Terms Of Service


The Fine Print

General Overview

eFlea provides a service that facilitates silent auctions for charities & groups/fundraisers. The items up for bids in any auction are listed by the the group raising the funds. eFlea is not responsible for the accuracy of the item listings. Please verify item details with the auction administrator(s) prior to placing any bids.

While eFlea tries to verify the auction administrator(s) and charity/group, we cannot guarantee their validity. Please be cautious and participate only in auctions where you are familiar with the groups and/or administrators.

Related Policy Documents

General

eFlea provides the auction hosting service free of charge and as-is, and is not responsible for the items listed in the auctions.

The time on this server will be used to determine the start and end times of any auction on this system. This time may be off from your local time.

From time to time, the eFlea service may be off-line for maintenance activities, or due to circumstances beyond our control. While eFlea will try to keep downtime to a minimum, we cannot guarantee 100% uptime or availability of the service.

In some cases, eFlea provides versions of our various policies and documents in multiple languages. If there are any discrepancies between the various languages, the English version shall take precedence.

eFlea keeps our online charity auction service free for worthy causes by the user of online display advertising. By using eFlea's service you agree to allow the placement of display advertising on our sites.

For Auction Participants/Bidders (Buyers)

You must register an account in order to place bids. Once you have registered, a confirmation/activation will be emailed to you. You must click on the link in the email message to complete the registration process.

By participating in the auction, you agree to the following:

  • To pay the auction administrator(s) the full amount of your winning items (plus any additional shipping charges that may apply) as outlined in the "Payment Information" section of the auction (refer to the auction's main page for this information).
  • Understand that all bids are final. By placing a bid on an item you are agreeing to a contract between you and the seller (auction administrator(s)). You will enter into a legally binding contract to purchase the item from the seller in the event that you are the highest bidder at the time the auction closes. You are responsible for reading the full item listing, and understanding the accepted payment methods & terms.
  • Only place bids on an item (or items) if you are willing to complete and honour the transaction, including the terms of payment (as provided by the seller).

Please review the Bidding Information document for the full policy regarding bids.

For Auction Administrators (Sellers)

The Seller (auction administrator) assumes all responsibility for the accuracy of the items listed in this auction, and is also responsible for collection of payments from the winning auction bidders.

The seller must agree to the following:

  • The seller agrees to provide accurate and complete information (including any images) about each item placed in the auction.
  • The seller agrees to provide accurate and complete information regarding what the auction funds will be benefiting, and the complete terms and condition regarding payments from users.
  • The seller agrees to sell the item (or items) to the highest bidder at the final published bid value, at the time of the auction close. The seller understands that all bids are final. By allowing a person to place a bid on an item you are agreeing to a contract between you and the bidder. You will enter into a legally binding contract to sell the item (or items) to the user in the event that they are the highest bidder at the time the auction closes.
  • Sellers should also familiarize themselves with eFlea's bidding process and policies.
  • The seller also ensures that the proceeds of this auction are not for personal gain/profit.

Full Terms Of Service

The following describes the terms on which eFlea Charity Auctions offers you access to our services.

By using the services on eFlea Charity Auctions, you are agreeing to the following terms and conditions, with eFlea Charity Auctions.

Before you may become a user of eFlea Charity Auctions, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you also agree that your use of some of our eFlea branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer section of each website.

This Agreement is effective upon acceptance for new users.

Use

It is our desire to work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us at support@eflea.ca.

We will work to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us at support@eflea.ca and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We reserve the right to cancel unconfirmed accounts that have been inactive for in excess of 5 days. We also reserve the right to cancel any accounts that have been inactive for in excess of 6 months.

While using eFlea Charity Auctions, you will not:

  • Use our sites or services if you are not able to form legally binding contracts, are under the age of legal majority in your region, are suffering from any permanent or temporary incapacity, or are temporarily or indefinitely suspended from our site
  • Post content or items in an inappropriate category or areas on our site(s) and services
  • Violate any laws, third party rights, or our policies
  • Post false, inaccurate, misleading, defamatory, or libellous content (including personal information)
  • Intentionally use, attempt to use, or possess with intent to use any identifying information or identification document of an entity without the authorization or consent of the entity and by representing that the person is the entity or is acting with the authorization or consent of the entity
  • Transfer or sell your account to another party without our consent;
  • As a Buyer, fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity
  • As a seller, fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity
  • As a seller, use eFlea's services for personal or corporate (with the exclusion of non-profit corporations) financial gain.
  • Manipulate the price of any item or interfere with other user's listings
  • Distribute or post spam, chain letters, or pyramid schemes
  • Distribute viruses or any other technologies that may harm this site, or the interests or property of our users;
  • Copy, modify, or distribute content from our sites and violate our copyrights and/or trademarks
  • Harvest or otherwise collect information about users, including email addresses, without their consent
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of eFlea Charity Auctions and the appropriate third party, as applicable
  • Interfere, or attempt to interfere, with the proper working of the sites or any activities conducted on the sites, including but not limited to: embedding our sites into other websites (framing), including script code, or other means of altering the display or functionality of our sites (including the use of Ad Blockers)
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites

Registration, Password, Security and Use

To access certain areas of the website, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the account creation form (please review our Contact Information Policy). You should then choose a password. You are then entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to:

  • Notify us immediately of any unauthorized use of your account or any other breach of security
  • Log out from your account at the end of each session
  • Not disclose your password to anyone

We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (Registration, Password, Security and Use). If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your access to those parts of the website requiring registration.

Fees and Services

There are no fees for joining eFlea and bidding on listed items, or for hosting auction. In the future, there may be fees associated with additional service features. These fees will be stated up front when requesting these features.

There may be fees associated with third party on-line and off-line payment processing systems.

Payment Processing Information

All payments/donations via eFlea sites are the responsibility of the seller. eFlea dos not offer or directly handle payment transactions between the buyer and seller, or vice versa.

When using a 3rd party payment processing system, it is necessary that eFlea users be subject to the applicable 3rd Party Payment Processor's User Agreement. eFlea is not affiliated with these 3rd Party payment Processors, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.

Organizations and administrators (sellers) accept the responsibility to provide refunds to users at their own discretion. eFlea will not be held liable for refunds or lack thereof.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Third Party Content, Sites, and Services

The eFlea Charity Auctions site and content available through our sites and services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of eFlea Charity Auctions, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through our sites and services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.

You agree that eFlea shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that eFlea is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release eFlea Charity Auction System, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our sites and services.

Liability and Indemnity

You will not hold eFlea Charity Auction System liable and agree to hold eFlea Charity Auction System harmless for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow qualified users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats including, but not limited to auction-style formats.

We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

You will indemnify and hold us (including, but not limited to our officers, directors, agents, subsidiaries, joint ventures, employees and pets), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Uniform Commercial Code § 2-401(2).

Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services.

Release

If you have a dispute with one or more users, you release us (including, but not limited to our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Modifications to Service

eFlea reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, eFlea Charity Auction System (or any part thereof) with or without notice.

You agree that eFlea Charity Auction System shall not be liable to you or to any third party for any modification, suspension or discontinuance of eFlea.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in Canada and the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing-in to your account. If you object to your Information being transferred or used in this way please do not use our services.

Please see our full privacy policy for additional information.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. To the extent that eFlea is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a user of eFlea hereunder does so in conjunction with the services of another service provider, such user will be subject to the other service provider's terms of service, and neither eFlea Charity Auction System or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. The terms of this terms of use shall not in any way supersede the terms of any other service provider, nor shall the terms of use of any other service provider supersede the terms of this terms of use with respect to eFlea.

Notices

Except as explicitly stated otherwise, legal notices shall be served on our registered agent or the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and eFlea, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eFlea agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@eflea.ca to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the province of New Brunswick as they apply to agreements entered into and to be performed entirely within New Brunswick between New Brunswick residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eFlea must be resolved by a court located in Saint John County, New Brunswick, except as otherwise agreed by the parties or as described in the Arbitration Clause paragraph below. You agree to submit to the personal jurisdiction of the courts located within Saint John County, New Brunswick for the purpose of litigating all such claims or disputes.

Arbitration Clause - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, on-line and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against eFlea Charity Auctions must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eFlea may recover attorneys' fees and related costs, provided that eFlea has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

  • We reserve the right to modify or terminate eFlea Charity Auctions for any reason, without notice at any time.
  • We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
  • We reserve the right to reclaim bidder names on behalf of businesses or individuals that hold legal claim or trademark on those bidder names.

Each of these policies may be changed from time to time. Changes take effect when we post them on our site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, such provision(s) shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the above-mentioned Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective when we post them on our site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services; Release, Liability and Indemnity, and Resolution of Disputes.