Welcome to ClikkiClikki!
These Terms and Conditions, together with the Targeted Auctions Regulation, outline the rules for the use of the website of Clikkiclikki Ltd. - and of the subsidiaries of Clikkiclikki Ltd. - reachable through the web address www.clikkiclikki.com.
By accessing this website, you accept these terms and conditions. Do not continue to use ClikkiClikki if you do not agree to all the terms and conditions indicated on this page.
The following terminology applies to these Terms and Conditions, the Privacy Disclaimer, Limits of Liability, and all agreements: "Customer", "You" and "Your" are referred to You, the person accessing this website and who decides to accept the Company's terms and conditions. "The Company", "We", "We", "Our" and "We", are referred to our Company: ClikkiClikki Ltd, with registered office in Smart City Malta SCM01, Lower ground floor, Unit GR03, Kalkara - SCM1001, Malta Registration number C-94509. "Party", "Parties" or "We" is both the Customer and ourselves.
Any use of the aforementioned terminology or other words in the singular, plural, capital letters, and/or he/she is intended as interchangeable and therefore referred to as the same.
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1) Definitions
Platform: the website www.clikkiclikki.com and all the domains connected to it (hereinafter referred to simply as ClikkiClikki) managed by the owner, offers a penny auction service (hereinafter "Targeted auctions") dedicated to the sale of prestigious properties, and an online store dedicated to the sale of vouchers for the purchase of goods and services of the best international brands;
Registered user: the natural person User who, after registering, accesses ClikkiClikki and browses the platform;
Verified user: the registered user who, to be able to access targeted auctions and purchase vouchers in the store, completes his/her profile by sending his/her valid identification document (Passport or Identity Card) to ClikkiClikki, and is consequently validated by the ClikkiClikki document verification team;
Consumer: a natural person who acts for purposes unrelated to the commercial, artisanal or possibly professional entrepreneurial activity carried out;
Targeted auction: telematic auction reserved for a limited number of verified users;
Products: the real estate properties offered during the Targeted Auctions, and vouchers that can be purchased in the Online store in the manner and terms indicated;
Seller: natural and/or legal person who owns the property offered at auction;
Blue Bricks: digital tokens that users need to have to pay for the registration fee for a Targeted Auction, and to be able to bid on an auction to which they are registered. The Blue Bricks can be used for:
- Register for Targeted Auctions;
- Make bids in auctions;
- Complete the purchase of vouchers in the store if the number of Green Bricks in the user's possession is not enough.
Green Bricks: If the auction is not awarded, all the Blue Bricks spent to make the bids will be re-credited by ClikkiClikki directly into the User's wallet and will become Green Bricks. In the transition from "Blue" to "Green", the nominal value of the single token will remain unchanged. What will change is the way you use it. Green Bricks can be used for:
- Buy vouchers in the ClikkiClikki store;
- Register for a new targeted auction.
Warning: Green Bricks cannot be used to bid during auctions.
2) Applicability and Amendments to the General Conditions
The General Conditions apply to the use of the platform and its services. The user who decides to create an account and to use the services offered undertakes to abide by these general conditions. The applicability of other General Conditions and/or Regulations is excluded.
The English version of these General Conditions is the original version, any other versions are translations. In case of discrepancy between the versions of the different languages, the English language version will prevail. Any (legal) term and concept used in these General Conditions must, in any case, be interpreted by Maltese law.
ClikkiClikki may modify or supplement these General Conditions and/or the Targeted Auctions Regulations at any time by publishing the amended General Conditions on the Online Platform. If a change or integration substantially affects the rights and/or obligations of already registered Users, ClikkiClikki will inform you of these through a notice that will be automatically notified at the first access of the registered User to the platform. If the User continues to make use of our services after the modification or integration of the General Conditions and/or the Regulations, he demonstrates that he irrevocably accepts the new amended or supplemented draft. The User who does not accept the amended or supplemented General Conditions has no choice but to stop using the Service and delete his Account.
3) General aspects of the services offered
The User accepts that the services offered and the Online Platform contain only the functionalities and characteristics that the User finds when using them and that such features and/or changes may in any case be subject to changes. Regarding the services provided, ClikkiClikki expressly excludes any type of guarantee, promise, and explicit and tacit indemnity, including, without limitation to, those relating to the quality, safety, legitimacy, integrity, and correctness of the Service. The User acknowledges and accepts the special circumstances that may affect the progress and outcome of an online auction and the defects, technical or otherwise, that may occur. Mention here as an example - without limitation to - the total or partial inability to access the Online Platform, the inability to submit an offer or present it in good time, failures or defects of the Online Platform, the hardware, the network connection or software functionality to it. It is also possible that maintenance work on the online platform or the underlying system prevents or restricts access or the presentation, or timely submission of an offer. ClikkiClikki is never responsible for any damage that the User has to suffer as a result of such defects, technical or otherwise.
With particular reference to the management of real estate online auctions, ClikkiClikki only makes available the online auction development platform and additional services, for which ClikkiClikki will take care to publish on the Platform all the documentation necessary to verify the quality, safety, legitimacy or accuracy of the property offered at auction.
The Sellers authorize the publication of the goods for sale on the online Platform and the Users who are successful at the auction result will purchase the property after participating in the public transfer deed at the trusted Notary already indicated in the notice of sale. If there are justified reasons, ClikkiClikki may apply restrictions on the use of the services offered by the Platform, for example when there are sufficient reasons to believe that the User is violating these General Conditions and/or the Regulations. If ClikkiClikki decides to introduce (further) restrictions on the use of the Platform's services in some countries, it will have the right to exclude Users residing in the country to which the restrictions apply. Of course, Users will be adequately informed. In the exclusion of Users, whatever the reason, ClikkiClikki cannot be held responsible for any damage resulting from the User's inability to sell or bid on the Online Platform.
4) On the real estate object of Targeted Auction
Concerning real estate subject to online auctions, ClikkiClikki refuses any responsibility towards Users regarding the description, information, declarations, and deeds coming from the Seller. It is expressly forbidden for the Seller to violate the laws and/or regulations in force in the country where the property offered for sale is located through the use of the Platform. By way of example, the Seller is expressly prohibited from supplying material referable to other properties and/or in any case material owned by third parties, including photographs, which are not authentic; bidding on their lots with their account and/or asking others to bid to artificially inflate the price; evade taxes through the use of the Platform. The Seller, therefore, warrants that it is the legal owner of the property it offers on the Online Platform and that, by offering and selling such property, it is not violating any law or regulation, any third-party rights, and that it is not acting fraudulently in general or in any way illegal and/or fraudulent towards third parties or ClikkiClikki. The Seller is personally responsible for compliance with tax and commercial legislation in his country of residence and any other country in which the property offered for sale is active or located. ClikkiClikki will carry out regular (data) analyses to ensure that all users comply with the above rules and agreements. The Seller indemnifies ClikkiClikki for any claim presented by the Buyer or by third parties regarding the legitimacy of the sale of a real estate or in a manner related to any violation of these General Conditions for any damage and related costs. The Seller undertakes not to advertise the real estate on other sites and/or other sales channels. The Seller will remove the asset from other websites, including auction platforms, and real estate ad sites, both its own and not. The Seller is required to truthfully declare whether he intends to act as a private individual or in a professional capacity. In case of declaring to act as a professional Seller, the Seller is obliged to provide ClikkiClikki with a valid VAT identification number or, if the Seller does not have a VAT identification number, an alternative proof deemed satisfactory by ClikkiClikki to prove the fact. that the Seller uses the service provided by the platform in the exercise of a commercial, business, craft, or professional activity.
ClikkiClikki reserves the right to translate all the texts relating to the auction of a real estate so that it can be the subject of telematic auctions in other countries and the translation can also be done automatically. If the lot description is automatically translated, ClikkiClikki accepts no responsibility for any errors/inaccuracies, even if substantial, in the translation.
The properties will be visible on ClikkiClikki at least 15 days before the date set for the start of the reserved online auction, with the specification of the main features (such as square meters, year of construction, finishes, and accessories – if any). The User registered on the Platform will be able to view the photographs, any video footage, and any other useful documents present. The User registered on the Platform can book a 15-minute visit to the property by filling in the appropriate form and after checking the availability from the calendar published online. If the scheduled slots available for the visit of the property are fully booked, this cannot constitute grounds for termination of the Agreement entered into by the User with ClikkiClikki in the use of the services of the Platform.
5) Registration on the platform
To use the services offered by the Platform, the User must register and create an account by following the requested procedure, and then submit to Clikkiclikki a copy (conforming to its original) of an identification document to verify the user’s identity and validate the account. By registering on the platform and creating an account, users will be able to buy bricks and register for a Targeted Auction (further to knowing the real estate that will be auctioned, following and viewing all the attached documentation, and watching the auctions without participating in them). Registration is free and can only be done by individuals of legal age. By accepting these General Conditions, the User guarantees to be of legal age, in the light of Maltese law and according to the provisions in force in their country, if different. It is not allowed to create accounts in the name of other people, nor to provide false data. If the User provides false identity documents, modified or not valid ones, in the event of the award of the property, the user will lose the right of buying the property and will be reported to the competent Authorities. It is not allowed to log in through third-party services or other people's accounts, nor to allow others to log in on behalf of the User. The User guarantees to ClikkiClikki that the information provided to his Account is complete, truthful, and up to date. During registration, the User must provide a username and password with which to access the Account. The User is responsible for the secrecy of his username and password. The User is, therefore, in any case, responsible for the use he/she makes of the services with his/her username and password and ClikkiClikki is in no way responsible for any damage from the abuse or use of his/her username and password. ClikkiClikki has the right to assume that the User is the person who enters the site with the corresponding username and password. The User who knows or has reason to presume that a username and a password have been made available to unauthorized persons must immediately notify ClikkiClikki, which does not extinguish the User's obligation to take effective measures, including such as changing your password.
During every auction the user participates in, a random alphanumeric code - every time different - will be associated with the username in order to protect the anonymity of the users. ClikkiClikki reserves the right to suspend the account of Users who have engaged in fraudulent behaviour or have provided false information. Once the registration is completed, the platform will send the registration confirmation to the e-mail address indicated by the user.
6) Purchase and regulation of Bricks
The Blue Bricks can be purchased exclusively on the ClikkiClikki platform. They can be purchased in packages of different sizes and prices. Following the choice of the package by the User and the relative payment through the online channels provided by the site, the Blue Bricks will be automatically credited to the User's wallet visible when logging into the platform. Clikkiclikki reserves the right to change the size of the packages at its choice and/or to change the price at any time. It is understood that any changes will, in no case, affect any purchase of the bricks made before the change. Blue Brick's packages are refundable within 30 days only if no tokens from the package have been used up. The prices of the packages indicated on the site are VAT included. The Blue Bricks can be spent as long as the User is registered on the Platform.
The Blue Bricks used to raise during an auction will be re-credited, in the form of Green Bricks, to all non-successful users of the property. In the transition from "Blue" to "Green", the nominal value of the single token will remain unchanged.
The Green Bricks must be spent within 90 days, after which they will be acquired by ClikkiClikki.
The unspent Blue Bricks are acquired by the platform one year after purchase.
7) Payments
Payments can be made via PayPal, bank transfer, credit card, prepaid card, and debit card.
Attention: commissions may be applied for credit card payments. We suggest that you check this with your credit institution. The commission will be applied to the total price once the card number has been entered.
8) Regulations of Targeted Auctions
By registering for a Targeted Auction, Users will acquire the right to participate in a limited enrolment auction to try to win the property that is the subject of the auction. Upon registration for the auction, a registration fee must be paid in Blue Bricks which may vary depending on the property offered for sale and the number of expected participants. For each auction, there is a predefined and public limited number of participants (known to all Users). The auction will be held according to the terms and methods explained below provided that the required number of subscribers is reached. In case of failure to reach the expected number of participants, the auction will not be held and the Blue Bricks spent for the registration fee will be fully credited back to the user's account.
If the requested number of participants is reached, the auction will start on the day and at the time indicated on the Platform. ClikkiClikki will send a reminder for the start of the auction via e-mail to all participants who have purchased access to the Targeted Auction.
The auctions last for as long as necessary to award the property. Auctions can take place every day, including weekends and public holidays, from 8:00 to 24:00. At 24:00h, if the property has not yet been awarded, the system will pause the competition which will resume the following day at 8:00 in the morning. The time zone set by the platform to define the auction starting time and the time intervals in which the auction is active is Central European Time (abbreviated: CET, or also: UTC / GMT +1: 00).
For every auction, the bidding timer within which each bid can be made is specified in the auction information tab. Each raise resets the timer which indicates the remaining time to make another offer. The timer defined for every single auction is visible on the screen dedicated to the same and the time to make the bids is established as follows:
- for the first two days, bids can be made within a maximum time of 30 seconds;
- from the third day, bids can be made within a maximum time of 15 seconds;
- from the fourth day until the end of the auction, bids can be made within a maximum time of 5 seconds.
At each bid, the system automatically deducts the Blue Bricks needed to make the offer from the user's Bricks balance. Users have the option of choosing whether to raise in manual mode, by clicking on the "Raise" button, or by using the "AutoClikki" function, with which the user can set up the system to automate the bidding. AutoClikki allows the user to set certain parameters within which the offer is placed automatically. As an instance, the customer can choose to set: the number of raises, initial relaunch price, maximum relaunch price, number of seconds before carrying out the raise, starting and ending date and time of the auto-bidding feature, etc. The AutoClikki is deactivated upon the occurrence of the conditions set for deactivation, in the event of depletion of the Blue Bricks, at 24:00 when the auction is paused by the system if a user wins the auction.
The auction timer is represented by the countdown on the auction tab. The timer displayed is an approximation of the server clock and is generally accurate. However, due to network slowdowns and differences between Internet browsers, there may be slight differences between the displayed timer and the server clock, the only clock universally used by ClikkiClikki to regulate services. If, before the bidding timer has expired, another raise is made, additional time will be added to the online auction. The auction closes when the timer reaches zero, or the raise that caused the last timer reset is not beaten by any other raise. The user who made the last bid will be the winner.
When the timer reaches zero, the system checks in real-time that there have been no other offers when the timer expires and, as a result, a winner is declared.
An offer made is unconditional and irrevocable. The User cannot rely on typing mistakes or other faults or bugs to justify his claim.
If no bids are made, the asset will be awarded to the first subscriber.
The User who is registered in a Targeted Auction must comply with all reasonable indications and instructions applicable to an online auction. If during an online auction, situations arise that are not provided for in these General Conditions or disputes arise between Users, other accidents, or suspected cases of abuse and/or fraud, ClikkiClikki will assess the situation and take the necessary actions to resolve the matter. In this case, ClikkiClikki may also decide, at its discretion, to remove one or more offers during an auction.
Once the auction is closed, the successful bidder will receive a confirmation e-mail from ClikkiClikki containing all the information necessary for signing the transfer deed. Within 02 (two) days of receipt of the e-mail, the successful User must provide all the requested information. Within 05 (five) days of receipt of the first e-mail, you must proceed with the payment of the price and taxes communicated by bank transfer to the coordinates of the trusted Notary already indicated in the notice of sale. Once the balance of the price and taxes have been paid, ClikkiClikki will guarantee the purchase of the property only to the person who won the property. Within 30 (thirty) days from the conclusion of the auction and after payment of the price, taxes, and expenses necessary for the transfer within the prescribed period, the notarial deed of transfer of the asset will be signed by the entrusted notary indicated in the notice of sale. The successful bidder must participate personally in the notarial deed of purchase of the property or use a Special Power of Attorney.
In the event that the successful bidder fails to settle the balance of the price or the additional amounts paid within the terms specified above, he will lose the right to purchase the asset and all the Bricks used and/or any partial amount paid will remain acquired by ClikkiClikki as a penalty and costs management. In this case, ClikkiClikki will invite the second user who has made the highest bid to settle the price and additional amounts paid in the manner indicated above; in the event that the latter is also failing to settle the balance, we will proceed in the same way until the successful bidder is identified and the property is definitively transferred.
In the event of the subsequent award of the property following renunciation/non-fulfilment by the previous successful bidder, any Green Bricks that may have been re-credited to the personal account of the new bidder will be acquired again by ClikkiClikki.
In the event of occurred non-saleability of the property, the latter will be replaced with a property of equal value and category as specified in the notice of sale, without the successful bidder being able to object to anything.
9) Winning Limits
Each user can win only once every 30 (thirty) days. Once an auction has been awarded, it will not be possible for the successful bidder to participate in any auction for 30 (thirty) days from winning the previous one.
10) Testimony of the winnings
The Winning User of a Targeted Auction has to allow Clikkiclikki in making records of the winning. For this reason, ClikkiClikki will be authorized to record (by video and/or photo) all the steps following the auction until the property has been awarded.
11) Prohibition of Collusion
Any kind of collusion is strictly prohibited on ClikkiClikki. Collusion is a crime that occurs when two or more users try to obtain an unfair advantage, damaging another or more users, through a tacit or explicit agreement that modifies the natural conduct of an auction. In the event of ascertained collusion or other fraudulent behaviour or violation of the rules of these General Conditions, ClikkiClikki reserves the right to suspend the account of one or more users by acquiring the Bricks spent up to that moment. If the auction is awarded by a transgressor, the asset will be awarded by the next User in the manner already described in Article 8).
12) Account closure
The User can close his account at any time, by simple communication or by using the settings on the personal page. ClikkiClikki, for its part, reserves the right to temporarily or permanently suspend any account at its sole discretion, if it ascertains that the user has violated these General Conditions, any law, or the rights of other users or third parties. For example, the use of a third-party account or the use of offer monitoring software, and the creation of multiple accounts of the same user constitute violations of these General Conditions. Any violation of these General Conditions also authorizes ClikkiClikki to refuse, cancel or suspend any service offered with the Platform, including registration for the Targeted Auction, bids made during an auction, and access to the Store.
13) Limits of liability
ClikkiClikki is not responsible for the malfunction of telephone equipment, line, or computer/software used by users during the submission of bids in auctions, as well as for the incorrect/slow transmission of data relating to bids via telephone/network /ISP. ClikkiClikki is also not responsible for any failures, service interruptions, or tampering by third parties, with the online payment methods integrated into the platform. The use of ClikkiClikki is at the User's sole risk. ClikkiClikki cannot guarantee continuous access to the service: although it addresses all reasonable efforts to keep it uninterrupted, it cannot guarantee it and does not offer any promise or guarantee (explicit or implicit) about the availability of the services. If the auction closes irregularly, ClikkiClikki will do its best to notify the User as soon as possible that the auction has ended irregularly, undertaking to identify and correct the issue. After a technical issue, based on the error that has occurred, ClikkiClikki reserves the right to reopen the auction from the point at which it was interrupted for the correct continuation of the offers by all participating Users, or to restart the auction from the beginning, returning to users the bricks spent in the previously interrupted auction.
14) Access to the Store
The crediting of one or more Vouchers in the Store is only allowed to Verified Users who have the status of Consumers. It will be possible to use the vouchers only one at a time and it will therefore not be possible to accumulate two or more vouchers in the cart.
15) Industrial and Intellectual Property Rights
ClikkiClikki declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the Platform and/or the materials and content available on it.
These Conditions do not grant the User any license to use the Platform and/or individual Contents and/or materials available therein unless otherwise regulated. All trademarks, figurative or nominative, and all other signs, commercial names, service marks, wordmarks, commercial names, illustrations, images, and logos that appear on the Platform are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties. Any reproductions in any form of the explanatory texts and contents of the Platform, if not authorized, will be considered violations of the Owner's intellectual and industrial property right.
16) Applicable law
Maltese law will cover the validity, interpretation, and performance of this contract.
