Terms of Service and Conditions of Use Agreement

Legalese regarding Accessibility

This agreement includes provisions which define among other things; what can and cannot be done with respect to use of this platform.  Services provided by Gidatang.com, Inc., Gidatang.com, Gidatang, “We”, “Us”, “Our”, “the platform” or “the site” are provided exclusively for our Account Holder’s entertainment with emphasis stipulating that participation is voluntary but subject to the terms of service and conditions of use outlined here.  If the account holder (User) does not agree with the terms of service and conditions of use on this site, the user must accept this as notification that access privilege is immediately revoked, suspended or otherwise prohibited and that Gidatang.com shall not be held liable for any claim against us withstanding law or court decision that provides exception subject to the limits of liability posted below.

Website Access

Subject to acceptance of the terms of service and conditions of use outlined herein, Gidatang.com grants conditional access to registered users only.  For our purpose, a User is defined as the Account Holder whose personal identifying information was provided to create the account.  The User, Registrant and Account Holder must be the same person.  It is a violation of the terms of service and conditions of use to register using someone else’s information.  It is also a violation of the terms of service and conditions of use agreement to provide false information.

Gidatang.com, Inc. is making this platform, the various services, merchandise, the mobile phone apps, member benefits as well as other promotional opportunities available on a conditional use basis and solely for the entertainment of our registered guests.  Users are advised that participation requires the purchase and use of Bid Credits and/or Feature Auction Tokens during live auctions.  These Credits and Tokens are devices developed to facilitate the bidding process while simultaneously discouraging the practice of price manipulation through unnecessary and insincere bidding or bid sniping (last second software aided bid activity). In addition to the required use of credits and/or tokens, final payment is required to secure merchandise won at auction. Shill bidding as well as any other type of artificial manipulation of auctions is illegal.  Any Seller or User discovered to be engaged in this or any other type of deceptive practice will be immediately and unconditionally banned from future access to this site.  Additionally, any such activity will be voluntarily submitted to law enforcement for appropriate action.   A generous percentage of Profit generated from the sale of Bid Credits is donated to charity.  Gidatang.com Inc will also pay the processing fees on any direct donation made to organizations provided through this site.  The vast majority of revenue generated from Auction Registration Fees and the sale of Feature Auction Tokens is used toward payment of items offered in Featured Auctions.  Gidatang.com is a for profit organization, although a significant portion of profit derived these activities directly benefit causes named on this site.

Gidatang.com may or may not collect revenue in excess of the cost of items offered at auction and participation in auctions offers no guaranteed result except that in all instances, the successful bidder will be the highest bid received before bid timers expire.  This site is in no way a gambling site or game of chance. In order to ensure no value is lost to the Bidder, Gidatang.com assigns a point value to both Bid Credits and Feature Auction Tokens purchased. This process is similar to trading stamp company practices from the 1930’s to 1980’s.  The accumulation of these points provide bidders an alternate method to redeem merchandise through the exchange of points. Points are equal in value to the amount to 1 point for every 10¢ paid to secure Bid Credits or Feature Tokens, and may be redeemed for merchandise when bidding at auction proves to be unsuccessful.  Users are required to pay shipping on all merchandise redeemed through point exchange.  Again, be reminded that Access is granted subject to acceptance of the Terms of Service and Conditions of Use Agreement.

It is very important for us to declare that Auctions are presented “AS IS” or “AS AVAILABLE”. All offers MAY include an Original Manufacturers Warranty, However and unless otherwise provided in the item description, merchandise is void express or implied warranty. Furthermore, it is understood that ALL AUCTION SALES ARE FINAL.  Gidatang.com, Inc. reserves the right to deliver like items equal to or of higher value for any item won at auction should an unforeseen condition prevent delivery of the depicted item OR at our discretion, refund the purchase price as well as tokens and/or bid credits used to facilitate the auction process.

Gidatang.com does not knowingly permit any activity that may cause harm to anyone or anything.  We have no knowledge of and are not liable for any act or action of any third-party activity that may cause harm from which accessibility to the offending entity may have been obtained through this platform.  Gidatang.com prohibits any activity which violates the terms of our agreements.  If you suspect or become aware of inappropriate actions, activities or any other issue that violates the terms of service or conditions of use agreement to third party applications, please alert us at info@gidatang.com.  Otherwise, please be advised the you are using this platform at your own risk.

In signifying your acceptance to the terms of service and conditions of use during the registration process and by accessing the features of the site, the account holder whether as a Buyer or Seller or Both agree; Not to post, list or upload content or items to inappropriate categories or areas on our site; not to misrepresent products or services or post false, inaccurate, misleading, deceptive, defamatory or libelous content or manipulate prices or interfere with any other seller listings. Not to breach or circumvent any law, Not to violate any third-party right, Not to subvert the system or policies that govern it’s use; Not to access the site if temporarily or indefinitely suspended from using the site.  Users may not distribute, spam, solicit, campaign, protest, express political, religious or societal opinion, send bulk electronic communications, send chain letters, participate in pyramid schemes or use any data mining tools, robots, spiders or other named data gathering and extraction tools.  Users may not harvest or otherwise collect information about users without their consent; or circumvent any technical measure we employ to protect that information.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin and/or use of a debit or credit card or other form of payment. Gidatang.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.  Users may not engage this platform by any form of automated means other than by tools created by Gidatang.com, nor may you participate in activities that provide and unfair advantage over another user.  Users may not interfere with the operation of this service or impose an unreasonable or disproportionately large load on our infrastructure, export or re-export any product, service, application or tool, except in compliance with the export control laws of any relevant jurisdiction and must act in accordance with posted rules, laws and restrictions.

Note: Sellers must accept a separate but inclusive addendum related to best practices and required ethical conduct.

Users are reminded that Gidatang.com has a STRICT POLICY regarding refunds, returns and replacement and/or exchange of merchandise.

Enforceability

Be advised that the Terms of Service and Conditions of Use outlined herein constitute a legal and binding agreement between the user and Gidatang.com, Inc.  As such, the user is certifying that he or she is at least 18 years of age and has the capacity to enter into such an agreement.  Furthermore, by accessing the site and engaging in any activity made available on the site, the user is demonstrating complicity to follow all terms and conditions of use regardless of the device used to access this platform.  

Privacy

Gidatang.com Inc. takes User Privacy and Information Security very seriously, and maintains a separate link included as an integral part of this agreement.

User Obligations and Responsibilities

Financial Obligation

Account ownership bears certain obligations and responsibilities.  Account owners are required to protect their passwords at all times and take steps necessary to safeguard their privacy with regard to any information provided to Gidatang.com.  Account owners may not share access or transfer their account except by specific written consent of Gidatang.com and are therefore liable for actions and activities of anyone who accesses the platform through their account.  This includes a reasonable requirement to aggressively monitor any activity which may sustain consequence related to these financial obligations and to pay for any merchandise and/or services acquired through that account access.  It is important for us to declare as part of this user agreement, Auction Participation is specifically reliant on the completion of payment obligations with respect to “Winning Bidder” transactions.  Once a bid is accepted, the relationship between the parties is identical to that which exists between a promisor and a promisee in a conventional executory contract of sale and we will let it suffice to say that failure to pay for an item successfully won in Auction provides legal remedy which may include the assessment of damages.  We want it clearly understood that a Winning Bid is exactly the same as a Purchase Authorization which is typically completed at checkout.

Automatic Payment Authorization Agreement (if applicable).

By signifying acceptance to the terms and conditions of use, the user authorizes Gidatang.com discretion to process payment transactions on items won at auction “if” the user fails to complete the payment process on those won items within 3 calendar days. 

Again, by signifying acceptance to the terms and conditions of use, the account owner authorizes Gidatang.com full discretion to complete payment processing on their behalf specifically with respect to merchandise won at auction pursuant to the terms of this agreement unless alternate payment terms have been arranged and are agreed in writing.  As part of the terms and conditions of use associated with your account, you also agree that Gidatang.com has your permission to affect those charges without further consideration or secondary confirmation.  Payment processing authorization as well as methods of payment are controlled by the user through My Account in the User Panel preference settings.  Users may elect to opt out of any automatic payment feature however, Auction access may be blocked, restricted or rescinded.  Should payment be denied or refused by your financial institution, be rejected for insufficient funds, be charged back, disputed or otherwise interrupted, the user is responsible for any fees or charges accessed by financial institutions plus a $35 administrative fee imposed by Gidatang.com.  Users may be notified via text, email, first class mail and/or by phone to for the purpose of reconciliation with regard to outstanding debts and/or to receive assistance in completing transactions.

Breach of Agreement

Please understand that failure to complete a payment transaction is serious breach of contract in that it unfairly denies a lower bidder the opportunity to own the item.  Should payment be rejected, we must take precautions to mitigate potential damages therefore failure to complete transactions in a timely manner may result in the immediate suspension of purchasing privileges until the item has cleared processing and is paid in full.  YOU MUST RESPOND IMMEDIATELY to Notices and/or other Correspondence to avoid collection actions.  We understand that “things happen” and we will make every effort to extend reasonable courtesy to you to bring resolution.  While this is absolutely our last resort, be advised that collections activities are exempt from the Arbitration requirements of this contract and the Account Owner may be responsible for all fees and damages including Attorney’s fees incurred in the collection of a debt. 

3rd Party Terms of Service

As part of this agreement, the user understands that financial obligations extend to and/or may include offers of products and services presented by or through Gidatang.com, it’s Partners and/or Affiliates whether the offer be made through Auction, Catalog Sale, Member Service Offer (which includes Premium Membership, Group Travel Products, Credit Card Service Offers, Offers made through Social Media, Electronic Media and Data Exchange, Bid Credit Sales or by other means).  Terms and Conditions may be subject to a separate service provider in which the terms of that service will control activity specific to that application.

Disclaimer of Warranties and Limitations of Liability

Gidatang.com, Inc., Gidatang.com and the services of Gidatang as well as all information, content, materials, products (including software made available to you through the service are free of viruses or other harmful components).  These and other services included or otherwise made available to you through Gidatang.com are provided by Gidatang.com, Inc on an “at your sole risk” basis unless otherwise specified in writing.  Gidatang.com makes no representation of any kind, expressed or implied, as to the operation of the service provided, the information, content, materials, products (including software and/or Merchantability and Fitness for a particular purpose).  You expressly agree that use of the services made available to you through Gidatang.com is at your sole risk.  Any warranty of merchandise “if provided” is provided through a manufacturer warranty.  Please review our policy on Refunds, Returns, Replacement or Exchanges before making any purchase.  Gidatang.com will not be liable for any damage of any kind arising from the use of any Gidatang.com service or from any information, content, materials, products (including software) or other services including those made available through and not limited to Products of Services provided by direct, indirect, incidental, punitive, consequential or any other damage unless otherwise specified in writing.

Note: Disclaimers of Warranty; Limitations of Liability and the process for the handling Legal Disputes should one occur.  Is also contained as part in this agreement that Binding Arbitration except as stated below is a condition of use, should a user feel it necessary to make any claim against Gidatang.com which requires litigation.  (Collection actions and activities are exempt from Arbitration)

Purely for the sake of redundancy, it is very important for us to declare that Auctions are presented “AS IS” or “AS AVAILABLE”. All offers may include an Original Manufacturers Warranty however, unless otherwise provided in the item description, merchandise is void express or implied warranty.  Gidatang.com, Inc. reserves the right to deliver like items equal to or higher in value any item won at auction should an unforeseen condition prevent delivery of the original item OR to refund the purchase price as well as tokens and/or bid credits used to facilitate the auction process. Without exception, the liability of Gidatang.com Inc. shall not exceed the amount invested by the User.

Disputes

Any dispute or claim relating in any way to your use of any service provided by Gidatang.com or to any products or services sold or distributed by Gidatang.com, Inc. requires you notify us first through the Contact Us ~ Report a Problem link in the footer of this page.  All claims are limited to the amount invested by the User.  Should a fair and adequate resolution fail to be reached, any other remedy will be conducted through binding arbitration, except that you may assert claims in small claims court if your claims qualify as an exception. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send an email requesting arbitration and describing your claim to info@gidatang.com.  The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, Gidatang.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person however, the Laws of the State of Texas govern all terms and conditions of this contract without respect to conflicting laws of any other jurisdiction.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Copyright & Complaints of Infringement

Gidatang.com respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please register your complaint with us at info@Gidatang.com.

Users may not infringe on Copyright, Trademark, Patent, Publicity, Moral, Database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that are owned by or licensed to Gidatang.com, Inc.  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 Gidatang.com or someone else.  All original content included in or made available through any Gidatang.com, Inc. Service such as text, graphics, logos, button icons, images audio or video clips, digital downloads, data compilations and software is the property of Gidatang.com or its affiliates and is protected by United States and international copyright laws.  The compilation of all content included in or made available through Gidatang.com is the exclusive property of Gidatang.com and is protected by United States and international copyright laws. 

About Gidatang.com

Gidatang.com is an eCommerce marketplace that provides Bidders and/or Buyers and Sellers a platform to engage in eCommerce activities and is intended for the private use and entertainment of our users.  Terms and Conditions of Use Agreements are an integral part of any right or authorization to participate in activities associated with this platform.  Failure to abide by the Terms and Conditions of Use are sufficient basis for Gidatang.com to terminate, revoke, suspend, downgrade or limit access and/or use privileges.  We make every effort to ensure that this site and participants on this site act in good faith and with integrity.  In some instances, Gidatang.com may provide opportunity for Buyers and Sellers to complete transactions such as the transfer of goods and services purchased through Gidatang.com outside our purview.  In all cases, Sellers agree to perform in accordance with these terms and additional terms specific to those selling on this site.  Buyers agree to limit any liability of Gidatang.com, Inc. to the amount paid for the product or service unless stipulated by laws that supersede the intent of this agreement.  In all cases, any part or portion of this agreement that is deemed invalid shall be limited to the exact item(s) in dispute.  The remainder of this agreement is still in full force and effect.

Electronic Communications

By signifying your consent and by accessing the features of the site, you agree to all electronic communications whether sent or received by desktop, laptop, tablet or mobile device or any other device you may use to communicate with us by electronic means.  You consent to receive communications from us electronically where be email, first class mail, text, mobile push notices, notices and messages related to any exchange with Gidatang.com, Inc. and that any record of communication kept by Gidatang.com will be made available to you at your request and that the information may be kept for your records.  You agree that all agreements, notices, disclosures and other communications provided to you satisfy any legal requirement that such communications be in writing.

License and Access

Subject to your compliance with the terms and conditions of use outlined here, including any right of use claim based on payment of fees or memberships, Gidatang.com grants to you limited and provisional, non-exclusive, non-transferable, non-sustainable license to access to make personal and non-commercial use of the Gidatang.com Services.  This license does not include any resale or commercial assets or Intellectual Property of Gidatang.com., this also applies to all contents; any collection and use of any product listing, descriptions, prices, derivative use of any of the contents for downloading copying, or other use of account information for the benefit of any third party or the use of any data mining robots, cookies or similar data gathering and/or extraction tools.  All rights not expressly granted to you in these conditions or use or any of the service terms are reserved and retained by Gidatang.com or is licensors, suppliers, publishers, rightsholders, or other content providers.  No Gidatang.com service, nor any part of any service may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the expressed written consent of Gidatang.com, Inc. 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gidatang.com without express written consent of the CEO or appointed designee of Gidatang.com.  You may not use any meta tags or any other “hidden text” utilizing the Gidatang.com name or trademarks without the express written consent of Gidatang.com, Inc. You may not misuse Gidatang.com Services. You may use the service only as permitted by law. The licenses granted by Gidatang.com, Inc. terminates if you do not comply with these Conditions of Use or any Service Terms.

Reviews, Comments, Communications and other Content

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. If you do post content or submit material, and unless we indicate otherwise, you grant Gidatang.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gidatang.com and sub licensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this or any other policy published by Gidatang.com and will not cause injury to any person or entity; and that you will indemnify Gidatang.com for all claims resulting from content you supply. Gidatang.com has the right but not the obligation to monitor and edit or remove any activity or content. Gidatang.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Refunds, Returns, Replacement, Exchanges and Ownership

Gidatang.com is not responsible for merchandise that is NOT fully in our possession.  Although in some instances and at our discretion, a refund may be issued without requiring a return.  In this situation, you are advised to retain the notification from Gidatand.com stating these instructions and/or advice waiving the necessity of return to Gidatang.com.  On all other returns, Gidatang.com does not take title to the refunded item until accepted by our agent.  All returns should include tracking as well as signature confirmation at time of delivery.  Any item that qualifies for Refund, Return, Replacement and/or Exchange must include a Return Authorization Number provided by Gidatang.com and shipped to the address provided as part of Return Authorization Instructions.

For more information about our returns and refunds, please see our Policy on Refunds, Returns, Replacement and/or Exchanges. 

We emphasis that All Purchases shipped by Gidatang.com are presented to the shipper with in perfect condition including all necessary Tracking, Insurance and Requested Signature Confirmation if the user makes those elections at check out.   Damage and Failure to deliver items presented for shipment become the responsibility of the Shipper once possession has changed hands.  This simply means that the risk of loss, damage or theft as well as the title for such items become the responsibility of the shipper until passed to at time of delivery.   

WE STRONGLY ADVISE PURCHASING SHIPPING INSURANCE AND REQUIRING SIGNATURE CONFIRMATION ON ALL MERCHANDISE.

Product Descriptions

Gidatang.com descriptions or other content of any service is accurate, complete, reliable, current and is error-free. If a product offered by Gidatang.com is not as described, your sole remedy is to return it in unused condition.

Pricing

“Found @”, “Retail Price”, “Compare to” or any reference pricing published by Gidatang.com a refers to a posted or advertised price that in which the item was offered by another source.  “MSRP” refers the Manufacturer Suggested Retail Price”, “MAP Price” is the Minimum Advertised Price established by Manufacturers and Distributors.  Certain products may have prices displayed, which were acquired using random price survey queries or methods developed or used by Gidatang.com.  Regular Prices vs. Catalog Price is provided for reference purpose only.  Regardless of where purchases are made, it is possible that any product or service may be found on a competitor site for more or less.  With respect to items sold by Gidatang.com, we cannot confirm the price of an item until the order is placed. Despite our best efforts, a small number of the items in our catalog may be mis-priced.  If the correct price of an item sold by Gidatang.com is higher than our stated price, we will, at our discretion, either contact you regarding the error before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mis-priced item.

App Permissions

When you use apps created by Gidatang.com, such as the Gida App for iOS and Android devices, you may grant certain permissions to us for your device as well as certain privileges pertaining to Social Media Accounts.  A specific example of this may be the application of referral codes.  These referral codes may provide promotional credits and, in some cases, actual payment directly to your Gidatang.com account so that we may provide certain incentives for referring Gidatang.com to others through Social Media.  Users have control over much of this access in the personal preference module associated with their account.  Otherwise, most mobile devices provide you with information about these permissions. To learn more about these permissions contact your service provider.

Sanctions and Export Policy

You may not use any Gidatang.com Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Gidatang.com Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Gidatang.com Software), technology, and services.

Other Businesses

Parties other than Gidatang.com may operate stores or provide services or software, or sell product lines through the Gidatang.com Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Gidatang.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Applicable Law

By using any Gidatang.com Services, you agree that the Federal Arbitration Act, applicable federal law, and that the laws of the State of Texas, without regard to principles of conflict of other state laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gidatang.com, Inc.

Site Policy, Modification and Severability

Please review our other policies, such as our Policy on Refunds, Return, Replacement and Exchanges, posted on this site. These policies also govern your use of services provided by Gidatang.com. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.