GENERAL TERMS OF USE (Updated November 2020)

1. These general Terms and Conditions ("Terms of Use") shall apply to all aspects of use of the website, https://bidbuddy.app/ (the "website"), the web platform, mobile application ("Platform") and the, cash, products, Services and experiences ("Items") available on the Platform and the Services ("Service[s]") operated by BidBuddy Limited ("BidBuddy").
2. By using the Service, you are bound by these General Terms of Use together with any other terms and conditions that may be applicable for a specific type of service or product BidBuddy make in future.
3. All the terms and conditions listed in this page shall together be referred to as the "Terms of Use". "User/Player" and "Merchant", "You" and "Your" refers to you, the person accessing the Service (collectively referred to as "Party [ies]") and accepting BidBuddy's terms and conditions. Whenever the Parties use the service for example, to place a bid, upload a product, accept a win or to participate in any of the activities on the Platform, they agree to be bound by the Terms of Use, including any amendment, which may periodically take place.
4. The Terms of Use contained herein represent the complete, final and exclusive Agreement between the Parties and BidBuddy and merges all prior Agreements, representations and understandings.
5. By using the service, the Parties confirm that they have reached the age of 18 or such legal age as they must have reached under the laws governing the Services. BidBuddy reserves the right to verify any Party's statement of age and status, and to exclude the Party from its Services, if there are any doubts regarding the attainment of the minimum age required or applicant's identity. Any User accessing the Service, who is identified as underage or who has registered an account with the false information including their identity or status shall have all their winnings forfeited and their BidBuddy account (hereinafter referred to as the "Account") shall be blocked immediately.
6. Non-Commercial, Non-professional purposes applies to any Player whose interest in using the Service is non- commercial, used purely for their personal consumption and entertainment.
7. This Terms of Use in addition to the terms of their contracts with BidBuddy binds the Parties as well as third party operators providing products and/or Services and contributing in an indirect capacity to the operations of the Platform.
8. All Services shall be date and time-stamped as well as issued unique identification ("ID") for proper authentication and determination of the relevant service period.
9. BidBuddy cannot be held liable in any case for any damage or loss caused directly or indirectly by the service or by its contents or by the contents provided by a third party, unless they are based on intentional or gross negligence.
10. BidBuddy shall not be liable if the Party is unable to use its Services due to congestion, network failure on the Platform or any other electronic communication media used for such purposes or third party actions of which BidBuddy has no control.
11. All indicated dates and times are based on WAT (West Africa Time) unless stipulated otherwise.
12. Any exception to the existing Terms of Use shall be communicated in written form to the Parties.
13. Any other legal relationship between the Parties and BidBuddy, for every circumstance not regulated by the Terms of Use, shall be subject to accepted standards of practice, Nigerian laws and regulations.
14. BidBuddy’s Services in Nigeria are currently available in Nigerian Naira (NGN) only.
15. The User agrees that BidBuddy may use the name, town/city of residence and/or the image of the User for publicity or its promotional material. BidBuddy may contact them to provide such material and winnings and/or Services may be temporarily withheld until such time the requested material has been received. BidBuddy may only seek this material in the event of a large win on any of BidBuddy's Services. BidBuddy shall take every reasonable measure to contact the User before using/requesting such material (reasonable is defined as three attempted contact attempts by telephone, e-mail or SMS text message).

AMENDMENTS TO THE TERMS OF USE

1. BidBuddy can change the Terms of Use at any time at its own discretion. All changes shall become effective on their publication on BidBuddy's website and the User shall be notified by email.
2. If the Party considers any amendment carried out to be intolerable, they may cease using BidBuddy’s Services.
3. The continued use of BidBuddy’s Services after the date when the Terms of Use are meant to come into effect shall correspond to a complete acceptance of the revision performed.

MANAGING AN ACCOUNT

1. Any person who wants to have access to Services and products offered by BidBuddy shall open an Account and upload a profile picture (or business logo if you are a Merchant). By opening an Account and using BidBuddy's Services, you warrant that you have reached the minimum legal age for participation. If it comes to BidBuddy's notice that you are underage, that account shall be closed and you shall be banned from the Platform.
2. The right to access and/or use the Platform (including any or all of the products and Services offered via the web or mobile application) may be illegal in certain countries. Parties are responsible for determining whether their accessing and/or use of BidBuddy's Services is compliant with applicable laws in their jurisdiction and they attest that BidBuddy’s Services are not illegal in the territory where they reside. The Platform does not constitute an offer, solicitation or invitation by BidBuddy in any countries where its Services are deemed illegal. Parties should ensure that they would be acting legally in the country where they are located while accepting this Terms of Use and participating in BidBuddy’s Services.
3. When a new account is opened, Parties are responsible for the accuracy and up-to-datedness of all the personal data/business data and contact details provided, including name, location, date of birth, telephone number and e- mail address to mention a few. BidBuddy may close the Account when the information provided is found to be false or inaccurate.
4. All personal data is stored in BidBuddy’s secure and encrypted database.
5. After opening an account, Parties must keep their data confidential. All transactions where their data have been entered correctly shall be regarded as valid. All Account registrations shall be subject to KYC processes. BidBuddy shall not be liable for any claims in the event that the Party compromised or exposed their personal data.
6. The Party may close their Account/opt out whenever they wish by deactivating their account. The effective closure of the Account shall correspond to the termination of the Terms of Use.
7. In accordance with the legal period of warranty requested by law, all the personal data saved in BidBuddy's database shall be deleted at the Party’s express request after the expiration of the respite period of seven (7) years.
8. A closed Account may be reopened when the Party reactivates their old Account. In such circumstances, they shall be subject to the Terms of Use that are in force at the date of the re-opening.
9. BidBuddy retains the right to exclude Parties from its Services at its discretion. If the Account has been closed due to an infringement or violation pursuant to the Terms of Use or to a prohibited behaviour leading to Collusion, Fraud or whatsoever Criminal Activity, any winnings and any residual credit balance shall be forfeited.
10. If a Party does not access their Account by "logging in" using their Account name and security details for any period of twelve calendar months, that account shall be deemed "Inactive".

ACCOUNT TOP UP, WINNING, PAYOUT & DELIVERY

Users have access to the Services on the Platform with either actual cash in their wallet or Bonus credits.

The User may top up the actual cash value in their account wallet with any of the payment methods made available on the Platform or top up their bonus credits by the various means made available to them on the Platform.

Redemption of cash wins are automated and User shall be credited after notification of their win by following the instructions that come with the win notification.

BidBuddy relies on third parties to process its payments and cashouts and are subject to a separate terms and conditions with the aforementioned third party processors. Therefore, Users are subject to a weekly withdrawal limit of up to N10, 000 The excess may be transferred to the User’s in-app Main Balance or Bonus Balance to be used to bid for items on BidBuddy or to keep participating in the CashBuddy slots. BidBuddy may amend this provision periodically.

Winners of non-cash products, Services or experiences shall be able to redeem their winnings/bids in accordance with the manner prescribed by BidBuddy upon verification of the User's Account Identification ("ID"), time stamp of participation and credibility of the win to ascertain that it was free from unfair or fraudulent actions.

Winnings obtained by unfair or fraudulent actions shall be immediately forfeited.

For some Services, the User ID of the leading Users for each bid/service shall be displayed on a Leader board on the Platform and eventual winners may have their IDs displayed for a short period after the event expires.

Users shall be notified when a bid ends and a winner(s) has been selected.

Items fall into the following categories: Cash, Product (Physical or Digital), Services and Experiences. One some Services on the Platform, Items are subject to timers at the end of which the User at the top of the Leaderboard is the winner.

The following are options for redeeming a win:

(a) When a Physical Product Item reaches its Reserve Price and above:

• Accept the actual Item won
• 25% cash back of the actual Naira value of the Item won
• 75% in Bonus credit of the Item price as bonus points

(b) When a Physical Product Item does not reach its Reserve Price:

• 50% of actual Naira bids as cashback
• 50% of the total entries in bonus credit
• Receive the actual Item by paying the balance remaining for the item to reach reserve price

(c) When a Digital Product Item does not reach its Reserve Price:

• 50% of actual Naira bids as cashback
• 50% bonus credit

(d) When an Experience or Service Product Item does not reach its Reserve Price:

• 50% of actual Naira bids as cashback
• 50% bonus credit
• Receive the actual Item by paying the balance remaining for the item to reach reserve price

Delivery shall be the responsibility of the User. The dispatch rider upon delivery may ask to confirm your “Dispatcher Bid ID” which is a secret set of numbers you receive when you accept your actual Item. You may have a limited number of attempts to confirm this number with the Dispatch Rider failure of which may lead to a forfeiture of the Item. This also applies to Item redemption at physical locations or from BidBuddy merchants. In this case, they shall have a "Merchant Bid ID".

BidBuddy reserves the right to limit or to refuse its Services.

Winners generally have 7 days from the date of claiming a win to pick up the items they have won. Redemption Items may be limited to 72 hours after notification of the win. BidBuddy reserves the right to change this waiting period depending on the Item won and availability of stock.

Sometimes an Item may go out of stock or become unavailable during the bidding period. As BidBuddy deals with third party merchants, BidBuddy does not guarantee availability of the Items on the Platform. However, for Items won that are unavailable during redemption, the Winner shall be automatically given the Cashback Options under Clause 9 of this section and/or the relevant options under Clause 9 for the type of Item won.

BidBuddy also reserves the right to perform a promotional ceremony where winners pose with their items they have won with its team members or send a picture upon request by BidBuddy of themselves with the items they have won while protecting their identity (should they wish to). Refusal to take such pictures without valid reason may lead to a forfeiture of the win.

For wins made with credit from the User's main cash balance, the winners shall not be entitled to claim their winning items upon the expiration of a period of 30 days.

Parties and especially Winners shall abstain from smear campaigns or any actions online or offline that may be deemed detrimental to BidBuddy's reputation and public image. Doing so may lead to the forfeiture of the win and a permanent ban from using BidBuddy's Services. All winners agree to accurately represent BidBuddy’s best interests and to uphold BidBuddy’s image at all times.

PAY OUT POLICY

1. There are no cash refunds.
2. Only winners of cash prizes shall be eligible for cash Pay Outs.
3. Where the value of the total number of bids fall below the item RRP, the winner shall receive 50% of the actual cash value of those bids raised on that item.
4. Winners of items or services shall have an option of accepting the item or service or receiving up to 25% cash equivalent or bonus credits of the value of the item or service that they won.
5. BidBuddy’s Pay Out policy is subject to the expiration time set by the National Lottery Act 2005 Section 31 (3).

LEGAL USE OF THE PLATFORM AND OF ITS COMPONENTS

1. Under no circumstances shall the Platform be used for any purpose different from the services for which it was developed. BidBuddy shall not liable for any attempts to use its services for purposes and in a manner not intended by BidBuddy.
2. All Trademarks, Domains, Terms of Use, Logos, Images and any other material developed by BidBuddy (graphics, pictures, text etc.), as well as any other content or underlying idea developed by BidBuddy for the Platform, are owned by BidBuddy and protected by copyright in their entirety and may not be modified, reproduced and redistributed, in whole or in part, without BidBuddy’s express previous written permission. All necessary legal actions will be undertaken in order to ensure compliance to this policy.
3. All Intellectual Property in the products and services provided by BidBuddy’s merchant users and approved third parties belong to the merchant users and third parties and BidBuddy shall not be liable for any actions not limited to indiscretions or violations committed by such merchants and third parties. Such products and services are displayed on the Platform ‘as is’.
4. Any action aimed to interfere with the normal functioning of the Platform including, but not limited to, hacking, releasing or propagating viruses, worms or logic bombs or similar is strictly prohibited and shall be pursued to the fullest extent permitted by law.
5. Some irregular actions may be considered as attempts to elude BidBuddy controls and may result in the voidance of the User’s access to the services as well as in the closure of the User’s Account, even after said actions have ceased.
6. BidBuddy reserves the right to restrict access to certain parts of the Platform and to certain services offered, including, but not limited to Live Chat and Internal Messaging system.
7. BidBuddy may at any time and without previous notice, remove or amend any product or services offered on the platform, as well as alter available prices where such alterations do not affect services already in progress.
8. Under some circumstances, BidBuddy may provide its Users with software designed internally or by third parties in order to optimize the functioning of the Platform or to benefit from additional services. In such circumstances, the User may be asked to accept further Terms and Conditions related to the utilization of the new component. Any attempt to interfere with, modify or reverse engineer any software provided is strictly prohibited.
9. BidBuddy is not liable for any possible network failures caused by the electronic equipment used by the User while accessing the Platform or for faults due to the Mobile Network Operator or Internet Service Provider used by the User while accessing the platform or any failures caused by third parties actions that BidBuddy has no control of.

SHARING/LINKING BIDBUDDY PLATFORM

1. . The User may share any of BidBuddy’s Platform pages on their social media, provided they do so in a way that is fair and legal and does not damage BidBuddy’s reputation or take advantage of it. Such sharing may not be done in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written consent.
2. Where the BidBuddy Platform contains links to other websites and resources provided by our partners or other third parties, these links are provided for information only. BidBuddy does not make any representations regarding the accuracy and reliability of contents available on such third party websites and accepts no responsibility for them or for any loss or damage that may arise from their utilization.

BONUSES/PROMOTIONS & REWARDS

1. BidBuddy may make available on the Platform bonus offers, promotions or reward programs. This will be communicated to the User on the website, email and social media pages.
2. User’s eligibility for any offer or promotion and/or participation in the rewards program will be subject to the terms and conditions for the respective bonus offer, promotion or rewards program also available on the website, by email and BidBuddy’s social media pages at all times.
3. BidBuddy reserves the right to deny admission or to terminate admission to any of the bonuses, promotions and/or special offerings, as well as to modify, suspend or discontinue their validity at its sole discretion and without informing the User

COMPLAINTS AND SUGGESTIONS

1. If the User wishes to make a complaint or a suggestion regarding BidBuddy, the Platform or the services offered, contact our Customer Centre through the provided phone numbers or send an email through hello@bidbuddy.app.
2. . Complaints, claims or suggestions regarding to the acceptance, settlement or resettlement of a BidBuddy service must be made within 30 days from the expiry of such service.

WAIVER

1. In no event shall any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms of Use or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

SEVERABILITY

1. . If any provision of these Terms of Use is found by any court or administrative or regulatory body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use, which shall remain in full force and effect.
2. In such instances, the part declared invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, BidBuddy's original intent.

RESPONSIBILITY AND FAIRPLAY

1. BidBuddy’s services are designed to be competitively fun, entertaining and rewarding. BidBuddy believes in providing responsible services and takes this very seriously. Users are encouraged to have fun within the limits of their means and advised not to exceed those limits. BidBuddy is committed to endorsing responsible use of its services among its Users.
2. . Read and understand the rules of the various services on this Platform before partaking in them.
3. BidBuddy undertakes any effort in order to ensure the User’s pleasant online experience while enjoying its services, keeping full awareness of the financial harms associated with similar enterprises as this. Concerning the purposes pointed out herewith, BidBuddy suggests that the Users should try to keep it separate from their daily activities and know or establish limits.

APPLICABLE LAW AND PLACE OF JURISDICTION

1. The applicable provisions of the Laws of the Federal Republic of Nigeria shall govern any of BidBuddy’s services used by the User and any Regulations and Rules made in terms thereof, as amended from time to time. It shall be the responsibility of the User to ensure that they are aware of these provisions.
2. This contract, as well as any other legal relationship between BidBuddy and the User, for every circumstance not regulated by the Terms of Use, is subject to Nigerian laws.
3. The User should ensure that BidBuddy services are available in its location. If the User uses BidBuddy’s services from a location falling outside Nigeria, it shall be subject to all appropriate exchange control regulations and the laws of the jurisdiction from which such communication originates and it shall be the responsibility of the User to ensure full compliance with same. BidBuddy makes no warranties and shall not be liable to the User if it is not able to remit any winnings or provide services to any account held by the User in a foreign jurisdiction.

TERMINATION

1. BidBuddy shall have the right prior to temporarily to suspend or permanently to terminate, any of its services to a User without providing any reason.