The Terms constitute the entire and exclusive agreement between the company and the users and, by accepting the terms of this agreement, each party shall undertake the obligations and enjoy the rights deriving therefrom. It is understood that any prior oral and/or written agreement between the company and each user who agrees to these terms shall be replaced by the content of the Terms.
GENERAL Before using any of the company's services, as these appear and/or are promoted and/or published and/or advertised on the website, read these Terms carefully. You acknowledge that these Terms are binding for policyholders as a single text and as a whole. By accessing or using the website, and with the acceptance of the Terms, you agree to be legally bound and you agree that your relationship with the company is subject to these Terms. The acceptance of these terms constitutes an agreement and it is a legally binding action between you and the company. This agreement describes your responsibilities in relation to the use of the website and, in particular, limits the liability of the company for any matter related to the operation of the website. Specifically, by accepting the terms, you confirm that you are over 18 years old and/or you are at an age you can have legally binding contracts. If you are not over 18 or if you are not able to have a legally binding contract or if you disagree with any of the Terms, the company invites you to avoid using and/or having access to the website as the company, in its sole and absolute discretion, has the right and may refuse registration to any individual who does not meet the age criteria. The company has the right and may, at any time after the acceptance of registration, to prohibit and/or cancel the registration of a person as a user of the website. The company reserves the right, in its sole discretion, to change, amend, add, remove, and/or otherwise alter these Terms at any time. Unless otherwise specified below, the company is not obligated to inform each user of the website for any changes and amendment made to the text of the Terms. It is understood that the Terms will be permanently posted and published on the website. Before using the services of the company's website, please visit regularly our website and read regularly the Terms in order to see the changes that may have already occurred in connection with the Terms. Each time you use the website and services of the company in relation to the Website, you agree to the Terms as they exist at that time. If, at any time, you do not agree with any term, you should immediately stop using any of the website services. The right to access and use services through the website is personal and isn't transferable to any other person or entity.
USER ACCOUNT: To create an account each user must give to and/or provide the company with some of their personal data (such as Name, Surname, Address, Email). It is understood that the company will use this data confidentially and for lawful purposes only, in accordance with the law. Each user agrees that the information given to create their account is not false, inaccurate or misleading, and do not violate the rights of any third party. The company accepts no liability for any information listed and/or provided by users to create their account. The company is obligated to use the personal data of each user only for purposes relating to the operation, products, services and content of the website. No other use of users personal data will be done without their written consent. For any clarification and/or complaints about the matter immediately contact the company through [email protected] Each user's account is identified by the name and/or password. You agree that you are solely liable and/or responsible for any issue concerning your account. You are responsible for maintaining the confidentiality of your account information and especially for any issue related to the password that you choose or can be provided to you in relation to the access and use of the website. You are solely responsible for all uses of your account. In the event that you have a reasonable suspicion and/or believe that your account and/or your password has been compromised in any way, please contact the company directly via [email protected] You agree that, through your account, you will not act in any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene or any other disturbing way. Also, through your account, you agree not to transmit any material that encourages a kind of behavior that could constitute criminal offence, give rise to civil liability or otherwise violate any law or regulation. You agree that you will not maintain multiple accounts or multiple and different usernames in the website without the express and written permission of the company. You agree that, during the use of our website service, you will always operate in good faith with respect to the laws of Australia. You agree that you are solely responsible for any legal issue and/or damage and/or offence caused by your account. The company has the right, at any time and without notice, to cancel and/or terminate an account and/or suspend the operation of an account, for which the company has reasonable suspicion and/or evidence that it operates illegally and/or abusively and/or outside the terms and it's considered to be harmful towards the smooth operation of the website and to the interests of the company in general.
AUCTIONS: Regarding the services and/or products presented and/or advertised and/or auctioned and/or sold on the website, you agree to the following terms, and more specifically that: You agree that the company has covered all possibilities for the correct and accurate description of the products and/or services appearing on the website and that the company has no control over the quality and/or safety and/or accuracy and/or validity of the products or/and services on this website and/or the accuracy and truthfulness or legality of the descriptions of the products and/or services. You acknowledge and agree that the company is not be liable for any direct and indirect damage and/or loss caused or deemed to have been caused between users or through the use of the website and/or because of the services and products available through the website. The company covers all possibilities and always operates in good faith and in accordance with the law and is exempt from any liability from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown caused by the actions and/or operation and/or non-actions of the company and its representatives and/or its contracting parties. The company has the right, at any time and without notice, to denounce and/or cancel and/or terminate the conduct of any auction. It is understood that, if the auction had been completed, the user, to whom the auction product and/or service was awarded, is entitled to repayment of the money which they may have already deposited in the account of the company for this auction only. If you participate in any auction, you have full responsibility to satisfy the conditions and you have the obligation to act in accordance to the Australian law in relation to electronic commerce. The company is not responsible for any products and/or services sold in the website through auction, nor for any damage that is a result of transport and/or shipment of products and/or services auctioned. You agree that the Company takes all the right and necessary steps so that each user has the opportunity to participate at the time in any auction they wish. The company has the obligation to publish the results of each auction and any data related to each auction within a reasonable time after the end of each auction as defined in Australian legislation. During each auction, the company undertakes the obligation to publish in real time the offers posted by users. It is understood that in case of any technical problem and/or force majeure, resulting in making this obligation impracticable and/or not fully possible, the company has no responsibility. The company enables each user to participate in live auctions, which are conducted by the company and are simultaneously broadcast online via our website. The company reserves the right, in its sole discretion, to change some or all of its services at any time. The auction dates and run time are subject to change without notice. The company has the discretion to refuse to approve eligibility for any live auction. The company aims to award as the winner of each auction the lowest unique bid. If the lowest bid is not unique, then the company awards the auction product or service to the first lowest unique bid placed with the lowest matches in total. Once a user has participated in an auction of the website, they understand and undertake responsibility, if they win the auction, to pay the amount they presented on the website. Each bid is a binding obligation of the user and cannot be cancelled or withdrawn by the user in any way. There can be no withdrawal of the bid of any user, and it is definitely not legal to retrospectively withdraw any bid in an auction. Any withdrawal of bid after its submission by the user is considered a violation of the Terms and this agreement, and the user will be liable for breach of contract, in accordance with the laws of Australia. The terms and conditions for user participation in any auction, including the way the bids are accepted, as well as any rule governing bids, all matters relating to the withdrawal of bids and cancellation, the conditions each user must meet to win and/or participate in any auction, and the special conditions of the transfer of title and ownership of any product and/or service auctioned (such as warranty, license, taxes, fees, insurance), may change and may be different for each auction. The company does not guarantee that the auction process through the website will be uninterrupted and/or error-free. But it takes all necessary measures to prevent any problem or trouble. The company should not be held responsible for any loss of profits or for any damages arising in connection with the failure of any bid in the auction. The company accepts no responsibility and/or is not responsible for any problem and/or issue arising in connection with the shipping services and/or the mail and/or courier services and/or delivery. The company has no responsibility in the event that third parties cause any problem during the transportation and delivery of the product or service to the user. It is understood that the company makes every effort to preserve the quality and promptness of its service so that users are satisfied with the operation of the website.
CREDITS: For practical purposes and/or for reasons concerning the company's interests, the website works with credits system. Particularly, each user can participate in auctions by purchasing credits which have specific monetary value. It is understood that before purchasing these credits, each user knows the value of the credits purchased and therefore has full knowledge and awareness of the value of money they are required to pay in order to purchase that number of credits. The company has the right, whenever the company believes it's necessary, to change the price and the amount representing each credit. It is also understood that the value of each credit may be different for each auction. The company has the right, however and whenever the company believes it's necessary, to give a number of credits to users in the form of gift and/or offer. The company has the right, whenever the company believes that it is justified and/or is to the interest of the website's operation, and always in accordance with the legislation, to cancel users' purchase of credits. It is understood that, in this case, the company returns the amount given by the user for the particular credits purchase. The purchase is made via POLi, an external service and/or any other service the company considers as the most appropriate. It is understood that the company assumes no responsibility for any problem that might occur with the external services users use to buy these credits. The company assumes no liability in the event that third parties create any problem and disable and/or cancel and/or delay the process of buying credits. The company has the right to change this system of credits, and, whenever deemed necessary, to change the website's operating system. Any change will be published on the website. EXTERNAL PARTNERS or THIRD PARTY SERVICES The company may cooperate with third parties and/or other companies for any issue related to the operation of the website and, in particular, credit purchase issues and also for the issue of transfer and delivery of the product and/or service awarded to each user. This cooperation with third parties and/or other companies will always be known to users and the Company assumes no responsibility in the event that third parties create any problems and disable and/or cancel and/or delay the process of buying credits.
COPYRIGHT: You agree that the company is the sole owner of copyright and the sole owner of the Fmingo.com trademark, and therefore the use of the website's content, commercial practice (know-how) and its software without the company's written permission and/or consent, is not permitted. You may not change, publish, transmit, transfer or sell, resell, reproduce, create derivative work, distribute, perform, display or in any way commercially exploit or use any of the Services and/or content, in whole or in part, except where expressly permitted in the Terms or in a supplementary agreement between them and the company. OTHER You agree that you will not use the website for any illegal practice and/or omission and/or action. CONTACT For any problem that may arise regarding any aspect of the website operation, contact us at [email protected] GOVERNING LAW These Terms are governed by the laws of Australia, and for any dispute that may arise, Australian Courts are competent to decide about it.
RETURNS POLICY: In the event that you purchase a service through our registered payment gateway and have not used any of those services available, then, within a period of 10 days, you can apply for a 100% refund by using our contact form. Please state your reasons. Credits can be transferred to other players accounts at your request. With winning bid items, it is the winners responsibility to supply the correct Address and/or Bank Transfer Details as giving the wrong information may delay delivery of the winning bid item. If you wish to return any item to us, then you entitled to a 100% refund, once funds have been transferred back into our nominated bank account. Any questions, please email [email protected]
Free Credits and Paid Credits cannot be redeemed for cash
-------Thank You------- Simon Younger------------ Velvet Moon Holdings Pty Ltd