Terms & Conditions

General / Overview

The following Terms & Conditions shall apply to the relationship between ASMP Associats LLC, www.co-penny.com and the end user ("You" or "Your"). By using Go-Peny services, You accept the following Terms and Conditions, as well as the manner in which Go-Penny operates. These Terms & Conditions constitute the entire agreement between Go-Penny and You, and supersede and replace all prior commitments, and undertakings, whether written or oral, between You and G0-Penny with respect of Your use of Go-Penny.

Information on Go-Penny, such as the "How it works" or "FAQ" sections, are only recommendations and are not intended as rules or guidelines. Go-Penny is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

Go-Penny will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.

Go-Penny reserves the right to change these Terms & Conditions at any time without notice to You. Consequently, You should review these Terms & Conditions for changes each time You visit Go-Penny. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at info@Go-Penny.com.

Go-Penny Acceptance of Terms & Conditions

By accepting the Terms & Conditions and/or registering with Go-penny, You confirm that You are eligible (as specified in the "Eligibility" section) to use Go-Penny. If You do not agree to the Terms & Conditions, do not use Go-Penny. If You access, use, or download in any way, any service from Go-penny, You agree to and are bound by these Terms & Conditions.

Go-Penny Eligibility

By accepting the Terms & Conditions and/or registering with Go-Penny, You confirm that You are at least 18 years of age and at least age of majority subject to the laws of the state/province, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using Go-penny, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If You access, use, or download in any way, any service from Go-Penny, You agree to and are bound by these Terms & Conditions.

You must reside in USA or Canada.

Go-Penny employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in Go-Penny auctions.

Go-Penny products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

Go-Penny reserves the right to limit the number of user accounts per household and the number of won auctions per user account. Go-Penny will not allow a single credit card to be used in conjunction with multiple user accounts. Go-Penny limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions). Go-Penny limits the number of auctions that a single user account can win in a 7 day period to a maximum of 7.

Registering @ Go-Penny

You can only register once and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. In addition, You must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other Go-Penny users. Username should not be your email address in part or full and should not contain any special characters. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If Go-Penny receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Go-Penny's sole discretion, Your user account may be frozen until You change the username or Go-Penny may permanently close Your account without prior notice to You for violating these Terms & Conditions.

You are responsible for keeping Your user account password confidential. Go-Penny will never ask for Your password apart from login, nor should it ever be provided to anyone, including GoPenny's employees. User accounts are non-transferable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage Go-Penny, shall result in the termination of the user and the reporting of a crime. In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Go-Penny Referrals

You may refer friends to Go-Penny using the form on the Go-Penny website. Go-Penny offers free bids to any user who refers new users that purchase a bid pack. Go-Penny reserves the right to review each referral for possible fraud. You may not refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.

Go-Penny Account Termination

TERMINATION BY YOU: You have the right to terminate Your account at any time. You may do so either by not returning or by closing your account in accordance with Go-Penny standard procedure.

TERMINATION BY Go-Penny: Go-Penny reserves the right to temporarily or permanently terminate Your account at its sole discretion if it determines You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if Go-Penny suspects fraudulent account activity or behavior. You agree that if Go-Penny, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Go-Penny may withhold, cancel or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

Bidding / Bid Purchases / AutoBid

You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Autobid function. Autobid is an automated feature which lets You bid on an auction even when You are not online or logged in. Autobid automatically places bids according to Your instructions. You can read about how the Autobid operates in the "Help" section.

Go-Penny reserves the right to offer different size Bid Packs at different times. Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are non-refundable. Should You not honor a payment, You will be charged a returned payment fee. Go-Penny reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

All bids purchased are non-refundable.

A bidding period will be added to the timer and one bid (as specified on product detail page auction) will be deducted from Your account with each bid placed. An auction ends when the timer on the Go-Penny server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Go-Penny server(s) hit zero.

Odds of Winning Auctions

Every auction is unique and the results of all auctions offered on Go-Penny depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

Acceptance of the Win / Payment

After an auction has ended, You must actively confirm and pay the total price for the won auction. Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within seven (7) days of the auction end date, Go-Penny reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner's account is updated and can be accessed at "My Account" page. The item will not be sent to You until the total price has been paid to Go-Penny.

Go-Penny Special Promotions

Any special promotions run by Go-Penny shall only be valid if they are announced on Go-Penny or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Go-Penny or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

Go-Penny reserves the right to show additional and/or different auctions to You at Go-Penny’ sole discretion.

Returns / Cancellations

If you have won an auction and the article delivered was not to your satisfaction, it may be returned within seven (7) days following its receipt. This excludes breakage or loss of the article, notably during the delivery process, in which cases a return cannot be accepted. Delivery fees for the return of an article as well as any subsequent delivery fees related to the article (e.g., reshipment fees) will be at your expense. Delivered contents must be returned in full in the same condition as when it was received. Among others, any audio or video recording (e.g., CD or DVD), software or video game for which the original packaging was opened cannot be returned or refunded. The amount paid for the purchase of the article will only be refunded upon receipt and verification of the satisfactory condition of the article by Go-Penny Inc. If Go-Penny accepts the return of the article, bids that were used in the auction for this article will be credited to the member’s account.

Delivery

Deliveries are made exclusively within USA and Canada. Unless otherwise stated, delivery will be made from our suppliers or our warehouse to the address provided by You. Delivery times are usually 5-7 business days. Delivery times may vary therefore any time provided should be used as a guide. Go-Penny shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Go-Penny upon receipt.

Withholding Payment / Retention of Title

You agree that the item delivered shall remain Go-Penny's property until payment is received in full of the total price, including the shipping and bids used in the auction.

Disclaimer of Warranty and Liability Regarding Use of Go-Penny

You agree that use of Go-Penny is at Your sole risk. Neither Go-Penny nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Go-Penny, or the like, warrant that websites affiliated with Go-Penny, including but not limited to, Go-Penny, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Go-Penny may contain inaccuracies or typographical errors. Go-Penny makes no warranty as to the results that may be obtained from the use of Go-Penny or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Go-Penny. Furthermore, Go-Penny shall not be responsible for any opinions, views, advice or statements posted on Go-Penny (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Go-Penny spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Go-Penny spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF Go-Penny IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY one cent soft. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

GO-PENNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GO-PENNY, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF GO-PENNY, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, GO-PENNY DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GO-PENNY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM GO-PENNY OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT GO-PENNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH GO-PENNY.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GO-PENNY SERVICES OR ITEMS PURCHASED THROUGH GO-PENNY, FROM INABILITY TO USE GO-PENNY'S SERVICES OR ITEMS PURCHASED THROUGH GO-PENNY, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GO-PENNY'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of Go-Penny, You should discontinue Your use of Go-Penny.

Disclaimer of Warranty and Liability Regarding Purchases from Go-Penny

ASMP Associates LLC. hereby disclaim any and all liability from claims arising from trip packages offered on the Go-Penny site. Go-Penny will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased on the Go-Penny site. Go-Penny is not liable for flight delays, loss of baggage or other losses that occur during a trip offered on the Go-Penny site.

All new products are sold with the manufacturer's limited warranty only. Go-Penny warrants solely that the products sold to You under these terms shall have the characteristics specified in Go-Penny's specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Go-Penny. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, GO-PENNY MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY GO-PENNY OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT GO-PENNY SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY GO-PENNY. IN NO EVENT SHALL GO-PENNY BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

System Outage / Temporarily Paused Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to Your account; however, Go-Penny is not responsible for any other costs incurred by You due to a system outage. Go-Ppenny reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Go-Penny, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Go-Penny shall not be liable for any damage incurred by auction users or third parties from using Go-Penny's services. In particular, Go-Penny shall not be liable for damage that occurs due to bids not being received by Go-Penny, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

Service and Support for Products Purchased

All requests for technical service and support on products purchased on Go-Penny should be made directly to the manufacturer in accordance with their Terms & Conditions.

Applicable Law / Severability Clause

This Terms & Conditions Agreement and Your use of Go-Penny shall be governed by the laws of the Canada and the Province of Ontario without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or provincial court sitting in Ontario.

You are subject to the laws of the Jurisdiction in which You reside and/or from which You access Go-Penny and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state/province, not by the federal government. VOID OUTSIDE OF THE USA AND CANADA. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in auctions offered by Go-Penny while located in a prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions, and subject to having Your account suspended or closed permanently. You agree that Go-Penny cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.

Protection of Data: Collection, Processing, and Use of our Customers' Personal Information

The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Entire Agreement

These Terms & Conditions constitute the entire agreement between You and Go-Penny with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by Go-Penny of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Go-Penny.

Note:

Placing bids online at www.Go-Penny.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly.