TERMS OF USE

INTRODUCTION


Welcome to Sold.sg. www.sold.sg is a site/domain owned and operated by Soldgers Pte. Ltd. (Registration No.: 201006392C) (“we” or “us”).


These terms and conditions apply to the services available from the domain and sub-domains of www.sold.sg. By using the services of the Sold.sg you have agreed are agreeing to the following terms and conditions with Sold.sg and the general principles of our website.


Your use of our services is governed by the following terms and conditions, (“User Agreement” or "Terms of Use").


Before you choose to become a member of Sold.sg, you must read and accept all of the terms and conditions of this User Agreement and each of the “Additional terms” referred to in this User Agreement. We strongly recommend that you read through all the terms and conditions carefully. The User Agreement constitutes a legally binding agreement between you and Sold.sg.


GENERAL SCOPE


The following General Terms and Conditions shall govern the relationship between Sold.sg, its Internet platform www.sold.sg (hereinafter: “Sold.sg”) and our users in the version applicable on the date of use. By accessing and participating in Sold.sg, the User accepts the following General Terms and Conditions, as well as the manner in which Sold.sg and its “Auto-bid” operate as described on the website www.sold.sg. Sold.sg does not recognize any other terms and conditions not set out in this User Agreement.


Any special promotions presented by Sold.sg shall only be valid if they are announced on Sold.sg’s website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended.


All content on the Sold.sg website is not intended to amount to advice on which reliance should be placed. Sold.sg disclaims to the fullest extent permitted by law all and any liability and responsibility arising from any reliance placed on such materials by any visitors or any other sources to the Sold.sg website or by anyone who may be informed of any of its contents.


ACCEPTING THE TERMS & CONDITIONS


1. You may not use the Services if you do not accept the Terms & Conditions (hereinafter referred to “Terms”) set out herein.


2. You can accept the Terms and shall deemed to have accepted the Terms by:


a. Clicking to accept or agree to the Terms, where this option is made available to you by Sold.sg in the user interface for any Service; or

b. By actually using the Services. In this case, you understand and agree that Sold.sg will treat your use of the Services as acceptance of the Terms from that point onwards.

3. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Sold.sg.


4. Before you continue, you are advised to print or save a local copy of the Terms for your records.


RELIANCE INFORMATION - USER CONTENT, LINKS, THIRD-PARTY SELLERS


1. Our websites may contain (a) links to other sites operated by third parties, (b) advertisements and/or sponsorships provided by third parties, and (c) stores, services, or product lines offered by third parties ((a), (b) ,and (c) are collectively, Third-Party Materials.).


2. We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties.


3. We are not responsible for any acts or omissions of such third parties.


4. We do not review, approve, endorse, guarantee, warrant, or make any representations whatsoever with respect to Third-Party Materials or the applicable third parties. We shall not be responsible in any way whatsoever in so far as your dealings with such third party or parties. By way of example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer.


5. You use all Third Party Materials and interact with such third parties at your own risk. We shall not be obliged in any way to involve in any disputes you may have with or against any such third parties. You should carefully review the applicable third party privacy statements and other terms and conditions of use.


6. You hereby release and discharge us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties.


7. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitors or users to our site, or by anyone who may be informed of any of its contents.


8. You are solely responsible for conducting your own due diligence of any item purchased through our site which shall include but not limited to, carefully reading all descriptions of the items and noting any uploaded images associated with the items featured on our site.


9. Please note that all images along with measurements noted alongside the items are based on images and approximations/estimations obtained from third party sources determined from our supplier or internet sites. We are not responsible for any discrepancies between the actual item and the color, shape and/or descriptions/measurements stated on our site.


OUR LIABILITY


1. By purchasing through our site, you agree that the only maximum liability to us arising from any item(s) sold through our site shall be the price of the product bought plus the total amount of bids expended to purchase the item(s). We are not liable for special, indirect, consequential, or punitive damages related to or howsoever arising from the Product(s) (as defined herein) sold through our site.


2. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy and/or its merchantability. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:


a. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

b. Any or all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: (a) loss of income or revenue; (b) loss of business or business opportunity; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and (h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

3. All items sold through our website are purchased from reputable sources. To the best of our ability, knowledge and belief, each item has been checked and is free from defect. In addition, we are not responsible for any defects in the Product (as defined herein) that may result from shipping, handling or simple wear and tear.


REGISTRATION, PARTICIPATION AND DISQUALIFICATION


1. Employees and family of employees of Sold.sg are strictly not eligible to participate in Sold.sg auctions under any circumstance.


2. As part of the registration process, please note the following:


a. During the registration process, you must choose a username. The username must not be offensive, be selected to intentionally or otherwise, deceive or mis-inform other users. The username may not offend common decency or infringe upon the rights of third parties.

3. If Sold.sg receives information of a username which is illegal or in breach of these Terms, this username can be amended, deleted or excluded by Sold.sg at its absolute discretion without prior notice.


a. You may register only once using your residential address (registration using PO Boxes or equivalents is not permitted) and mobile phone number.

b. Each individual is only allowed one account. If a user is found to have multiple accounts, Sold.sg reserves the right to terminate the multiple accounts, thereby forfeiting any Tokens and disqualifying any winnings from the account.

c. You may register only once using your residential address(registration using PO Boxes or equivalents is not permitted) and mobile number. You are to provide a valid email address during the registration process for Sold.sg to authenticate your identity and prevent any misuse of the service. An authentication link is sent to the email address, which the User must use to register.

d. In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services.

4. You agree that any registration information you give to Sold.sg will always be accurate, correct and up to date. You agree that you are registering for yourself and not for a third party. Sold.sg will use the information provided to verify the identity of our users.


5. You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the service and that your user account may be used only by you and not anyone else.


6. Accordingly, you agree that you will be solely responsible to Sold.sg for all activities that occur under your account. User accounts created are non-transferable. Sold.sg retains the rights to disqualify user accounts where it can be proven that more than one person has been bidding from one account.


7. Sold.sg's products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Sold.sg reserves the rights to exclude users proven to be resellers from auction participation and to close their account or any other related accounts at our discretion.


8. Each household is only limited to 3 accounts.


9. At any given time, each user can only win and participate in a maximum of 8 auctions (including both free and paid auctions) in a rolling 28-day period. The number of eligible auctions a user has can be seen on the top right corner of the website.


10. Should a user win an auction and overbids for an item, 2 additional eligible auctions will be taken away from the user. Overbidding is defined as when Tokens (in dollar amount) the winner has spent on the auction plus the final bid price is larger than the said retail price of the item. The 2 eligible auctions penalty will be imposed for 28 days.


11. Users should use their own credit card to pay for their items to prevent fraud.


12. Sold.sg has the right and at its absolute discretion to verify the identity of each individual user. In the event of Sold.sg being unable to verify or authenticate user identity using reasonable endeavors, then Sold.sg may ask users to provide photo ID, proof of address and other documentation as Sold.sg requires. Should such proof not be provided or should the details not match the user registration information, Sold.sg has the right to suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users.


13. Sold.sg has the right and absolute discretion to disqualify a user and/or his winnings if Sold.sg deems that a particular user/users have used unfair means to win an auction or possess multiple accounts, or use related accounts to manipulate auctions.


14. We also reserve the right at our absolute discretion to cancel unconfirmed accounts or accounts that have been inactive over a period of time, or to modify or discontinue Sold.sg sites, services, or tools.


15. Users whom have closed their account are not allowed to re-register for 28 days.


16. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if in the opinion of Sold.sg, they are undesirable, possibly creating problems or potential legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.


17. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server in which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.


18. By breaching the above provisions, you would commit a criminal offence under the Computer Misuse Act (Cap. 50A). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will be revoked and cease immediately.


19. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material from our site, or on any websites linked to it.


20. Sold.sg has the right and absolute discretion to disqualify a user and/or his winnings if the above rules are broken at any time. In cases of account closing or disqualification of wins, Sold.sg shall neither be liable to return any bids, purchased or non-purchased, nor is Sold.sg liable to reimburse any monies that have been used to purchase bids or products. This is to protect the right of its users and Sold.sg itself.


21. You will not hold Sold.sg responsible for any loss or damage you may incur or suffer as a result of Sold.sg taking any of the actions outlined above.


PURCHASING BIDS AND PAYMENT


1. Bidding rights, so-called “tokens”, have to be purchased by Users prior to online bidding. Only registered Users can submit online bids, which can be purchased in packages (so-called “Token Packages”) at the currently applicable prices, which can be viewed under “Buy Tokens” on www.sold.sg.


2. The tokens must be paid for in advance. The purchasing process requires Users to verify if the token package they are purchasing is the right one. This is done to make sure that the choice being made is intended. Token Packages purchased are non-refundable and hence Users should buy only as many tokens as they are willing to spend on the bidding process. Payment can be made by a valid debit card, credit card or via payment agent.


3. When the tokens are purchased and deposited into the User’s Sold.sg account, a contract for the purchase of the tokens is created.


4. Should a token payment not be honored by a user’s financial institution a returned payment fee will be charged to the user to cover the administrative costs incurred by Sold.sg. Sold.sg reserves the right to block access to the user account until payment in full of the invoice amount, including any fees due for returned payment, etc., and to withhold any outstanding deliveries until payment in full. Sold.sg also reserves the right to temporarily block access at its absolute discretion, to an unverified user accounts that appear to be abusing the spirit of Sold.sg by purchasing large volumes of bids until identification has been verified.


5. All types of tokens (e.g. “free tokens“, “special offers” or “tokens purchased in bundles”) have a time limit. Upon expiration of the time limit stated, the tokens expire and can no longer be used. There will be no refund for expired tokens purchased. The same applies for discount codes, which are issued with a time limit. Purchased tokens expire in 180 days from the date of the purchase or from the date when the tokens had been credited into a user’s Sold.sg.com user account. Free tokens expire in 7 days from the date when the tokens had been credited into a user’s Sold.sg user account. Please check the terms and conditions of each discount code for details.


6. No refund will be issued for excess tokens used in an auction. No token credit will be issued for excess tokens used during the bidding process.


THE BIDDING PROCESS


1. For information on how to place a bid, how to use the “Auto-Bidder” or how an auction works, please refer to the Bidding or Auctions topics of the “Help” Section on the Sold.sg site.


2. Every auction ends when the remaining time reaches zero and the auction closes. The user who was the last to successfully bid wins the auction. All other bids placed on the item expired will not be credited back to user’s account nor will the user be eligible for a refund for such bids.


3. The last bidder is determined based on the records in Sold.sg database and Sold.sg decision regarding who is the last bidder shall be final and conclusive.


4. You understand and agree that Sold.sg requires you to bid for auctioned items against other Sold.sg users.


5. We do not represent or warrant that your bid will be timely received or accepted by Sold.sg site and you understand that our receipt of your bid depends on several factors, some of which we have no control over, including your internet connection, the equipment you are using to access our site, and other technological and/or telecommunication-related factors.


6. You agree that Sold.sg shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any transaction in which your bid is not received, delayed or otherwise rejected by Sold.sg.


7. Sold.sg reserves the right to add, reschedule or remove products from the Sold.sg website at anytime at its absolute discretion without notice.


8. An auction is deemed to have closed when the timer on the auctioned item counts "closed" and no users have placed a bid. Users should be aware that the timer available to the user is an approximation which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by Sold.sg servers.


9. Sold.sg reserves the right at its absolute discretion to limit the number of auctions you can win within a specific time period. Please refer to the Auctions topic of the “Help” Section for further information.


10. A bid submitted by you constitutes your offer to enter into a binding contract with Sold.sg and in the event of winning an auction, you will receive a purchase acceptance for the item of the auction under the conditions set out in the related auction.


IN THE EVENT OF TECHNICAL BREAK DOWN (SYSTEM OUTAGE)


1. We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of technical problem (third party or other) affecting the Sold.sg auction platform, Sold.sg will use their discretion to pause the countdown timers for all (or some) live auctions until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions may be restarted. The auctions' countdown timers will be continued from the same point in time they were at prior to the technical problem. Alternatively, Sold.sg has the right to restart all auctions from the beginning, once the technical problem has been rectified.


2. Sold.sg may attempt to return purchased tokens (not free tokens) placed on auctions that had to be paused and then restarted from the beginning due to third party technical problem.


3. Should Sold.sg suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down; it has the right to investigate the matter and take legal action against perpetrators.


NOTIFICATION, ACCEPTANCE AND PAYMENT OF WON AUCTIONS


1. When an auction closes, a notification is automatically sent by email to the final bidder. Since auctions may close prematurely due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, Sold.sg reserves the right to void the notification, return any money paid for the item and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all users who may have been prevented or discouraged from continuing to bid in the auction. Once the item has been paid for, a formal receipt will be sent to the winning User via email.


2. After the auction has ended, if the last bidder is online ("Winner"), they have access to all of the important sale information such as the total price, and payment options on the "Won Auctions" page.


3. The winning User must actively confirm the win by following the steps indicated under Won Auctions.


4. Sold.sg reserves the right to withdraw an offer after 14 days. In the event that the winner has not paid for the product within 14 days of the auction ending, the option to purchase the product shall expire. In the event of the expiration of the option to purchase the product, the winning user's right to purchase the item will be permanently revoked. There is no entitlement to refund bids once the auction has ended, even if the winner chooses not to exercise their option to purchase.


5. The winning bidder will also receive a notification of the win by e-mail with a request for payment. It can take 24 to 48 hours for Sold.sg to authorize a win.


6. The User must pay the total price (final bid price plus GST) no later than 14 days after the notification of the win is sent. After this deadline has passed, Sold.sg can set aside and rescind the purchase contract with the User, and the User's right to ownership and delivery of the item will be permanently revoked. The winner has no entitlement to a refund of bids.


7. The item will not be delivered to the User until the total price of the item and any outstanding bid payments due have been paid to Sold.sg. In such a case, any incomplete payment received from the winning bidder will be regarded firstly as payments towards the bids and then as payment towards the total sale price. A right of retention shall be exercised by Sold.sg with regard to the item purchased at auction until all bids and the total price has been paid for in full. Sold.sg reserves the right to charge the winner reasonable storage charges for items won through Sold.sg auction but not yet paid for.


DELIVERY


1. All items purchased from Sold.sg are made pursuant to a shipment contract. This means that the risk of loss, damage and title for such items pass to the user upon delivery of the item to the carrier.


2. Sold.sg currently provides free delivery service and will deliver all items within 14 of receiving payment.


3. As Sold.sg works with trusted delivery partners to ensure the best possible service and widest reach, all delivery estimates are for information only and do not constitute binding agreements. The winning user should report obvious damage to the item or packaging during transit to the carrier. If the item is damaged it should be refused, not signed for. If you wish to claim for concealed defects or damage after signing for an item, you must inform us about the damaged or faulty goods within 7 days of receipt. We cannot accept responsibility for damaged or faulty goods once 7 days have lapsed. In all cases you must inspect your item immediately after delivery. Failure to notify us concerning damaged or incorrect item within 7 days of delivery constitutes unconditional acceptance of the item. We do not accept liability for damage or failure of products due to neglect or misuse by the recipient.


4. In the event that Sold.sg’s delivery partners are not able to deliver the item within a reasonable time, Sold.sg shall be entitled to offer the winning User a substitute item with comparable or better features, or to rescind the contract with you and offer a refund of any payments received for the auction item.


PRODUCTS AND WARRANTY


1. The item descriptions on Sold.sg are provided according to the best of Sold.sg’s knowledge and belief and shall not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the User. Images of products on Sold.sg may differ from those actually supplied.


2. All requests for technical service and support for the product purchased should be made directly to the manufacturer in accordance with their terms and conditions.


3. Where available, we will pass on to you a manufacturer’s limited warranty for any item that you have purchased when we can reasonably do so from the date of our purchasing; however, you understand and agree that we do not control or participate in manufacturers’ warranty-related activity, and all warranty repairs or replacements must be made directly to the relevant manufacturers. Please be aware that some manufacturers will not honor warranties of products sold through auctions.


Exclusions:


Except for the warranties set forth above, this site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Sold.sg on an “as is” and “as available” basis.


Neither Sold.sg, its affiliates nor any of their respective employees, agents, third party content providers, suppliers or licensors makes any representations or warranties of any kind, express or implied.


As to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.


To the full extent permissible by applicable laws, Sold.sg, its affiliates, respective employees, agents, third party content providers, suppliers and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance.


Sold.sg, its affiliates, agents, third party content providers, suppliers and licensors do not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or email sent from Sold.sg are free of errors, viruses or other harmful contents. In addition, Sold.sg does not represent or warrant that the information accessible via the site is accurate, complete or current.


APPLICABLE LAW


The Singapore courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of use are governed by Singapore law.


PRIVACY POLICY


The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.


INTELLECTUAL PROPERTY RIGHTS


1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All such rights are fully reserved.


2. Our status (and that of any identified contributors) as the owners, licensees or authors of material on our site must always be acknowledged.


3. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We further hereby reserve the right to pursue any legal action against you.


FEEDBACK


Alternatively, customers may refer their complaints to the ConsumerTrust Secretariat if they are not satisfied with the resolution of the complaint. Complaints can be referred to


ConsumerTrust Secretariat


Mr. Ramesh Vakkiprath

35, Selegie Road, #09-25, Parklane,

Singapore 188307

Email: ramesh@cnsg.com.sg

http://www.cnsg.com.sg


CHANGES TO TERMS


We may at appropriate time and at our absolute discretion revise these Terms of use at any time by amending this page. You are advised to check this page from time to time to take notice of any changes we have made as they are binding on you. Some of the provisions contained in these Terms of use may also be superseded by provisions or notices published elsewhere on our site.


You understand and agree that if you use the Services after the date on which the Terms have changed, you are deemed to have accepted these changes and Sold.sg will treat your use as acceptance of the updated Terms.