MirAuction Terms of Services

By signin up for MirAuction service, you are agreeing to be bound by the following terms and conditions. Any new features or tools which are added in future , will be also the subject of Terms of Services. MirAuction reserves the right to update and change the Terms of Service by posting to the website.

1) Account Terms

You must be 18 years or older to use this Service. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You are responsible for keeping your password secure. MirAuction cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the MirAuction service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia and the NSW. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your MirAuction account. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Account Terms as determined in the sole discretion of MirAuction will result in an immediate termination of your services.

Summary: Don’t use MirAuction for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
2) General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of MirAuction. Technical support is only provided to paying account holders and is only available via email. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MirAuction. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use MirAuction or MirAuction trademarks and/or variations and misspellings thereof Questions about the Terms of Service should be sent to support at MirAuction dot com. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

Summary: The MirAuction service belongs to us. You are not allowed to rip-it-off. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
3) MirAuction Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal or written abuse of any kind (including threats of abuse or retribution) of any MirAuction customer, MirAuction employee, member, or officer will result in immediate account termination. MirAuction does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that MirAuction employees and contractors may also be MirAuction customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

Summary: We can modify, cancel or refuse the service at anytime.
4) Limitation of Liability

You expressly understand and agree that MirAuction shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. In no event shall MirAuction or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, MirAuction partners, officers, directors, agents, and employees, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. MirAuction does not warrant that the service will be uninterrupted, timely, secure, or error-free. MirAuction does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. MirAuction does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Summary: We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.
5) Waiver and Complete Agreement

The failure of MirAuction to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MirAuction and govern your use of the Service, superseding any prior agreements between you and MirAuction (including, but not limited to, any prior versions of the Terms of Service).

Summary: If MirAuction chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and MirAuction don't apply if they conflict with these terms.
6) Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the MirAuction service. All material you upload remains yours. You can remove your MirAuction store at any time by deleting your account. This will also remove all content you have stored on the Service. By uploading images and item description content to MirAuction.com, you agree to allow other internet users to view them and you agree to allow MirAuction to display and store them and you agree that MirAuction can, at any time, review all the content submitted by you to its Service. You retain ownership over all content that you submit to a MirAuction store however, by making your store public, you agree to allow others to view your content. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (i) was in the public domain at the time we received it, (ii) comes into the public domain after we received it through no fault of ours, (iii) we received from someone other than you without breach of our or their confidentiality obligations, or (iv) we are required by law to disclose.

Summary: Anything you upload remains yours and if you want to remove your content, just delete your account.
7) Payment of Fees

A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card. The service will be billed in 30 day intervals. When your billing period is over MirAuction users will be sent an invoice via email. As well, an invoice will appear on the account page of your MirAuction administration console. Users have approximately two weeks to bring up and settle any issues with the billing. All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of Australia , you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Canadian billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate. If you are not a resident of Australia and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of the service, you must provide us with a statement by email to accounting@mirauction.com that 1) you are not a resident of Canada 2) you are not GST/HST registered and 3) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when the service is made. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes on the Plan which will be billed to your credit card until after such time that you provide us with the information described to us. To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in Australia when the service is made, you must advise us immediately by email to the address provided above. MirAuction does not provide refunds.

Summary: For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
8) Cancellation and Termination

You may cancel your account at anytime by emailing support@mirauction.com Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again. We reserve the right to modify or terminate the MirAuction service for any reason, without notice at any time. Fraud: Without limiting any other remedies, MirAuction may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Summary: To cancel, e-mail support@mirauction.com and all your content will be permanently deleted. If you cancel in the middle of the month, you’ll have one last e-mail invoice. We may change or cancel the MirAuction service at anytime. Any fraud and we will suspend or cancel your account.
9) Modifications to the Service and Prices

Prices for using MirAuction are subject to change upon 30 days notice from MirAuction. Such notice may be provided at any time by posting the changes to the MirAuction Site (mirauction.com) or the administration menu of your MirAuction store via an announcement. MirAuction reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice. MirAuction shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Summary: We may change or discontinue the service at anytime, without liability.