1. Acceptance of Terms
Welcome to PennyWins. By accessing or using our website, mobile application, or any services provided by PennyWins (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.
We reserve the right to modify these Terms at any time. We will notify registered users of material changes via email or prominent notice on our website. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
2. Eligibility
To use PennyWins, you must:
- Be at least 18 years of age
- Be a legal resident of the United States or a jurisdiction where participation in penny auctions is legal
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Service under applicable laws
By using the Service, you represent and warrant that you meet all eligibility requirements.
3. Account Registration
3.1 Creating an Account
To participate in auctions, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
3.3 One Account Per Person
Each individual may maintain only one account. Creating multiple accounts to gain unfair advantages is strictly prohibited and will result in termination of all associated accounts and forfeiture of any bids or winnings.
4. How Penny Auctions Work
Important: Penny auctions are a form of entertainment shopping that differs significantly from traditional auctions. Please read this section carefully.
4.1 Auction Format
PennyWins operates penny auctions where:
- Each auction starts at $0.00 with a countdown timer
- Each bid placed increases the item price by $0.01
- Each bid resets the countdown timer (typically by 10-20 seconds)
- The last bidder when the timer reaches zero wins the auction
- Each bid costs a predetermined amount (bid packs are purchased in advance)
4.2 No Guarantee of Winning
Placing bids does not guarantee that you will win an auction. Bids are consumed upon placement regardless of the auction outcome. The cost of bids used is not refunded if you do not win.
4.3 Buy It Now Option
Some auctions feature a "Buy It Now" option that allows you to purchase the item at a fixed price. A portion of your spent bids may be credited toward the Buy It Now price, subject to specific auction rules.
5. Purchasing Bids
5.1 Bid Packs
Bids are purchased in packages (“Bid Packs”) at prices listed on our website. New members are required to purchase the New Member Starter Pack as their first bid pack before any other bid packs become available — see Section 6 for full details. All bid purchases are final and non-refundable except as provided in Section 7 (Satisfaction Guarantee) or as required by applicable law.
5.2 Payment Methods
We accept major credit cards and debit cards. All payments are processed securely through our payment processor. By making a purchase, you represent that you are authorized to use the payment method provided.
5.3 Promotional Bids
We may offer free or bonus bids through promotions. These promotional bids may have restrictions on use and may expire. Promotional bids have no cash value and cannot be transferred or sold.
5.4 Pricing
All prices are listed in U.S. dollars. We reserve the right to modify bid pack prices at any time without prior notice. Price changes do not affect bids already purchased.
6. New Member Starter Pack
8.1 Requirement for New Members
All new members who have never previously purchased a bid pack are required to begin with the New Member Starter Pack as their first bid purchase. The Starter Pack is a one-time introductory offer available exclusively to first-time buyers. Until the Starter Pack purchase is completed, no other bid packs may be purchased.
8.2 Starter Pack Contents and Pricing
The Starter Pack is offered at a fixed introductory price of $9.99 and includes a combination of paid bids and bonus free bids as described on the purchase page at the time of purchase. The Starter Pack may only be purchased once per account. Repeat purchases of the Starter Pack are not permitted.
8.3 Eligibility for Additional Bid Packs
Upon successful completion of the Starter Pack purchase, all standard bid packs available on the platform become accessible to the member. PennyWins reserves the right to modify the Starter Pack offer, including its price and contents, at any time without prior notice. Such changes do not affect Starter Packs already purchased.
7. New Member Satisfaction Guarantee
9.1 Overview
PennyWins offers a limited satisfaction guarantee on the New Member Starter Pack (the “Guarantee”). Subject to the eligibility conditions in this section, a member who is not satisfied with their Starter Pack purchase may request a full refund of the $9.99 purchase price.
9.2 Eligibility Conditions
To be eligible for the Guarantee, all of the following conditions must be met at the time the refund request is submitted:
- Starter Pack only. The Guarantee applies exclusively to the New Member Starter Pack ($9.99). No other bid pack is eligible for a refund under this Guarantee.
- Seven-day window. The refund request must be submitted within seven (7) calendar days of the original Starter Pack purchase date. Requests submitted after this period will not be considered.
- No subsequent bid pack purchases. The member must not have purchased any additional bid packs after the Starter Pack. If any other bid pack has been purchased — for any reason — the Guarantee is void.
- No auction wins. The member must not have won any auction. A member who has won an auction has received value from the platform and is not eligible for a refund under this Guarantee.
- One-time entitlement. The Guarantee may be exercised only once per customer, per account. It is non-transferable.
9.3 How to Request a Refund
Eligible members may submit a refund request through the Profile page of their PennyWins account, within the Satisfaction Guarantee section. Requests submitted by any other means will be directed to use the in-account process. PennyWins will not process requests submitted outside this channel.
7.4 Refund Processing
Approved refund requests are processed within five (5) business days. The refund is issued to the same payment method used for the original Starter Pack purchase. PennyWins is not responsible for delays caused by the member’s bank or payment provider. The refunded amount is the full $9.99 purchase price — no fees are deducted.
7.5 Effect of Refund on Account
Upon issuance of a refund, any unused bids from the Starter Pack remaining in the member’s account will be removed. Bids already used in auctions prior to the request will not be restored. The member’s account reverts to new-member status with respect to bid pack eligibility.
7.6 Discretion and Abuse Prevention
PennyWins reserves the right to deny any refund request that, in its sole reasonable discretion, appears fraudulent, abusive, or part of a pattern of misuse. PennyWins also reserves the right to modify or discontinue the Guarantee for future purchases at any time. Eligible requests submitted prior to any such change will be honored under the terms in effect at the time of submission.
8. Placing Bids
8.1 Bid Placement
Once a bid is placed, it cannot be canceled or refunded. Each bid placed:
- Deducts one bid from your account
- Increases the auction price by the bid increment
- Resets the auction timer
- Makes you the current high bidder
8.2 Proxy Bidding (BidBuddy)
Our automated bidding feature allows you to set a maximum number of bids to be placed automatically on your behalf. You remain responsible for all bids placed by this feature.
8.3 Technical Issues
While we strive to maintain reliable service, we are not responsible for bids that fail to register due to technical issues, internet connectivity problems, or other factors beyond our control.
9. Winning & Payment
9.1 Determining the Winner
The winner is the last bidder when the auction timer expires. Our systems determine the winner, and this determination is final.
9.2 Payment Obligation
Winning an auction creates a binding obligation to pay. Winners must complete payment within 3 days of the auction ending.
9.3 Failure to Pay
If payment is not received within the specified timeframe:
- A strike will be added to your account
- The item may be re-auctioned
- Three strikes will result in suspension of bidding privileges
- We reserve the right to pursue collection of unpaid amounts
7.4 Taxes
You are responsible for any applicable sales tax, use tax, or other taxes associated with your purchases and winnings.
10. Shipping & Delivery
10.1 Shipping Methods
Items are shipped via major carriers (USPS, UPS, FedEx) to addresses within the United States. Shipping costs, if applicable, will be displayed before checkout.
10.2 Delivery Times
Estimated delivery times are provided for convenience and are not guaranteed. We are not responsible for delays caused by carriers, weather, or other circumstances beyond our control.
10.3 Shipping Address
You are responsible for providing accurate shipping information. We are not responsible for items shipped to incorrect addresses provided by users.
10.4 Risk of Loss
Risk of loss passes to you upon delivery to the carrier. We recommend purchasing shipping insurance for high-value items.
11. Prohibited Conduct
You agree not to:
- Use automated software, bots, or scripts to place bids
- Create multiple accounts or share accounts with others
- Collude with other users to manipulate auction outcomes
- Use the Service for any illegal purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service or servers
- Harass, threaten, or abuse other users or staff
- Provide false or misleading information
- Circumvent any security measures or access controls
- Reverse engineer or attempt to extract source code
12. Account Termination
12.1 Termination by You
You may close your account at any time by contacting customer support. Unused bids are non-refundable upon account closure.
12.2 Termination by Us
We may suspend or terminate your account at any time for:
- Violation of these Terms
- Fraudulent or suspicious activity
- Failure to pay for won auctions
- Abusive behavior toward staff or users
- Any other reason at our sole discretion
12.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. Any unused bids or pending winnings may be forfeited. Provisions of these Terms that should survive termination will remain in effect.
13. Limitation of Liability
13.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNYWINS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.
11.3 Maximum Liability
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11.4 Indemnification
You agree to indemnify and hold harmless PennyWins and its officers, directors, employees, and agents from any claims arising from your use of the Service or violation of these Terms.
14. General Provisions
14.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
14.2 Dispute Resolution
Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class action lawsuits.
14.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
14.4 Entire Agreement
These Terms constitute the entire agreement between you and PennyWins regarding the Service.