Terms and conditions

 

   

 Most Powerful Auctions

Introduction

About Most Powerful Auctions

Most Powerful Auctions is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. MPA is not a traditional auctioneer.  

While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, MPA has no control over and does not guarantee the existence, 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 or return an item.

Using Most Powerful Auctions

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; 
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an He-Bay policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller.
  • fail to deliver items sold by you, unless you have a valid reason as set out in an MPA policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems
  • transfer your MPA account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm MPA or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of MPA;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any MPA application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to MPA. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to MPA or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
  • commercialize any MPA application or any information or software associated with such application, except with the prior express permission of MPA; 
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures we use to provide the Services.

Sellers must meet Most Powerful Auctions’s Seller Standard. Failure to comply and meet with this can result in but not limited to, restricted, suspending, or downgrading your seller account.

If we believe you are abusing MPA in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating the policy on MPA you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all MPA Services, even if sales terms are finalized or payment is made outside of Most Powerful Auctions

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

Most Powerful Auctions Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees

Listing Conditions

When listing an item, you agree to comply with Most Powerful Auctions

  • You are responsible for the accuracy and content of the listing and item offered.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). He-Bay can't guarantee exact listing durations.
  • When you use the consumer seller listing tool to create listings, your fixed-price listings may renew automatically every 10 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing.
  • Content that violates any of MPA’s policies may be deleted at MPA’s discretion.
  • We may revise data in the MPA’s product catalog to supplement, remove, or correct information; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer's location, search query, browsing site, and history;
    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller's history, including listing practices, Detailed Seller Ratings, MPA policy compliance, Feedback, and defect rate; and
    • number of listings matching the buyer's query.  
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
  • Some advanced listing upgrades will only be visible on certain Services.
  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.

Purchase Conditions

When buying an item, you agree to:

 

 You are responsible for reading the full item listing before making a bid or commitment to buy.

  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted).
  • We do not transfer legal ownership of items from the seller to the buyer.

International Buying and Selling; Translation

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on an He-Bay site other than he-bay.com, you are subject to the User Agreement of that other He-Bay site with respect to that particular purchase.

You may list your items directly on one or more of Most Powerful Auctions international sites. Additionally, you may direct us to display your listing on MPA’s sites other than the original MPA listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping or the Global Shipping Program); the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement, policies,You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.

You authorize us to use automated tools to translate your MPA content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

Holds

To protect Most Powerful Auctions from risk of liability for your actions as a seller, He-Bay has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an eBay Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.

Additional Terms

  • Returns and Cancellations

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances..

When an item is returned, to refund the buyer, you (as seller) authorize Most Powerful Auctions to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.


The cost of return shipping for an item that is not as described is the seller's responsibility. 

    • Returns have been automated;
    • You fail to send your buyer a return shipping label and, instead, an eBay-generated shipping label is used; and/or
    • A transaction is cancelled, to refund the buyer, you (as seller) are required to ensure that the buyer receives a full refund.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in MPA’s applications may not occur in real time. Such functionality is subject to delays beyond MPA’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using the Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by MPA;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services; 
  • damage to your hardware device from the use of any MPA Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing MPA Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or 
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of He-Bay’s Services or your breach of any law or the rights of a third party.

General

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.he-bay.com.

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 User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.he-bay.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an MPA representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Most Powerful Auctions site.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all polices posted through our Services set forth the entire understanding and agreement between you and He-Bay, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

 

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