1.0 The Terms
1.1 The services provided by Surplus and Prime Worldwide (“SURPLUS AND PRIME WORLDWIDE”) through the SURPLUS AND PRIME WORLDWIDE Web Site (the “Site”) and the SURPLUS AND PRIME WORLDWIDE Auctionïare undertaken by SURPLUS AND PRIME WORLDWIDE in accordance with these terms (the “Terms”). By either listing products for sale or bidding for the purchase of products (Products users (“Users”) agree to these Terms. SURPLUS AND PRIME WORLDWIDE reserves the right to modify the Terms at any time without any prior notice.
1.2 Users who wish to become prospective buyers or sellers of products shall register with the site by selecting a login ID and personal password and providing any other required registration intelligence.
1.3 Users who log in represent and warrant that (a) all intelligence provided during registration is accurate and complete and (b) all registration intelligence from time to time will be updated so that it is kept current, accurate, and complete at all times. Users are solely responsible for all conduct and transmissions that take place under their respective login ID and passwords. SURPLUS AND PRIME WORLDWIDE may request additional intelligence at any time with respect to registration intelligence. SURPLUS AND PRIME WORLDWIDE may, in its sole and absolute discretion, refuse to accept a User’s registration, and may terminate a User’s rights to continue using the Site for any reason at any time.
1.4 SURPLUS AND PRIME WORLDWIDE collects generic intelligence using IP addresses that do not identify Users directly, to help diagnose problems with the SURPLUS AND PRIME WORLDWIDE server, administer the Site, analyze trends, track Users’ movements, and gather broad demographic intelligence for aggregate use in order to improve the Site. The Site Privacy Policy, which can be accessed at Privacy Policy, shall apply at all times.
1.5 These Terms are in force at any time a User uses the Site in any way. If a User disagrees with these Terms, the sole remedy is for the User to terminate its use of the Site. Upon any termination of a User’s right to use the Site, these Terms shall survive termination with respect to any use or transactions for the sale or purchase of Products occurring prior to termination.
2.0 Listing of Products
2.1 A prospective seller (“Seller”) of Products must have the legal authority to sell the Products it lists for sale on the Site, free and clear of any liens, claims, or other encumbrances. Seller agrees to use commercially reasonable efforts to supply accurate intelligence for each listing of Products, including quantity and condition (the Listing Description. SURPLUS AND PRIME WORLDWIDE shall have no responsibility for the Listing Description. SURPLUS AND PRIME WORLDWIDE reserves the right to reject any Products from posting on the Site.
2.2 Any resale restrictions, transfer costs, loadout requirements, taxes, fees, or special conditions required by the Seller must be clearly set forth in the Listing Description. Since the terms of any sale of Products are strictly between the Buyer and the Seller, the enforcement of any resale restrictions shall be as agreed between the Seller and Buyer.
2.3 Once a SURPLUS AND PRIME WORLDWIDE Auction begins, the Seller may not update or change the Listing Description without SURPLUS AND PRIME WORLDWIDE approval. If any updates or changes are required for accuracy, it is the sole responsibility of the Seller to notify SURPLUS AND PRIME WORLDWIDE in a timely manner.
2.4 Seller agrees that payment to SURPLUS AND PRIME WORLDWIDE for its services in connection with a Listing Description, the SURPLUS, AND PRIME WORLDWIDE Auction and facilitating the sale of Products as between Seller and a registered buyer (“Buyer”) shall be in the form of either a Performance-Based Commission or Exclusive Listing Commission.
3.0 The SURPLUS AND PRIME WORLDWIDE Auction™
3.1 The time period for a SURPLUS AND PRIME WORLDWIDE Auction will be determined by SURPLUS AND PRIME WORLDWIDE and will usually extend from 7 to 14 days, except in the event Products are perishable, and in that event, the SURPLUS AND PRIME WORLDWIDE Auction will usually extend for a period of no more than 24 hours. At the discretion of SURPLUS AND PRIME WORLDWIDE, the SURPLUS AND PRIME WORLDWIDE Auction period may be extended for varying periods of time.
3.2 SURPLUS AND PRIME WORLDWIDE is not a traditional auctioneer or broker. SURPLUS AND PRIME WORLDWIDE is not involved in forming the actual transaction between a Buyer and Seller. SURPLUS AND PRIME WORLDWIDE is neither an agent, partner, nor joint venturer of a Buyer nor Seller. SURPLUS AND PRIME WORLDWIDE does not take title to Products at any point in time in a transaction between a Buyer and Seller. SURPLUS AND PRIME WORLDWIDE has no control over the quality, safety, or legality of the Products, the truth or accuracy of the Listing Description, the ability of a Seller to sell Products, or the ability of a Buyer to buy Products. SURPLUS AND PRIME WORLDWIDE is furthermore not a principal or participant of the underlying transaction between Buyer and Seller.
3.3 For Products sold by a Seller during a SURPLUS AND PRIME WORLDWIDE Auction, SURPLUS AND PRIME WORLDWIDE will be paid a commission (deducted from the Bid Amount and which becomes the Net Bid Amount). Unless Seller and SURPLUS AND PRIME WORLDWIDE agree to an Exclusive Listing Commission, the Commission payable to SURPLUS AND PRIME WORLDWIDE will be a Performance-Based Commission and will equal no less than $500 and is based on the level of SURPLUS AND PRIME WORLDWIDE services, the type of Product, and the SURPLUS AND PRIME WORLDWIDE Auction; which amount will be determined in the sole discretion of SURPLUS AND PRIME WORLDWIDE. An Exclusive Listing Commission amount will be a fixed percentage of the Bid Amount as stated in writing signed by the Seller and SURPLUS AND PRIME WORLDWIDE.
4.0 Buyer Bidding and Seller Acceptance of Bid Amounts
4.1 Under the SURPLUS AND PRIME WORLDWIDE Auction Buyer is invited to submit a bid amount for the purchase of the Products to SURPLUS AND PRIME WORLDWIDE only prior to the established ending time (“Bid Amount”). No Bid Amount may be submitted with changes to these Terms. Buyer should carefully review the Listing Description and any applicable Buyer Premium prior to submitting a Bid Amount. A Bid Amount is not retractable except in extraordinary circumstances as determined solely by SURPLUS AND PRIME WORLDWIDE. SURPLUS AND PRIME WORLDWIDE reserves the right to reject or void any Bid Amount at the sole discretion of SURPLUS AND PRIME WORLDWIDE.
4.2 When a Bid Amount is submitted Subject to Inspection, the funding requirements set forth in these Terms shall apply.
4.3 At the end of a SURPLUS AND PRIME WORLDWIDE Auction, the Seller may accept the Net Bid Amount. The Net Bid Amountïis the Bid Amount less any SURPLUS AND PRIME WORLDWIDE Performance Based Commission or Exclusive Listing Commission amount (collectively the Commissionï. If the seller agrees to sell the Product at the Net Bid Amount, the Buyer will be promptly notified by SURPLUS AND PRIME WORLDWIDE, at which time the Seller and Buyer as between each other are obligated to complete the sale and purchase of the Products.
5.0 Product Sales Transactions
5.1 Some Products sold in a SURPLUS AND PRIME WORLDWIDE AuctionTM are subject to a Buyer Premium which will be stated on the Listing Description.
5.2 At the end of a SURPLUS AND PRIME WORLDWIDE Auction and upon acceptance by Seller of the Net Bid Amount, SURPLUS AND PRIME WORLDWIDE will notify the Buyer. At that time SURPLUS AND PRIME WORLDWIDE will provide the Buyer with a funding request for payment of the Bid Amount, and a Buyers Premium if applicable (the Product Funding Request. At the election of SURPLUS AND PRIME WORLDWIDE, the Product Funding Request may be in the form of a SURPLUS AND PRIME WORLDWIDE Deposit Agreement or Escrow Agreement. No later than 48 hours after notification, the Buyer is required to pay the Bid Amount in good and sufficient funds, which becomes the Product Funding Amount. Where a Buyer Premium is set out in the Listing Description, which is not subject to discount, this amount is added to the Bid Amount and becomes the Product Funding Amount.
5.3 When a Bid Amount is Subject to Inspection, the Product Funding Amount shall be paid to SURPLUS AND PRIME WORLDWIDE and Buyer shall have 48 hours to conduct its inspection and advise SURPLUS AND PRIME WORLDWIDE of its rejection of the Products and in that event the Product Funding Amount shall be returned to Buyer. In all events, the Buyer is required to conduct its inspection for the condition, quantity, and quality of the Products.
5.4 If the Buyer fails to timely pay the Product Funding Amount, then the Buyer is obligated to pay a penalty equal to $500 and shall be deemed in default and forfeits its rights to purchase the Products, in which case the Seller may sell the Products to another Buyer. In the event of a default a Buyer will also be barred from bidding on other SURPLUS AND PRIME WORLDWIDE Auctionsïuntil the default penalty is paid. The defaulting Buyer may also be subject to other claims, damages, or liabilities to the Seller.
5.5 Upon SURPLUS AND PRIME WORLDWIDE’s receipt of a Product Funding Amount in good and sufficient funds, the Seller shall provide and SURPLUS AND PRIME WORLDWIDE shall notify Buyer of a scheduled release date (the “Release Date”), which is the date by which Buyers may either take possession of the Products or assume control of the Products (such as when the Products are in a third party storage facility).
5.6 SURPLUS AND PRIME WORLDWIDE will distribute to Seller, the Product Funding Amount less the Buyer Premium if applicable and less the SURPLUS AND PRIME WORLDWIDE Commission (the “Net Product Funding Amount”) upon the earlier of (a) the notification of Buyer to pay the Net Product Funding Amount to Seller, (b) the release of the Products to Buyer or (c) within the agreed payment term as between Seller and Buyer. Any Products that have not been picked up within 5 days after the Release Date will be deemed abandoned and the Buyer will forfeit all rights to the abandoned Products. If Seller does not make the Products available by the Release Date, SURPLUS AND PRIME WORLDWIDE will notify both parties and will use commercially reasonable efforts to cause Seller to release the Products in a timely manner. The Product Funding Amount will be refunded to the Buyer within thirty (30) days of the failure of Seller to release the Products in the event Buyer has not otherwise notified SURPLUS AND PRIME WORLDWIDE to release the Product Funding Amount to the Buyer or the terms of sale as between Seller and Buyer do not otherwise require the release of the Product Funding Amount to Seller. The failure of a Seller to release the Products may be subject to other claims, damages, or liabilities of the Buyer only.
5.7 Any claims of material shortages in quantity or other material discrepancies of the Products from their posted description must be communicated to SURPLUS AND PRIME WORLDWIDE within twenty-four (24) hours after the Products are released to the Buyer. SURPLUS AND PRIME WORLDWIDE shall only be required to use commercially reasonable efforts to resolving such claim with the Seller for the Buyer’s account and shall otherwise have no liability to Buyer for such shortages or material discrepancies.
5.8 Should SURPLUS AND PRIME WORLDWIDE become involved in litigation or other proceedings of any nature on account of the Product Funding Amount solely because it holds the Product Funding Amount, Buyer and Seller agree to pay SURPLUS AND PRIME WORLDWIDE, in addition to any commissions hereunder, reasonable attorney’s fees incurred by SURPLUS AND PRIME WORLDWIDE and any other costs and expenses resulting from such actions, all of which may be deducted from the Product Funding Amount prior to their disbursement by SURPLUS AND PRIME WORLDWIDE.
5.9 For any agreement on the sale of Products unless otherwise agreed to in writing as between Buyer and Seller, Buyer and Seller agree: (a) ALL PRODUCTS ARE SOLD “AS IS, WHERE IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS OF SALE FOR SUCH ITEM AND LABELED AS A “WARRANTY”; (b) IN NO EVENT SHALL BUYER OR SELLER BE LIABLE TO EACH OTHER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOST REVENUE OR ANTICIPATED PROFITS, ARISING OUT OF OR IN CONNECTION WITH SUCH TRANSACTION; and(c) IN NO EVENT SHALL THE LIABILITY OF SELLER TO BUYER, OR BUYER TO SELLER, FOR ANY SUCH TRANSACTION, EXCEED THE BID AMOUNT OF THE PRODUCTS.
5.10 For any completed purchase, the Bid Amount, the Net Bid Amount, the Product Funding Amount, the Net Product Funding Amount, the Buyer Premium, SURPLUS, AND PRIME WORLDWIDE Performance Based Commission or Exclusive Listing Commission amounts are confidential and will not be released to other parties.
6.0 Buyer and Seller Responsibilities
6.1 In any transaction on the Site, Buyer and Seller are responsible for determining whether sales, use, VAT, GST, transfer, ad valorem, or other similar taxes of any taxing authority apply to the transaction and to collect, report and remit the correct tax to the appropriate tax authority. SURPLUS AND PRIME WORLDWIDE is not obligated to determine whether any such taxes apply and is not responsible for collecting, remitting, or reporting any such taxes arising from any transaction. If any such taxes are applicable, it is the obligation of the Seller to disclose this in the Listing Description.
6.2 Each Buyer and Seller agree to comply with all applicable laws and regulations regarding the sale or purchase of Products on this Site. Each Buyer and Seller agree not to use this Site or any content contained in it for any illegal or inappropriate activities, which include harassing or bribing others, misappropriating or copying the contents of this Site or any listing, or selling nonexistent, fraudulent, or counterfeit Products.
6.3 Sale price manipulation of any kind by users is strictly prohibited, including, without limitation, bidding through a secondary account or another party, by communicating with any other Buyer, or by shill bidding.
6.4 No Buyer or Seller shall submit, publish, distribute, or transmit through this Site or its email links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, or that would otherwise give rise to liability or violates any law.
6.5 No Buyer or Seller shall submit, publish, distribute, or transmit anything through this Site that will violate or infringe, or cause SURPLUS AND PRIME WORLDWIDE to violate or infringe, the intellectual property or other rights of any third party, including copyright, trademark, trade secret, privacy or other proprietary rights. No Buyer or Seller shall use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.
6.6 Any Buyer or Seller who exports or imports any Products shall comply with and become knowledgeable about any restrictions, taxes or duties, and government filings involved with importing such Products.
7.0 No SURPLUS AND PRIME WORLDWIDE Warranties; Limitation of Liability; and Release
7.1 The products listed on this site unless otherwise set forth in the contract between buyer and seller, are to be sold on an “as is”, “as available” basis. To the fullest extent permissible by applicable law, surplus and prime worldwide disclaims all representations and warranties of any kind, express or implied, as to the operation, accessibility or security of this site, and the accuracy, completeness, currency, or reliability of any of the content or data found on the site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Surplus and prime worldwide do not warrant that the site or the functions, features, or content on the site will always be available, accessible, uninterrupted, secure, or operate without error. Surplus and prime worldwide expressly disclaims any responsibility for any misrepresentations or breaches committed by any buyer or seller.
7.2 To the extent permissible under applicable law, surplus and prime worldwide assumes no responsibility, and in no event shall surplus and prime worldwide be liable for, any injury, loss, claim, damage, lost profits or any special, incidental, indirect, consequential, or punitive damages of any kind arising out of the sale of any products listed on this site or in connection with buyers or sellers access to, use of, or browsing in this site or from downloading of any materials, data, or content from the site.
7.3 If, notwithstanding the foregoing, surplus and prime worldwide or any seller should be found liable for any loss or damage (whether in contract or tort) which arises out of or is in any way connected with these terms or the use of the site, the liability of surplus and prime worldwide shall in no event exceed the commission paid surplus and prime worldwide with respect to the particular transaction giving rise to such liability.
7.4 Buyers and Seller release SURPLUS AND PRIME WORLDWIDE, its subsidiaries and affiliates, and their respective officers, directors, agents, employees, and third party suppliers, from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes (inasmuch as SURPLUS AND PRIME WORLDWIDE is not involved in the actual transaction between Buyers and Sellers) relating to this Site or the Products. All Buyers and Sellers who are California residents, waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
8.0 Links and Advertisements
The Site may contain links to or banners advertising other sites on the Internet that are owned and operated by third-party vendors and other third parties. SURPLUS AND PRIME WORLDWIDE is providing these links and banners solely as a convenience. The appearance of a link or advertisement does not imply SURPLUS AND PRIME WORLDWIDE’ endorsement, nor is SURPLUS AND PRIME WORLDWIDE responsible for the content of any linked site.
9.0 Indemnification
Each Buyer and Seller shall indemnify, defend and hold harmless SURPLUS AND PRIME WORLDWIDE, its subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), brought by or on behalf of any third party against SURPLUS AND PRIME WORLDWIDE that arises out of (a) any breach or violation of these Terms, (b) any dispute with another Site User relating to the purchase or sale of Products on this Site, or (c) any personal injury, death or property damage caused by or arising out of the subsequent use of the Products purchased on the Site.
10.0 Applicable Law
This Site is controlled by SURPLUS AND PRIME WORLDWIDE from its offices in India & UAE. The laws applicable to the interpretation of these Terms shall be the laws of UAE & INDIA, without regard to any conflict of law provisions.
11.0 Disputes and Venue
11.1 Any legal action arising out of or relating to these Terms will first be submitted for informal resolution between User (Buyer, Seller, or third party) and SURPLUS AND PRIME WORLDWIDE.
11.2 Should the parties fail to resolve such dispute within thirty (30) days where the parties substantively discuss the dispute on at least two separate occasions), the parties shall refer the matter to mediation administered by the UAE Law Arbitration Rules & Mediation Procedures, as amended and then in effect at the time of the dispute (the AAA Rulesï. As an exception, any dispute over the payment of unpaid, undisputed SURPLUS AND PRIME WORLDWIDE Performance Based Commission or Exclusive Listing Commission may proceed directly to binding arbitration as set forth below.
11.3 Should the parties fail to resolve such dispute through mediation, each party shall have the right to refer the matter to arbitration. The arbitration shall be administered by the UAE Courts/India Courts in accordance with the UAE Laws and Indian Laws(Depending on Jurisdiction). The parties shall agree on a single neutral arbitrator that is qualified by education and experience to address the matter in the dispute. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, the Government Authority shall determine the arbitrator. The arbitrator shall have power and authority to award any remedy or judgment that could be awarded by a court of law, except the arbitrator shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential or punitive damages. The award rendered by the arbitration shall be final and binding upon the parties, and judgment upon the award may be entered in any court of competent jurisdiction in the United Arab emirates/India. The governing law for the arbitration shall be the law of the United Arab Emirates/Law of India, without reference to its conflicts of law provisions. The prevailing party of any arbitration shall be entitled to recover its reasonable legal costs and expenses to bring and maintain any such suit as part of its damages.
11.4 The foregoing will not be construed to prohibit SURPLUS AND PRIME WORLDWIDE from directly seeking temporary injunctive relief because of a breach or threatened breach of Section 12 of this Agreement without first complying with this Section.
12.0 General Terms
12.1 These Terms constitute the entire agreement and understanding of the parties in respect of its subject matter and supersedes all prior understandings, agreements, or representations by or among the parties, written or oral, to the extent they relate in any way to the subject matter hereof or the transactions contemplated hereby.
12.2 These Terms do not create, and shall not be construed by the parties or any third person as creating any agency, partnership, joint venture, or employment relationship between a Buyer or Seller and SURPLUS AND PRIME WORLDWIDE. The relationship of the parties under these Terms shall be solely that of independent contractors. Neither party shall have, nor hold itself out as having, any right, power, or authority to assume, create, or incur any expenses, liability, or obligation on behalf of the other party, except as expressly provided herein.
12.3 SURPLUS AND PRIME WORLDWIDE’s failure to exercise or enforce any right or provision of these Terms will not constitute our waiver of such right or provision.
12.4 All of the terms, agreements, covenants, representations, warranties, and conditions of these Terms are binding upon, and inure to the benefit of and are enforceable by, the parties and their respective successors and assigns.
12.5 The provisions of these shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof, provided that any provision of these Terms that is invalid or unenforceable in any situation or in any jurisdiction will not affect the enforceability of the remaining terms and provisions hereof or the enforceability of the offending term or provision in any other situation or in any other jurisdiction.
Please feel free to contact SURPLUS AND PRIME WORLDWIDE to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, sending an email to Info@Surplusandprime.com.
13.0 SURPLUS AND PRIME WORLDWIDE Copyright and Trademarks
SURPLUS AND PRIME WORLDWIDE and the SURPLUS AND PRIME WORLDWIDE logos are trademarks or service marks of SURPLUS AND PRIME WORLDWIDE. The trademarks, tradenames, and all other material contained on this Site, including all portions of the website, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of SURPLUS AND PRIME WORLDWIDE or its licensors. Except as expressly permitted hereby, the use of any such property for any other purpose, or the modification, distribution, or republication of such material without the prior written permission from SURPLUS AND PRIME WORLDWIDE, is strictly prohibited.
Surplus and Prime create offsets by repurposing distressed commercial assets.
Contributing to reducing Carbon footprint Globally Contributing to Greener Tomorrow.
Please visit our website www.surplusandprime.com for further details about products and services.
Privacy Policy
This Privacy Policy Proclamation describes the privacy practices of Surplus and Prime Worldwide, (the”Company” or “we”) with respect to the assemblage use, and disclosure of personal intelligence, including in respect to intelligence collected from individuals or entities listing products for sale or bidding for the purchase of Products on the Company’s website located at https://surplusandprime.com (“Surplus and Prime Worldwide Website”) or otherwise accessing or utilizing the Surplus and Prime Worldwide Website (“Users”). This Privacy Policy Proclamation is part of Surplus and Prime
Worldwide Web Site Terms and Conditions.
This Privacy Policy Proclamation may be supplemented or modified by agreements entered into between the Company and a User from time to time.
Where we have provided a translation of the English language version of this Privacy Proclamation, such translation is provided for the User’s convenience only. To the extent there is any inconsistency between the English language version of this Privacy Proclamation and any such translation, the English language version shall govern.
In this Privacy Policy Proclamation, “personal intelligence” means any intelligence about an identifiable User, excluding any intelligence that has been made anonymous or that, is excluded from the definition of “personal intelligence” under applicable laws.
This Privacy Policy Proclamation will notify Users of:
• What personal intelligence or third party personal intelligence is collected through Surplus and Prime Worldwide Website
• How the intelligence is used
• With whom the intelligence may be shared
• What choices are available to users regarding collection, use, and distribution of personal intelligence
• The kind of security procedures that are in place to protect the loss, misuse, or alteration of personal intelligence under our control
• How Users can correct any inaccuracies in their personal intelligence
Intelligence Collection
Except where otherwise required or permitted by law, we will inform Users of the purposes for the collection, use, or disclosure of the User’s personal intelligence prior to collecting, using, or disclosing the personal intelligence. We collect personal intelligence from Users through various means, including through Surplus and Prime Worldwide Website and through user registration. Requirements for consent to the collection, use, or disclosure of personal intelligence vary depending on circumstances and on the type of personal intelligence that is intended to be collected, used, or disclosed. In determining whether consent is required and, if so, which form of consent is appropriate, we will take into account both the sensitivity of the personal intelligence at issue and the purposes for which we will use the intelligence. Consent may be express, implied (including through the use of “opt-out” consent where appropriate), or deemed. For example, if a User provides his/her/its mailing address and requests intelligence regarding a particular Product, consent to use the address to mail product intelligence to the User is implied. On giving reasonable written notice to the Company, a User may withdraw consent to the collection, use, or disclosure of his/her/its personal intelligence. Upon receipt of this withdrawal, we will notify the User of the likely consequences of withdrawing his/her/its consent. Except where otherwise required or permitted by law, the company will then stop collecting, using, or disclosing the Users personal intelligence.
Intelligence Use
We use intelligence collected from Users to provide Products or services (including disclosure of personal intelligence to third parties as required to provide those Products or services, and as described herein), to respond to requests for intelligence regarding the Company’s products and services, and for additional purposes that may be identified at or before the time that the intelligence is collected. The intelligence gathered will be used for general corporate marketing purposes, thereby enabling us to refine and improve our service and better meet our customers’ needs. The intelligence gathered may also be used by the Company to resolve disputes, collect fees, troubleshoot problems, enforce our Surplus and Prime Worldwide Web Site Terms and Conditions and related policies, and prevent potentially prohibited or illegal activities. We will not use or disclose personal intelligence for purposes other than those for which it was collected, except with the consent of the User or as required or permitted by law. Once the intelligence is no longer required to fulfill its intended purposes and is no longer required or permitted to be retained for legal or business purposes, it will be destroyed, erased, or made anonymous.
Intelligence Disclosure
We are the sole owner of the intelligence collected on this site and will not share or rent this intelligence to others in any way other than as disclosed in this Privacy Policy Proclamation. By using the Surplus and Prime Worldwide Website to buy or sell, Users consent to our disclosing relevant contact intelligence of Sellers and Buyers to each other to the extent necessary to perform Surplus and Prime Worldwide’s services in connection with a Listing Description (or in some cases, Surplus and Prime Worldwide services requested by User and provided that are unrelated to a Surplus and Prime Worldwide AuctionTM or Listed Description), or in the event of a dispute between the parties. We may disclose certain personal intelligence to third parties and to affiliated entities in order to carry out work on behalf of the Company or in connection with the operation of affiliated or hosted marketplace venues. We will take appropriate steps to ensure that such recipients safeguard their personal intelligence and use the intelligence only for authorized purposes. If we partner with another party to provide specific services, and a User registers for these services, we will share the contact intelligence or other intelligence necessary for the third party to provide the requested services. We may also disclose personal intelligence to legal, financial, and other professional advisors and to our lenders or insurers in connection with the operation of our business, or in connection with the sale or reorganization of all or part of our business or operations. In respect of our fraud detection and prevention efforts or the investigation of unlawful activities, we may collect and disclose personal intelligence in cooperation with law enforcement authorities. We may also collect and provide personal intelligence to other third parties in response to a subpoena, court order, or substantially similar legal procedure, or when we in good faith believe disclosure is required by any applicable law, regulation, or legal process. By using the Surplus and Prime Worldwide Website, Users agree to allow us to use Users’ remarks, suggestions, writings, or comments as we so determine without Users’ further consent and without compensation or any other interests or rights. However, we will not identify the specific source of the comments by name or email address without your permission. Users also agree that we will not be liable for the use or acquisition of Users’ intelligence by any third party without our knowledge or consent.
Sharing
We may share aggregated demographic intelligence with our partners and affiliates. This is not linked to any personal intelligence that can identify any individual User.
User Registration
To use certain areas of Surplus and Prime Worldwide Website, Users must first register and accept Surplus and Prime Worldwide Web Site Terms and Conditions. By accepting Surplus and Prime Worldwide Web Site Terms and Conditions, Users expressly consent to our collection, storage, use, and disclosure of their personal intelligence as described in this Privacy Proclamation, and in particular, after Users accept Surplus and Prime Worldwide Web Site Terms and Conditions, Users expressly consent to our collecting and storing the following personal intelligence:
• e-mail address, physical contact intelligence, and (depending on the service used) sometimes financial intelligence, such as credit card or bank account numbers;
• transactional intelligence based on Users activities on Surplus and Prime Worldwide Website (such as buying and selling), and correspondence sent to us in connection with these activities;
• if Users are a Seller, we collect intelligence relating to the Products Users desire to post for sale and related identifying intelligence; and
• other intelligence from Users interaction with Surplus and Prime Worldwide Website, or our services, content, and advertising, including computer and connection intelligence, statistics on page views, traffic to and from Surplus and Prime Worldwide Website, IP address, and standard web log intelligence
Registration and the provision of this intelligence are required to access some areas of the Surplus and Prime Worldwide Website. Users who do not input the required intelligence will not have access to these areas.
Special Offers, and Site and Service Updates
We may send registered users site and service announcement updates, and intelligence regarding new or improved services and upcoming events (including but not necessarily limited to a Surplus and Prime Worldwide AuctionTM) that we think may be of interest to them. We may communicate with Users to provide requested services or with respect to their account via email or phone.
Usage Data
The Surplus and Prime Worldwide Website also collects other intelligence through some of the features available on the site. Intelligence including unique ID, access time, search parameters, and visitor feedback is collected.
Cookies
A cookie is a piece of data containing intelligence about a User and is stored on the User’s hard drive. Use of a cookie is in some ways linked to personal intelligence while on our site – see details above. The cookies have long-term expirations to provide convenience to users so that a user has to log in a password only once while on our site. If a user rejects the cookie, they will be able to use our site but will be unable to access some areas. Cookies also enable us to track the interests of our Users, allowing us to personalize and enhance their experience on Surplus and Prime Worldwide Website. We offer certain features that are available only through the use of cookies and use cookies to help identify Users and maintain Users’ signed-in status. Most cookies are “session cookies,” meaning that they are automatically deleted from a Users hard drive at the end of a session. Users are always free to decline our cookies to the extent a Users web browser permits, although doing so may interfere with a User’s use of some of the Surplus and Prime Worldwide Websites or services. If permitted by a Users computer security and browser settings, we will place cookies on a Users computer as such User browses the Surplus and Prime Worldwide Website to gather non-personally identifiable intelligence, which may include a Users computers IP address, browser type, the webpage the User was visiting prior to accessing the Surplus and Prime Worldwide Website, and other statistics. We use intelligence collected from cookies so that we can understand what sort of intelligence Users are interested in, which enables us to display advertising on your computer based on these interests. We use trusted third-party advertising companies, including without limitation Google Analytics, to serve ads when Users visit Surplus and Prime Worldwide Website. These companies may use anonymized intelligence collected through the use of cookies (not including a Users name, address, email address, telephone number, or any other personally identifiable intelligence) about Users visits to the Surplus and Prime Worldwide Website and other websites in order to provide advertisements about goods and services of interest to Users. This means that when Users are on websites other than the Surplus and Prime Worldwide Website, Users may be shown advertising based on a User’s activity on the Surplus and Prime Worldwide Website. We do not share any intelligence with third parties that directly identify a User.
Users can opt-out of Google Analytics for Display Advertising by visiting https://www.google.com/settings/ads.
Users can learn more about behavioral advertising and opt-out of third-party behavioral advertising by visitingwww.youradchoices.com.
Web Server Traffic Log Files
Web server logs collect visitor intelligence including IP address, browser type, and version, referring URLs, referring search engines, and specified search strings. This intelligence helps us design improvements to the services and navigational structure of the Surplus and Prime Worldwide Website.
Children
We do not attempt to collect personal intelligence from children, but cannot always determine if a User of Surplus and Prime Worldwide Website is a child.
Links
The Surplus and Prime Worldwide Website contains links to other sites, including sites maintained by our corporate partners for the provision of online payment services and online shipping quotes. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage Users to read the privacy Proclamations of all websites that collect personal intelligence.
Surveys
Occasional surveys may be conducted on the Surplus and Prime Worldwide websites. Survey intelligence will be used to help us monitor and improve the use of this site and our services.
Management of Personal Intelligence: Security
Users’ intelligence is stored on our servers located in the United States. We use a number of tools (passwords, physical security, etc.) to protect Users’ personal intelligence against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other Users may abuse or misuse Users’ personal intelligence that they collect from Surplus and Prime Worldwide Website. Therefore, although we work very hard to protect Users’ privacy, we cannot ensure or warrant that Users’ personal intelligence or private communications will always remain private.
Choice / Opt-Out
Users are given the opportunity to opt-out of having their intelligence used for purposes not directly related to the purchase of services or products using Surplus and Prime Worldwide Website. Users not wanting their intelligence provided to any companies other than the Company, or who no longer wish to receive promotional or other intelligenceal material from us may also opt-out of receiving these communications by replying to unsubscribe in the subject line in the e-mail or e-mail us at info@surplusandprime.com.
Notification of Changes & Acceptance of Privacy Proclamation
By using the Surplus and Prime Worldwide Website and services, Users signify their acceptance of this Privacy Policy Proclamation. We reserve the right to modify this Privacy Policy Proclamation at any time. Users continued use of any portion of the Surplus and Prime Worldwide Website following notification or posting of such changes will constitute a Users acceptance of those changes. If we change our privacy practices, we will post those changes to our Privacy Policy Proclamation on the Surplus and Prime Worldwide Website and update the date listed on the links to it, as well as on the Proclamation itself. We will post those changes so Users are always aware of what personal intelligence we collect, how we use it, and under what circumstances if any, we disclose it. We may from time to time provide notice of changes to this Privacy Policy Proclamation by email or mail or to other contact intelligence provided by Users. We use personal intelligence in accordance with the Privacy Policy Proclamation under which the personal intelligence was collected. If at any point, the company decides to use personal intelligence in a manner different from what currently is stated, we will notify Users by mail, email, or phone call. Users will have a choice as to whether or not we use their personal intelligence in this different manner.
Contributing to reducing Carbon footprint Globally to create a Greener Tomorrow
Please visit our website www.surplusandprime.com for further details about products and services.