33130.The notice of arbitration must describe the nature and basis of the claim or dispute and the specific relief sought. If the arbitrator awards you an amount higher than the last written settlement amount offered by DROPIT™ in settlement of the dispute prior to the award, DROPIT™ will pay to you the higher of: (i) the amount awarded by the arbitrator or (ii) $10,000.

 

57. Arbitration Fees: If you commence arbitration in accordance with these Terms and Conditions, DROPIT™ will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the American Arbitration Association Consumer Arbitration Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of the documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the American Arbitration Association under its Consumer Arbitration Rules in the county of your billing address.

 

58. Force Majeure: We take no responsibility for any lack of performance, unavailability or failure of the Service, or failure to comply with these terms and conditions where the same arises from any cause reasonably beyond our control.

 

59. No Waiver: If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights.

 

60. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

 

61. Entire Agreement: These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms and Conditions. You may not assign or transfer these Terms and Conditions or your rights under these Terms and Conditions, in whole or in part, by operation of law or otherwise, without our prior written consent.

 

62. Governing Law: These Terms and Conditions are governed by the laws of the State of Florida and the United States, without regard to conflict of law principles. You submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida.

 

63. Contact Information: The Service is offered by Dropit Inc., located at 175 SW 7th St. #1107 Miami, FL 33130. You may contact us by sending correspondence to that address or by sending us a message to support@dropitapp.com