WELCOME TO DIBNSHOP.COM. PLEASE READ THESE CONDITIONS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE DIBNSHOP.COM WEBSITE. THEY EXEMPT THE OPERATOR OF DIBNSHOP.COM AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. THEY ALSO GOVERN YOUR USE OF THE WEBSITE’S SERVICSE AND THE MODALITIES FOR YOUR PURCHASE OF THE PRODUCTS AVAILABLE ON THE WEBSITE AND FOR YOUR PARTICIPATION IN THE AUCTIONS HOSTED BY THE WEBSITE
These Conditions of Use contain the following provisions
1. Purpose
2. Your Acceptance of these Conditions of Use
3. Permission to Use the Website
4. Change to these Conditions of Use
5. Ownership and Permitted Use of the Website
6. Client Account
7. Buying Dibs
8. Auctions
9. Immediate Purchases
10. Payment
11. Misprints and Errors, Product Availability and Prices
12. Trade-mark Information
13. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
14. Login Names and Passwords
15. Software Agreements
16. Contests
17. Unsolicited Submissions
18. Your Information
19. Disclaimers, Liability Exclusions/Limitations and Indemnity
20. Personal Information Privacy
21. Other Sites/Resources
22. Termination
23. Governing Law and Dispute Resolution
24. Other Matters
1. PURPOSE
The purpose of these Conditions of Use is to govern the modalities of use for the services available on the Dibnshop.com Website. Dibnshop.com is an online sales Website offering you many types of products. The Website proposes two manners of purchasing the available products: either by participating in a descending-price auction through the purchase and use of “dib” credits, or through an immediate purchase at the posted price for a given product, the whole as more explicitly described hereinafter.
The Website is operated by GLF Development SA (hereinafter “the Website’s operator”). GLF Development SA is a legal entity incorporated under the laws of Panama. Its head office is located at the following address:
Inc.Torre Generali, Pise 15
Ave. Samuel Lewis y Calle 54
Panama, PA
Obarrio Apartado 832-1637, WTC – PA
2. YOUR ACCEPTANCE OF THESE CONDITIONS OF USE
These Conditions of Use are an Agreement between you and all persons you represent (and for purposes of these Conditions of Use, "person" includes natural persons and any type of incorporated or unincorporated entity) and the Website’s operator regarding your access to and use of the Dibnshop.com Website and all content, information, products and services available on or through the Website (collectively, the "Website"). These Conditions of Use also provide benefits to the Website’s operator's affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Conditions of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Conditions of Use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Conditions of Use, or you are not authorized to agree to and accept these Conditions of Use on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
These Conditions of Use are in addition to any other agreement you may have with the Website’s operator, including a transaction agreement.
3.PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. The Website’s operator reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games).
4. CHANGES TO THESE CONDITIONS OF USE
The Website’s operator may, in its sole discretion, change these Conditions of Use from time to time as they relate to future use of the Website, by posting revised Conditions of Use on the Website. By using the Website after these revised Conditions of Use has been posted, you signify your acceptance and agreement to be bound by the revised Conditions of Use. You may not change these Conditions of Use in any manner.
5. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of the Website’s operator and others, and is protected by Panama and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Conditions of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the Website’s operator. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Conditions of Use.
6. CLIENT ACCOUNT
In order to access the services, including your participation to the descending-price auctions and your product purchases, you must obligatorily create a client account with the Website’s operator. You are requested to fill an application form by providing all required information and you agree to provide only true, exact, up-to-date, and sincere information. You further agree to spontaneously update your own information in order to ensure that it remains true, exact, up-to-date, and sincere. If part or the whole of your information proves to be false, erroneous, inexact, out-of-date, or incomplete, the Website’s operator reserves the right to suspend or close your account without notice or delay. Your personal information is protected by the Website’s Privacy Protection Policy (xxlink). Please refer to this document for additional details.
You undertake to use the Service personally and not to allow any third party to use it in your stead or on your behalf, failing which you shall bear full responsibility for that third party’s use of the Website. You are likewise responsible for maintaining the confidentiality of your passwords and user names related to your account. In the event of a breach of any term of the present section, the Website’s operator reserves the right to suspend or close your account without notice or delay. You must immediately contact the Website’s operator at the address mentioned in Section 24 hereto if you notice that your account has been used without your knowledge. In such an event, you hereby acknowledge the right of the Website’s operator to take any appropriate measure. You further agree not to use the Website and its Services in a profit-making fashion. You hereby declare that your use of the Website shall be non-commercial and within the scope of your personal needs.
7. PURCHASE OF “DIBS”
Once you have created your client account, you may, in your discretion, purchase of “dibs” that will be credited to your account for your future participation to the descending-price auctions. In such a case, any “dibs” thus credited to your account are your exclusive property—their transfer from the client account for which they were initially purchased to any other client account is not allowed.
At his discretion, the Website’s operator offers you various “dibs” packages at prices that he shall determine from time to time. The Website’s operator retains the faculty to modify at his sole discretion the prices of the “dibs” packages he offers. It is these “dibs” that allow you to participate in auctions and to lower the price of a given article. Each “dib” corresponds to one credit allowing you to place a single bid in the scope of the auction on a given product, as more explicitly described hereinafter.
8.AUCTIONS
The Dibnshop.com Website allows you to participate in “descending-price” auctions so as to lower the price of a given item. Each auction concerns a single specific product. For each product, in addition to its description, the Website provides an opening bid as well as the time remaining until the auction closes.
Furthermore, a system of colour symbols indicates the state of progress for the auction:
- Red: Auction suspended, another Website user is currently pre-purchasing the product;
- Orange: Another user is currently “dibbing” on the product;
- Green: No activity on the product;
- Gold: You have just dibbed on the product and hold the lowest price for the moment.
You can bid on a specific product by using one of your “dibs”, already credited to your account. Each “dib” thus employed lowers by a certain amount the price of the product on which you just “dibbed”. In addition, when you use one of your “dibs” to bid on a specific product, the reduction in price corresponding to your “dib” is added to the total reduction in price corresponding to all “dibs” previously bid on this product by the Website’s other users. Each time you place one such bid, one “dib” is deducted from your account’s total.
Following your bid, the Website will show you the actual price of the specific product. All prices include any applicable taxes, but shipping and handling charges are in addition to the price shown. All transactions on the Website are conducted in US dollars—prices shown in Euro currency are given solely for information purposes and may not reflect the exchange rate that will be applied by PayPal or your financial institution when payment is processed. You will then have the option of buying the specific product at the lowered price, by clicking on the “Buy at This Price” button.
You will then be redirected to the confirmation page in order to complete your purchase. On this page, you will see the shipping and handling charges applicable to your product. Please confirm your shipping address, as well as any additional detail. Please confirm your purchase by clicking again on the “Buy at This Price” button. As soon as you complete this last step of the confirmation and transmit your information to the Website’s operator, a binding contract is formed between you and the Website’s operator. This contract cannot be cancelled and you have the obligation of paying your purchase.
9. IMMEDIATE PURCHASES
If you wish, you have the option of buying a given product at the price posted in that product’s description, without availing yourself of the descending-price auction system described hereinabove. All prices include any applicable taxes, but shipping and handling charges are in addition to the price shown. All transactions on the Website are conducted in US dollars—prices shown in Euro currency are given solely for information purposes and may not reflect the exchange rate that will be applied by PayPal or your financial institution when payment is processed. To purchase a product immediately, click on the “Buy Now” button.
You will then be redirected to the confirmation page in order to complete your purchase. On this page, you will see the shipping and handling charges applicable to your product. Please confirm your shipping address, as well as any additional detail. Please confirm your purchase by clicking again on the “Buy Now” button. As soon as you complete this last step of the confirmation and transmit your information to the Website’s operator, a binding contract is formed between you and the Website’s operator. This contract cannot be cancelled and you have the obligation of paying your purchase.
10. PAYMENT
When you confirm the purchase of a product, you enter a binding contract with the Website’s operator and you have the obligation of paying the price including shipping and handling charges as well as any applicable taxes. The Dibnshop.com Website offers you two (2) options in order to pay the price of your purchases:
Once your payment is completed, you will be redirected to a page on the Website showing your invoice for the completed transaction. At the same time, an email will be sent to your disclosed email address, containing a link allowing you to track the shipping status of your order. The Website’s operator will process your order within a 24-hour delay, excluding non-working days. Your order will be shipped by the postal service; a tracking number allows you to follow your parcel. The shipping time of your parcel is determined by the postal services.
11. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
The Website’s operator endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. The Website’s operator cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. The Website’s operator does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
The Website’s operator reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
12. TRADE-MARK INFORMATION
DIBNSHOP.CO’, the slogan “How Low Can You Go” and the Dibnshop.com logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by the Website’s operator or their respective owners or licensees.
Any use of the Marks, except as expressly provided in these Conditions of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
13. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Website’s operator are strictly prohibited. To request permission to link to the Website, please send an email to xx@dibnshop.com. The Website’s operator may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
14. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by the Website’s operator. For the purposes of accessing the Website, the Codes remain the property of the Website’s operator and may be cancelled or suspended at any time by the Website’s operator in its discretion without any notice or liability to you or any other person.
The Website’s operator is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. The Website’s operator may act upon any communication that is given with the use of Codes. The Website’s operator may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if the Website’s operator is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with these Conditions of Use; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify the Website’s operator by email to: xx@dibnshop.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
15. SOFTWARE AGREEMENTS
The Website’s operator may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
16. CONTESTS
From time to time the Website’s operator may make contests available to users of the Website and others. All contests are governed by these Conditions of Use and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these Conditions of Use and the applicable Contest Rules.
17. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, the Website’s operator does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to the Website’s operator or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to the Website’s operator and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the Website’s operator or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of the Website’s operator and its successors, assigns and licensees.
18. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. The Website’s operator will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Website’s operator or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
19. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
20. PERSONAL INFORMATION PRIVACY
The Website’s operator collects, uses and discloses personal information in accordance with its Privacy Protection Policy, which is available by clicking here (xxlink) and which may be changed from time to time by the Website’s operator in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting these Conditions of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by the Website’s operator in accordance with the Privacy Protection Policy as it then reads.
21. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from the Website’s operator, and the Website’s operator has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. The Website’s operator does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against the Website’s operator arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and the Website’s operator, these Conditions of Use, with all necessary modifications, apply to your access and use of any Other Sites and their business, goods, services and content.
22. TERMINATION
Notwithstanding any other provision of these Conditions of Use, the Website’s operator may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. The Website’s operator may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Conditions of Use or your permission to access and use the Website without any notice or liability to you or any other person.
If these Conditions of Use or your permission to access or use all or any part of the Website is terminated for any reason, then these Conditions of Use and all other then existing agreements between you and the Website’s operator will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
23. GOVERNING LAW AND DISPUTE RESOLUTION
These Conditions of Use, your access to and use of the Website, and all related matters are governed solely by the laws of Panama. Any dispute between you and the Website’s operator or any other person arising from, connected with or relating to the Website, these Conditions of Use, or any related matters (collectively "Disputes") will be resolved before the Courts of Panama, sitting in the City of Panama City, province of Panama, Panama, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
24. OTHER MATTERS
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Conditions of Use and the remaining provisions will continue in full force and effect.
These Conditions of Use enure to the benefit of and are binding upon each of the Website’s operator and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign these Conditions of Use or the rights and obligations under these Conditions of Use. The Website’s operator may assign these Conditions of Use and its rights and obligations under these Conditions of Use without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Conditions of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that these Conditions of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Conditions d'usage et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by these Conditions of Use are reserved to the Website’s operator.
You may contact the Website’s operator by email, or postal mail:
GLF Development SA
P.O. Box 1148, Station H
Montréal, QC H3G 2N1
CANADA