Terms & Conditions
TAA Deals & Data
These terms and conditions are between TAA Deals & Data (“TAA”) and you only. Neither Handbid Inc., a Colorado, USA corporation (“Handbid”), Apple Inc., or Google Inc. are parties to these terms. The Service offered by TAA is intended to be used with a mobile application offered by Handbid (“MobileApp”). TAA and not Handbid, is solely responsible for the Service. If you have any issues or questions with regard to the Service, you must contact TAA. Handbid offers access and use of the MobileApp under separate terms and conditions. All transactions consummated using the Site or Service are solely between Buyer and Seller. Handbid, Inc. has the right, but not the obligation, to monitor any activity and content associated with the Site and Service.Handbid™ may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids).Handbid™ may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as Handbid™deems appropriate, including without limitation, contacting the individual using such card, cancelling bids or an offer to purchase placed by such user, and/or deactivating a Buyer’s account.
You acknowledge and agree that all data and information you provide into the Service will be delivered to Handbid, Inc. for processing in the United States, solely for the purpose of allowing TAA to provide you the Service.
Handbid Provisions.
The provisions in this section are required by Handbid Inc. You and TAA acknowledge that Handbid has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Customer is solely responsible for providing end user support for the Service. Handbid, in its sole discretion, shall update and maintain the Service. In the event of any failure of the Service to conform to any applicable warranty, you must notify TAA directly. To the maximum extent permitted by applicable law,Handbid will have no other warranty obligation whatsoever with respect to theService. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, as between Handbid and TAA, will be TAA's sole responsibility, subject to all the provisions of this Agreement.
As between TAA and Handbid, TAA, not Handbid, is responsible for addressing any claim asserted by you or a third party relating to the Service or to your possession and/or use of the Service, including, but not limited to: (i) any product liability claim; (ii) any claim that theService fails to conform to any applicable legal or regulatory requirement; and(iii) any claim arising under consumer protection or similar legislation. This Agreement will not be construed or applied so as to limit TAA's liability to you beyond what is permitted by applicable law. In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, as between TAA and Handbid, TAA, not Handbid, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.You and TAA acknowledge and agree that Handbid, and Handbid’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the provisions of this Agreement, Handbid will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party
Conditions of Purchase
Neither TAA nor any other entity, including any software or application, shall be responsible for the accuracy of the descriptions of any auction lot(s) contained in the electronic catalog or catalog addendum (if any).The descriptions incorporate, in some instances, materials or descriptions furnished by donors, and may not be complete or accurate. Prospective bidders should familiarize themselves with the terms and conditions set forth in the description of each auction lot and ask any questions prior to bidding. Any prospective bidder who bids on lots assumes sole and exclusive responsibility of such election and affirms that they are relying on their own judgment as to the value and desirability of such lots.
Any trips or events comprising all, or part of an online auction lot shall, unless otherwise specified in the electronic catalog or catalog addendum description (if any), be subject to convenient scheduling by the lot donors and the winning bidder. Any additions or modifications to travel packages, to the extent possible, shall be at the winning bidder’s sole expense. Additionally, any changes to airline bookings after ticketing will be at the winning bidder’s expense. Unless otherwise specified, winning bidders of events are expected to schedule the event to occur within twelvemonths of the auction.Winning bidders of trips and/or events are encouraged to purchase trip/event protection insurance. If any trips or events are cancelled or rescheduled, the bidder(s) assume(s) the sole risk of any cost(s) associated therewith. In no event shall there be a refund due to an unexpected cancellation or rescheduling.
All lots sold at the TAA auction are subject to applicable laws. Any property maybe withdrawn by the TAA at any time before the actual sale, without incurring any liability for such withdrawal. All lots are sold on an “as-is” basis, and neither the TAA nor any other entity make any express or implied warranty or representation of any kind or nature with respect to any property included in an auction lot.
The TAA shall have the absolute right to withdraw any online auction lot, reject any online auction bid, resolve any lot or any bid on any online auction lot at any time before the end of the online auction at 5:00 pm (EST) on Tuesday, March 28, 2023. No bid is valid unless acknowledged as such by TAA. In the case of online bids, TAA is not responsible for any internet connection related errors. No one other than the TAA is authorized to auction a lot. Online auction lots will only be auctioned once and will not be duplicated.
The highest bidder acknowledged as such by TAA and its online auction software shall be the purchaser and is subject to all of the conditions set forth herein, and thereupon assumes the risk and responsibility thereof. In the event of any dispute between bidders, the TAA shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the item in dispute. If any dispute arises after the sale, the TAA’s records shall be conclusive in all respects. In regard to split lots (i.e. when a lot is won by more than one bidder, except in the case of a married couple), the winning bidder as determined by is responsible for notifying the TAA office of all parties involved in the split and is ultimately responsible for full payment of the entire lot.
Notwithstanding the foregoing, shall be entirely responsible for any and all unpaid portions of the lot. In addition, in the event of a split lot, TAA shall not be responsible for monitoring, evaluating or validating the distribution or utilization of the goods and services won between the winning bidders. Irrespective of the distribution or utilization of the goods and services between winning bidders, for tax reporting purposes, each bidder, with whom any winning lot is split, shall bear, pro-rata, equal portions of the bid price and the value of the goods received. TAA takes no responsibility for any tax liability, which shall remain the sole and exclusive responsibility and liability of each winning bidder. Prior to acceptance of the prize, the winning bidder(s) is/are strongly advised to seek professional legal and tax advice. If the foregoing conditions and other applicable conditions are not complied with, TAA by law, has the right to hold the winning bidder liable for the bid price, and may either: (a) cancel the sale, or (b) resell the property on three days’ notice to the winning bidder; for the account and risk of the winning bidder, either publicly or privately, and in such event the winning bidder shall be liable for payment of any deficiency, all other charges due hereunder and incidental damages.
All winning bids are final and no refunds of any type or nature, or for any reason whatsoever, shall be made. Neither TAA nor its online auction software or applications shall be responsible for any delays, changes, modifications, or actions of third parties as it pertains to auctioned items. Bidders understand and affirm that by bidding, they assume the full and entire risk of any and all issues that could or may potentially arise with regard to the auctioned item(s); these include but are not limited to, delays, substitutions, changes, replacements, modifications, et cetera.
Auction Lot Pickup
Winning bidders shall contact the TAA office to coordinate pickup or delivery of any online auction lots to be distributed.
Auction Lot Shipping
Delivery and shipping arrangements including expenses and insurance are the sole responsibility of the winning bidder. All risk of loss passes to the winning bidder or his/her agent upon the earlier of: (i) winning bidder picking up the online auction item, (ii) TAA delivering the online auction item to the post office or other carrier or delivery service requested by the winning bidder, or (iii) 4:00 pm(EST) on Tuesday, March 28 2023. TAA shall have no liability, of whatever type or nature, with respect to the property purchased, or for any matters following the passing of risk of loss to the winning bidder. To the extent that TAA may have any liability, such liability shall be strictly limited to a refund of the purchase price actually paid by the winning bidder.
Tax Applicability
Winning bidders shall be required to pay all state and local retail sales or use taxes as may be applicable.
Federal Tax Information
For federal income tax purposes all payments for auction lots shall be made to the Tobacconists Association of America Ltd.; Tax Identification Number 39-6124776.
The Lots are Auctioned as Described in the Electronic Catalog
All sales are final. Items are nontransferable, nonrefundable and cannot be exchanged for cash. The winning bidder(s) of auction lots with travel to foreign countries shall be responsible for familiarizing themselves with the laws of the destination country prior to the date of departure. Further, the winning bidder(s) shall be responsible for all required passport, visa, medical fees and other costs related to any domestic or international travel, up to and including any illness prior to or during of the trip. For more information on regulations and costs associated with traveling outside of the United States, please referencehttp://travel.state.gov/.
Assumption of Risk and Indemnity
Participants understand and agree that they assume any and all risks associated with any online auction item or service for which they are the winning bidder. Winning bidders understand and acknowledge that the TAA is not responsible for any accident, cancellation, act of God, or any other injury, or damage that could result from winning bidder’s use of any of the auction items or services. Winning bidder understands the risk associated with, and fully assumes any and all risk associated with the use of any online auction items or services.
To the fullest extent permitted by law, winning bidder shall indemnify and hold harmless the TAA from and against any and all claims, damages, losses and expenses, of whatever kind, type or nature, including, but not limited to, attorneys’ fees and costs, resulting from the use of any of the items or services won at auction.
For Additional Information or Questions, Please Contact:
Tobacconists Association of America, Ltd.
P.O. Box 81152
Conyers, GA 30013
Phone: 770-597-6264
www.thetaa.org
