---

SecurePay Terms & Conditions
Updated 30th April 2007

SecurePay is a service operated by CQout Ltd (‘CQout’) under the Terms & Conditions set out below, which are additional to the standard CQout Terms and Conditions for use of CQout auction site set out at CQout T&C.

Definitions

‘User’-  Collective terms for buyers and sellers who have registered on CQout online auction site

‘Buyer’- The user who has place a winning bid for an auction on CQout

‘Seller’- The user who has placed an item for sale by auction at CQout.

‘Completion’- the date on which funds are disbursed.

1.0 USER IDENTIFICATION  

All information provided by SecurePay Users shall be true and accurate. If any information is proven to be false or misleading, CQout reserves the right to cancel the transaction.

2.0 USER CONDUCT  

Users of SecurePay must be over 18 years of age and/or able to form a legally binding contract.

Users agree that their transaction does not violate any applicable local and/or international laws.

Users are responsible for obtaining and maintaining the equipment and internet services necessary to access and use SecurePay.

CQout may, at its sole discretion, immediately terminate User access to the SecurePay service should a User’s conduct fail to conform with these terms and conditions.

3.0 ESCROW LIMITATIONS

CQout will not participate in any escrow transaction pertaining to: firearms, weapons or munitions; pirated software, music or videos; counterfeit items; false ID or documentation; illegal drugs or paraphernalia; embargoed items; human and/or animal remains or organs; club memberships or timeshares; the transfer of licenses or title; or intangible items (e.g., palm reading, web design, or services for which delivery cannot be verified by escrow); information (e.g., bulk mailing lists). CQout reserves the right to reject application for escrow on any transaction, for any reason.

SecurePay may be used to facilitate the transfer of ownership of domain names. SecurePay will use data from Network Solutions' WHOIS database (InterNIC) in order to confirm that transfer of ownership has occurred. Payment to the Seller will occur only after Network Solution's WHOIS database shows the Buyer as the registered owner.

CQout shall not be responsible for the transfer of title for personal property. CQout shall not be held liable and makes no warranties regarding verification of ownership or verification of existing encumbrances against property.

4.0 SHIPPING REQUIREMENTS for Sellers:

The Seller must ship goods directly to the Buyer's address as provided on the Cqout auto emails.

The Seller is responsible for the condition of the goods until they are received, and signed for, by the Buyer. It is essential that the Seller obtain shipping insurance for the purchase price of the goods. SecurePay shall not be liable for any loss or damage to goods.

The Seller must use a shipping service that provides a tracking or reference number that CQout can use to confirm delivery. Users authorize CQout to use the tracking information provided to confirm receipt of merchandise. A signature obtained upon delivery, from the Buyer and/or their authorized agent, is the only incontrovertible proof that the goods have been delivered and received.

Should goods (e.g. heavy, valuable or delicate items) require special transport, it is the seller’s responsibility to ensure a suitable shipping company is used.

Should the Seller fail to ship goods within 15 working days of the transaction reaching "Buyer Paid " status, CQout reserves the right to return funds, less CQout’s fee, to the Buyer and cancel the escrow transaction.

Provided CQout is able to verify that the Buyer has received the goods, CQout will release payment only after the Inspection Period has lapsed or the Buyer has indicated approval of the goods, whichever occurs first. The Evaluation Period is the amount of time allotted for a Buyer (or Seller in the event of a return) to examine and evaluate the goods received. The Valuation Period begins at 12:01 am of the next weekday (Monday - Friday) after the goods have been received and continues for 48 hrs. The day on which the goods are deemed to have been received is that of the delivery date as indicated by the shipping carrier.

Users agree that CQout is not responsible for the return of goods or for disputes between the Buyer and Seller after the transaction has been completed. Completion is defined as the date on which funds are disbursed.

5.0 SHIPPING REQUIREMENTS & LIABILITIES for Buyers:

The Buyer is responsible for providing complete and accurate address information to CQout and immediately notifying CQout of any address changes. The Buyer is also responsible for ensuring that they, or their authorised agent, are available to receive or pick up goods from the shipping carrier in a timely manner. It is the Buyer's responsibility to notify CQout, within the Valuation Period, of any mismatch between date/time of the goods arrival and the shipping carrier's delivery information. If shipping insurance was purchased and the merchandise was damaged during shipping, the Buyer must immediately notify CQout, the Seller, and the shipping carrier. The insurance provider will instruct the Buyer as to what action to take. In the event of shipping damage, the Buyer must retain all packaging materials and merchandise for review by the insurance carrier. If the Seller did not purchase insurance, the Seller is liable for repair or replacement cost of the goods. The Buyer is responsible for any damage to goods after receipt and signature.

If goods are not delivered, the Buyer must in the first instance notify the Seller to resolve the matter. If the Seller does not respond, any complaints regarding non-delivery of goods must be lodged with CQout within 90 days of dispatch of goods. Notification must be lodged via a negative rating issued to the Seller on the user rating system.

6.0 RETURN OF GOODS

If the Buyer returns goods to the Seller, the Buyer is responsible for all shipping requirements, including insurance. The buyer must;

7.0 DEPOSIT OF FUNDS  

The SecurePay service can only process payments made using the credit card with which the User registered with CQout.

Funds held by the SecurePay service do not earn interest. CQout will not be responsible and accepts no liability for the devaluation of funds received or refunded to Buyer or Seller which has occurred as a result of the conversion of foreign currency or variation in exchange rates during the period of the transaction.

8.0 FEES AND CHARGES

Upon the receipt and processing of funds, the SecurePay service fee becomes non-refundable.

9.0 UNCLAIMED FUNDS  

Funds held in escrow cannot be released without:

1. the mutual instructions of both parties;  
2. performance or implementation of the policies set forth in the T&C  
3. an order resulting from arbitration

Unclaimed funds will remain in escrow for a period of one year, at which time the ownership transfer to CQout Ltd

10.0 COPIES OF DOCUMENTS  

Users shall make copies of any documents necessary for their files including, but not limited to, escrow instructions, receipts and transaction ledgers. CQout will not mail out hard copies of documentation.

11.0 DISCLAIMER No advice or information, whether oral or written, obtained by Users from CQout or through the SecurePay service shall create any warranty not expressly made herein.

CQout expressly disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to merchantable warranties, fitness for a particular purpose and non-infringement. The Service is provided on an "as available" basis. CQout makes no warranty that the Service will meet Users' requirements, or that the service will be uninterrupted, timely, secure or error free; nor does CQout make any warranty as to the results that may be obtained from the use of the service, its accuracy, its reliability or that defects in the software will be corrected.

The above limitations may not apply if Users' jurisdiction does not allow for the limitation of exclusion of liability for incidental or consequential damages.

12.0 LIMITATION OF LIABILITY

CQout shall not be liable for direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for the cost of procurement of substituted goods and services. CQout shall not be liable for messages received or transactions entered into through the Service resulting from unauthorized access to, or alteration of, Users' transmission or data including, but not limited to, damages for loss of profits, use, data or other intangibles, even if CQout has been advised of the possibility of such damages. In no event will CQout’s total liability to a User exceed the amount paid by that User for the SecurePay Service. CQout shall not be held liable or responsible for any agreements, whether verbal or written, between Users that are not documented as part of the SecurePay transaction. CQout shall not be liable for any communications received and acted upon by Users that were not initiated by CQout.

The above limitations may not apply if Users' jurisdiction does not allow for the limitation of exclusion of liability for incidental or consequential damages.

13.0 INDEMNIFICATION

Users shall, at their expense, agree to defend, indemnify and hold CQout, its subsidiaries, affiliates, officers, and employees, harmless from any and all damages, liabilities, costs and expenses, (including reasonable attorneys' fees) incurred by CQout arising from or relating to any third party claim, suit or proceedings associated with Users' use of the Service, violation or infringement of CQout’s Terms & Conditions by Users (or others using the Service through Users' computer) or any allegation that the information Users have provided hereunder (1) is factually inaccurate, misleading or deceptive, (2) infringes or misappropriates any copyright, trademark, trade secret or other intellectual property right of any third party, or (3) is libellous, defamatory, obscene or pornographic or violates other civil or criminal laws, including those regulating the use and distribution of content on the Internet and protection of personal privacy; provided CQout promptly notifies Users in writing of such claim and promptly tenders full control of the defence and settlement if any such claim to Users at their expense.

14.0 DISPUTES BETWEEN BUYER AND SELLER:

Users understand and agree that any dispute between Users are resolved through the following four step process here…

1. attempt to settle directly with other party as with any other transaction
2. involvement of CQout AuctionMaster to adjudicate by email
3. arbitration through another independent adjudicator
4. local courts

15.0 MODIFICATION AND AMENDMENTS OF AGREEMENT:
CQout may amend these Terms & Conditions at any time and in any manner. Each use by a User reaffirms that Users' agreement to be bound and abide by the Terms & Conditions extant at that time.

16.0 TERMINATION OF AGREEMENT:
CQout may, at its sole discretion, terminate the SecurePay service to a User should that Users' conduct fail to comply with the CQout Terms & Conditions.

CQout reserves the right to modify or discontinue the SecurePay Service with or without notice to Users and CQout shall not be liable to Users or any third party should CQout exercise such rights.