Effective Date: September 25, 2024

Table of Contents

1. Introduction

1.1. Agreement Overview
1.2. Acceptance of Terms
1.3. Related Policies
1.4. Contact Information

2. Definitions

2.1. Key Terms and Definitions
2.2. Interpretation

3. Platform Usage and Eligibility

3.1. Scope of Use
3.2. Core Principles and User Conduct
3.3. Eligibility Criteria
3.4. User Compliance with Australian Law
3.5. Prohibited Conduct
3.6. General User Acknowledgments and Responsibilities

4. User Registration and Account Management

4.1. Registration Requirements
4.2. Obligation to Maintain Accurate Information
4.3. Account Security and Responsibilities
4.4. Username Restrictions and Moderation
4.5. Provision of Incorrect or Misleading Information
4.6. Multiple Accounts and Fraud Prevention
4.7. Account Suspension and Termination

5. Buyer Responsibilities

5.1. Bidding Process
5.2. Binding Bids
5.3. Inspection and Verification of Items
5.4. Payment Obligations
5.5. Non-Payment Consequences
5.6. Buyer’s Responsibility to Complete Transaction
5.7. Responsibility for Transfer of Registration and Associated Fees
5.8. Due Diligence and Verification

6. Seller Responsibilities

6.1. Legal Ownership and Sale Authorisation
6.2. Item Description, Visual Media, and Disclosure Obligations
6.2.1. Item Descriptions
6.2.2. Photographs and Videos
6.2.3. Compliance with Platform Policies
6.3. Seller Agreement Prior to Listing
6.4. Seller’s Financial Obligations
6.5. Prohibition on Seller Bidding (Shill Bidding)
6.6. Amendments to Listings After Approval
6.7. Responding to Buyer Inquiries and Inspections
6.7.1. Responding to Buyer Inquiries
6.7.2. Accommodating Inspection Requests
6.7.3. Monitoring of Communication
6.8. Cancellation and Withdrawal of Listings
6.9. Seller’s Obligation for Timely Response to Transact
6.10. Prohibition on Off-Platform Transactions
6.11. Seller’s Possession of Items

7. Sales and Auction Process

7.1. Platform as a Facilitator (Not an Auctioneer)
7.2. Auction, Buy Now and Marketplace Sales Process
7.3. Our Rights to Reject Bids, Withdraw Items, and Cancel Sales
7.4. Legally Binding Transactions
7.5. Reserve Price and Auction Process
7.5.1. Reserve Price Procedures
7.5.2. Price Difference Settlement
7.6. Vendor Bids
7.7. Auto Bids
7.8. Auto Extend Process and Auction Extension
7.8.1. Auto Extend Process
7.8.2. Auction Extension
7.9. No Guarantee of Selling Price
7.10. Exchange of Details After Successful Sale
7.11. Payment of Buyer’s Premium and Exchange of Details
7.12. Insurance Recommendation for Buyers
7.13. Transition to Buy Now After Auction

8. Payments and Fees

8.1. Buyer’s Premium
8.2. Seller Fees
8.3. Payment Methods, Timing and Authorisations
8.3.1. Payment to you.bid (Buyer’s Premium and Items Sold by you.bid)
8.3.2. Payment to Sellers
8.4. Non-Refundable Fees
8.5. Non-Payment Consequences
8.6. Buyer and Seller Responsibilities for Payment
8.7. Taxes and Liabilities

9. Taxes and GST

9.1. Australian Goods and Services Tax (GST)
9.2. Responsibility for Other Taxes and Duties
9.3. International Transactions

10. Item Pickup, Delivery, and Risk

10.1. Buyer Responsibilities for Pickup and Delivery
10.2. Seller Obligations for Item Availability
10.3. Risk Transfer and Title
10.4. Utility Disconnection and Inspections
10.5. Payment, Delivery, and Non-Compliance

11. Listing Descriptions and Conditions

11.1. Accuracy of Descriptions
11.2. Limitations of Descriptions
11.3. Right to Modify or Withdraw Listings
11.4. Manufacturer’s Warranty

12. Photographs and Videos

12.1. Accuracy of Photographs and Videos
12.2. Rights to Use Photographs and Videos

13. Submitting Information to the Platform

13.1. User Responsibilities for Uploaded Content
13.2. Non-Confidentiality of Submitted Information

14. Media and Content Ownership

14.1. Ownership and Rights of Content Provided by Users
14.2. License to you.bid
14.3. Third-Party Intellectual Property Rights

15. Accuracy of Information on the Platform

15.1. General Information
15.2. No Endorsement or Verification
15.3. Third-Party Links and Resources
15.4. User Reliance on Information
15.5. Updates and Changes to Information

16. Processing and Technological Errors

16.1. Technological Errors and Downtime

17. Privacy and Data Protection

17.1. User Data Collection
17.2. Identity Verification
17.3. Storage and Use of Personal Data
17.4. Disclosure of Data to Third Parties
17.5. Compliance with Privacy Laws
17.6. Information Security
17.7. Cookies and Tracking Technologies
17.8. Third-Party Privacy Practices

18. Dispute Resolution

18.1. Buyer-Seller Dispute Process
18.2. Dispute Escalation to Mediation or Arbitration
18.3. Governing Law and Jurisdiction

19. Rights to Enforce Sale

19.1. Completion of Sales Agreement
19.2. you.bid’s Role in Enforcing Sales

20. Platform Accessibility and Availability

20.1. Service Availability
20.2. Platform Interruptions and Downtime
20.3. No Guarantee of Continuous Operation
20.4. Multi-Platform Accessibility

21. Intellectual Property and Content

21.1. Ownership of Platform Content
21.2. License to Use the Platform
21.3. Prohibition on Unauthorised Use of Intellectual Property
21.4. Feedback and Suggestions
21.5. Third-Party Intellectual Property Rights
21.6. Termination of License

22. Trademarks

22.1. Ownership of Trademarks
22.2. Restrictions on Use
22.3. Third-Party Trademarks
22.4. Violation of Trademark Rights

23. Third-Party Links and Services

23.1. Use of Third-Party Services
23.2. Liability for Third-Party Links
23.3. Third-Party Payment Providers
23.4. Linking to the Platform
23.5. Advertising and Partnerships

24. Limitation of Liability 

24.1. Platform Liability
24.2. Exclusion of Indirect Damages
24.3. Liability for User Misconduct
24.5. Postponement of Auctions or Buy Now Sales
24.6. Disclaimer of Liability for Unforeseen Issues
24.7. Disclaimer of Warranties
24.7.1. Use at Your Own Risk
24.7.2. No Warranty Provided
24.7.3. Responsibility for Downloaded Materials
24.7.4. Australian Consumer Law

25. Indemnification

25.1. Indemnity by Users
25.2. Scope of Indemnity
25.3. No Limitation of Liability
25.4. Notification of Claims
25.5. Release of Liability for Personal Information
25.6. Indemnity Regarding Transactions

26. Termination of Services

26.1. Termination by Users
26.2. Termination by you.bid
26.3. Effect of Termination on Transactions

27. Force Majeure

27.1. Events Beyond Control
27.2. Consequences of Force Majeure Events

28. Modification of Terms

28.1. Right to Modify, Amend, or Terminate
28.2. User Responsibility to Stay Informed
28.3. Enforceability of Modified Terms
28.4. Suspension or Termination of Access

29. Canceling This Agreement

29.1. Applicability
29.2. Cancellation by Users
29.3. Completion of Sale Process

30. Miscellaneous

30.1. Entire Agreement
30.2. Waiver and Severability
30.3. Assignment of Rights
30.4. Third-Party Beneficiaries
30.5. Rights Reserved
30.6. Survival of Certain Provisions
30.7. Notices and Communications
30.8. Currency and Taxation
30.9. Compliance with Export Control Laws

31. Acceptance and Acknowledgment

 

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1. Introduction

1.1 Agreement Overview

This Agreement (“Terms and Conditions”) governs your use of the you.bid online auction platform (referred to as “Platform” or “Site”). By accessing, browsing, or using the Platform, operated by “you.bid”, a trading name of Trafalgar Car Company Pty. Ltd (ABN 80 003 887 741), you agree to comply with the provisions of this Agreement, as well as any applicable laws and regulations in Australia.

If you do not agree to these Terms and Conditions, you must discontinue your use of the Platform.

1.2 Acceptance of Terms

By continuing to use the platform, including by browsing, registering for an account, participating in auctions, or purchasing items, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. This Agreement constitutes a legally binding contract between you and you.bid. The use of the Platform, including participation in auctions, buying, selling, and account management, is governed by these Terms.

If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement.

This Agreement is accessible from multiple locations on the you.bid platform, including the registration page and the footer of the website pages.

1.3 Related Policies

This Agreement incorporates the following policies, which are available on the you.bid website and are also subject to updates:

• • you.bid Privacy Policy
  • you.bid Cookie Policy
  • you.bid Refund & Returns Policy
  • you.bid Website Terms of Use

By continuing to use the Platform, you agree to comply with these policies, which form an integral part of this Agreement.

1.4 Contact Information

If you have any questions, concerns, or need assistance regarding these Terms and Conditions or the operation of the Platform, please contact you.bid at:

Webpage: https://you.bid/contact
Address: 86 Princes Hwy, Sylvania, NSW 2224, Australia

 

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them unless the context indicates otherwise:

2.1 Key Terms and Definitions

“agreement”
Refers to these Terms and Conditions, which form a binding legal contract between you (the user) and you.bid.

“auction item”
An item listed on the you.bid Platform for sale through an auction process with a specified auction closing date, where potential buyers submit bids, and the highest bid at the end of the auction wins, subject to any Reserve Price.

“auction period”
The specific duration during which an Auction Item is available for bidding, as defined in the Seller Agreement.

“Australian Consumer Law”
Refers to the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time, which governs consumer protection in Australia.

“Auto Bid” (also known as “Proxy Bid”)
A bidding system where a user sets a maximum bid amount, and the Platform automatically places incremental bids on their behalf, up to that maximum amount.  The bidder is bound by the same terms as with the manual bidding process.

“bidder”
A user who places a bid on an Auction Item or Buy Now Item during the Auction or Buy Now Period.

“Bidding Panel”
Refers to the interactive section of the you.bid Platform where users can place bids, monitor their current bidding status, and monitor auction activity in real time. The Bidding Panel displays the current bid, bid increments, time remaining, the Buyer’s Premium fees, and other specific critical auction details. Users are responsible for ensuring their bids are accurate and placed within the allotted auction time.

“Buy Now Item”
An item listed on the you.bid Platform in an auction listing with a specified auction closing date, but with a fixed price, where a buyer can immediately secure the item at the Buy Now price, which will end the auction immediately, and the bidder will become the successful winner of the auction.

“Buy Now Period”
The limited time period during which a Buy Now Item is available.

“buyer”
Any individual or entity that has registered on the Platform and is accepted to participate in auctions or Buy Now auctions by submitting bids or purchasing items directly from the Marketplace.

“Buyer’s Premium”
A fee payable by the Buyer upon the successful purchase of an Auction Item or Buy Now Item. This fee is typically calculated as a percentage of the auction’s winning bid price or Buy Now price, with a minimum Buyer’s Premium amount.  This fee is in addition to the final sale price.  The Buyer’s Premium fees may vary from category to category, and can be found within the Bidding Panel of each item’s listing page.

“checkout process”
The procedure through which a buyer completes a purchase of Marketplace Items by submitting payment through the website’s Shop system.

“content”
Any text, images, video, audio or other multimedia content, software or other information or material submitted to or existing on the you.bid website.

“dealer”
A Seller who sells items in the course of a business or trade, rather than as a private individual.

“General User”
Any person accessing or browsing the you.bid Platform, whether or not they hold a registered account.

“item”
Refers to either an Auction Item, a Buy Now Item, or a Marketplace Item listed on the you.bid Platform for auction or sale.

“listing”
Refers to the page which provides a detailed description, images, pricing, and terms of sale or auction for an item offered for sale or auction on the you.bid Platform. A Listing may include both “Auction Items”, “Buy Now Items” and “Marketplace Items.”

“Live Auction”
An auction that is currently active with open bidding and a scheduled closing time.

“Marketplace Item”
An item listed for sale at a set price on the platform’s Shop section, not subject to an auction process, and with no listing closing date.

“Platform”
The online auction platform operated by you.bid, also referred to as the “Site,” which enables Sellers to list items for auction and connects them with potential Buyers. The Platform facilitates the auction process, determining the highest bidder and ensuring the successful Buyer is legally bound to complete the purchase.

“Registered User”
Any user who has successfully registered on the you.bid Platform to act as a Watcher, Buyer, Bidder, or Seller.

“Reserve Price”
The minimum price a Seller is willing to accept for an Auction Item. If the Reserve Price is not met, the Auction Item will not be sold during the normal auction process. you.bid may facilitate a sale via negotiation between a Buyer and the Seller after the auction has ended.

“seller”
Any individual or entity registered on the you.bid Platform and accepted to list items for sale, either through auction or Buy Now.

“Seller Agreement”
The agreement between you.bid and the Seller outlining the terms of sale for an Item, including the Reserve Price (if applicable), Auction Period, Cancellation Fee, and any other relevant details. The Seller Agreement is a requirement for all items listed on the Platform.

“shop”
The section of the platform where items are listed for direct purchase at a set price rather than through auction.

“Watcher”
A Registered User who adds Auction Items or Buy Now Items to a watchlist to monitor them without actively bidding or purchasing.

“working days”
Refers to business days, defined as Monday to Friday, excluding public holidays in New South Wales, Australia.

“you” or “your”
Refers to any Buyer, Bidder, Seller, Watcher, or General User accessing, browsing, or using the Platform.

“you.bid” or “we”
Refers to the operator of the Platform, Trafalgar Car Company Pty. Ltd. (ABN 80 003 887 741), trading as “you.bid”, which provides the Platform for the facilitation of auctions and sales.

2.2 Interpretation

For the purposes of this Agreement, unless the context requires otherwise:

1. Singular terms include the plural, and plural terms include the singular.
2. References to “you,” “your,” and “user” refer to any individual or entity accessing or using the Platform.
3. Any headings or section titles are for convenience only and do not affect the interpretation of this Agreement.
4. References to “include” or “including” should be interpreted as meaning “without limitation.”
5. Any reference to “days” refers to calendar days, unless otherwise specified as “business days.”
6. In the event of any inconsistency between these Terms and Conditions and other policies referenced herein, these Terms and Conditions will prevail to the extent of the inconsistency.
7. Any use of the term “law” or “legal requirements” refers to the applicable laws of New South Wales, Australia, and any relevant regulations.

3. Platform Usage and Eligibility

3.1 Scope of Use

The you.bid Platform is designed to facilitate the buying and selling of items through online auctions and direct sales. By accessing and using the Platform, you acknowledge that you.bid acts solely as a facilitator between Buyers and Sellers and is not a party to any sale or auction agreement. Users are responsible for any and all actions taken on the Platform, including bidding, buying, selling, and submitting items for sale.

Your use of the Platform must adhere to the terms set out in this Agreement, including compliance with all applicable laws, regulations, and policies governing online auctions, sales, and consumer transactions. Any unauthorised or unlawful use of the Platform is strictly prohibited.

3.2 Core Principles and User Conduct

The you.bid platform is operated with a commitment to good will, honesty, and transparency in all transactions. Our goal is to provide a fair and ethical marketplace for both buyers and sellers. We expect all users of the platform to act in good faith and maintain the highest standards of integrity, ensuring that the marketplace remains trustworthy and reliable for all participants. Any actions that undermine these principles, including attempts to circumvent the platform’s processes or engage in dishonest conduct, will not be tolerated and may result in account suspension, termination, or legal action.

3.3 Eligibility Criteria

To use the you.bid Platform, you must:

• Be at least 18 years of age and have the legal capacity to enter into binding contracts under Australian law;
• Provide accurate, current, and complete registration information when creating an account;
• Not be prohibited from engaging in online transactions under any applicable laws or sanctions;
• Agree to comply with these Terms and Conditions, including related policies referenced herein.

By registering as a Buyer, Bidder, Seller, or Watcher, you represent and warrant that you meet the above eligibility criteria. If you are using the Platform on behalf of a company or legal entity, you represent that you have the authority to bind that entity to this Agreement.

Failure to meet the eligibility criteria or to provide accurate information during registration may result in suspension or termination of your account, and you may be barred from using the Platform.

3.4 User Compliance with Australian Law

Users of the you.bid Platform are required to comply with all applicable Australian laws and regulations, including but not limited to:

• Australian Consumer Law under the Competition and Consumer Act 2010 (Cth);
• Privacy and Data Protection Laws as defined in the Privacy Act 1988 (Cth);
• Relevant conveyancing, tenancy, and motor vehicle standards laws, where applicable.

Users must ensure that any goods or services they offer, bid on, or purchase through the Platform meet all applicable legal requirements and disclosure obligations. Sellers must comply with laws relating to the sale of goods, including the obligation to disclose liens, encumbrances, or other financial interests in the items listed for sale.

you.bid reserves the right to suspend or terminate any account or listing that violates applicable laws or regulations.

3.5 Prohibited Conduct

Users must not engage in any unlawful, fraudulent, or abusive activity, including but not limited to:

• Engaging in any act of fraud, including providing false or misleading information in listings, bids, or personal account details;
• Interfering with, disrupting, or disabling the Platform’s operations or the ability of others to use the Platform;
• Using the Platform to promote or engage in any illegal activity, including the sale of stolen or counterfeit goods, or goods that violate intellectual property rights;
• Placing bids with no genuine intention of purchasing the item, such as shill bidding or bidding on behalf of another party for improper purposes;
• Uploading or transmitting any harmful or malicious software, viruses, or other code that could damage, interfere with, or intercept the operation of the Platform or the data of other users;
• Engaging in abusive, harassing, threatening, or discriminatory behavior towards other users, you.bid staff, or third parties;
• Submitting illegal, obscene, defamatory, or offensive content;
• Infringing upon you.bid’s intellectual property rights or those of third parties;
• Using automated tools, hacks, scripts, programs, or applications designed to access data, modify or interfere with the Platform’s functionality, or interact with communications from the Platform for any purpose;
• Attempting to exploit any vulnerabilities in the Platform to gain unauthorised access to data or intellectual property;
• Negotiating or completing sales outside the Platform. Buyers and Sellers are strictly prohibited from negotiating or completing sales outside the you.bid Platform. All transactions must occur within the Platform to ensure transparency, compliance with platform policies, and to prevent avoidance of the Buyer’s Premium. Violations of this policy may result in suspension, termination of accounts, and legal action.

Any violation of these prohibited conduct rules may result in immediate account suspension, termination, or legal action. you.bid reserves the right to take any necessary steps to ensure the integrity of its Platform and protect the interests of its users.

3.6 General User Acknowledgments and Responsibilities

General Users acknowledge that for most items listed on the Platform, you.bid has not inspected, tested, or verified the quality, safety, or standard of the items, nor does you.bid have control over the truth or accuracy of the information contained within any listings or advertisements. Any information provided on this Platform, including illustrations or photographs, is for general guidance purposes only and should not be solely relied upon.

General Users acknowledge that the bid prices of Auction Items and the prices of Buy Now Items exclude the Buyer’s Premium, government and statutory charges, shipping, transport, and other related costs unless otherwise stated in the listing.

General Users acknowledge that they have not relied upon any representation made by you.bid that is not expressly stated in this Agreement or any descriptions, illustrations, or specifications contained in any promotional material produced by you.bid.

4. User Registration and Account Management

4.1 Registration Requirements

To participate as a Buyer, Seller, Bidder, or Watcher on the you.bid Platform, you are required to register for an account. The registration process requires the provision of accurate and complete personal information, including:

• Full name
• Date of birth
• Current residential or business address
• Email address
• Mobile phone number

For Buyers, Bidders, and Sellers, additional identification may be required, such as a copy of a government-issued ID (e.g., driver’s license or passport), and credit card details for payment purposes. Registration will not be complete until all required information has been submitted and verified by you.bid, and any relevant third parties.

4.2 Obligation to Maintain Accurate Information

By registering, you agree to provide accurate, complete, and current information, including contact details, payment information, and identification documentation. You are responsible for maintaining and promptly updating your account to ensure its accuracy at all times. you.bid reserves the right to refuse or reject any registration at its sole discretion and will not be responsible for any loss or inconvenience resulting from inaccurate, incomplete, or outdated information.

4.3 Account Security and Responsibilities

By registering as a Bidder, Buyer, or Seller, you agree to be bound by the terms of this Agreement, which you.bid reserves the right to amend at any time without prior notice. It is the responsibility of Registered Users to regularly review the Terms and Conditions to stay informed of any updates.

Registered Users are solely responsible for maintaining the confidentiality of their account credentials, including their username and password. Any activity conducted through the Registered User’s account, including placing bids or making purchases, is considered to have been made with the Buyer’s or Bidder’s knowledge and due diligence. you.bid is not liable for any unauthorised use of a Registered User’s account unless you.bid has been notified of a security breach in writing.

If you become aware of any unauthorised use of your account or suspect that your account credentials have been compromised, you must notify you.bid immediately. Until such notification is made and confirmed by you.bid, you remain responsible for any actions taken under your account.

It is prohibited to share your account credentials with any third party or to allow others to use your account without the express authorisation of you.bid. Any such unauthorised use may result in account suspension or termination.

4.4 Username Restrictions and Moderation

Users must not register with a username that is confusing, deceptive, inappropriate, or offensive. you.bid reserves the right to determine the suitability of usernames and may take any of the following actions at its sole discretion:

• Alter or modify a username deemed inappropriate.
• Request that a User change their username.
• Restrict a user’s ability to bid or participate in auctions based on their username.
• Take any other reasonable action regarding the management of usernames.

Users are responsible for ensuring that their chosen username complies with these standards and the overall Terms and Conditions of the Platform.

4.5 Provision of Incorrect or Misleading Information

The provision by a User of any incorrect or misleading information, whether intentionally or unintentionally, may result in the immediate cancellation of the user’s registration. you.bid reserves the right to impose an indefinite ban on the User’s access to and usage of the Platform.

Providing false or misleading information will not absolve Users of any obligations as a Bidder, Buyer, or Seller. Users remain fully responsible for any commitments or transactions made on the Platform, regardless of the accuracy of the information provided.

4.6 Multiple Accounts and Fraud Prevention

You are prohibited from holding more than one active account on the you.bid Platform without the prior written consent of you.bid. Multiple accounts created without authorisation may be flagged for suspicious activity and subject to suspension or termination.

you.bid takes fraud prevention seriously and actively monitors for fraudulent activity, including:

• The creation of multiple accounts to evade restrictions or avoid paying fees,
• Bidding on your own items or coordinating with others to place bids in order to artificially inflate prices (commonly known as “shill bidding”),
• Attempting to reopen accounts under different credentials after being banned or restricted (commonly referred to as “phoenixing”).

Any user found engaging in fraudulent activities, including the use of multiple accounts, will face immediate termination of all associated accounts and may be subject to further legal action.  The user may also be banned from registering an account on the Platform indefinitely.

4.7 Account Suspension and Termination

you.bid reserves the right to suspend, restrict, or terminate your account at any time, with or without cause, and without prior notice, under the following circumstances:

• If you violate any terms of this Agreement or engage in prohibited conduct;
• If fraudulent or suspicious activity is detected on your account;
• If you fail to provide accurate or complete information during registration or subsequently;
• If your account is linked to any form of illegal activity or law enforcement investigation;
• If you engage in conduct that is deemed harmful to the Platform or other users.

In the event of account suspension, your ability to access the Platform and any pending auctions or sales may be restricted. Termination of your account will result in the permanent closure of your account, and any ongoing bids or listings will be canceled. Any funds owed or due prior to termination must still be settled according to the terms outlined in this Agreement.

 

5. Buyer Responsibilities

5.1 Bidding Process

Buyers are solely responsible for understanding the nature of the items they bid on, especially used or second-hand goods, which may show signs of wear or be pre-owned. Before placing any bids, Buyers must thoroughly review the item description, images, and details provided to ensure the item meets their expectations in terms of condition, age, and price.

By placing a bid, the Buyer acknowledges that they have either inspected the item or chosen to proceed without an inspection, accepting the item “as is.” It is understood that descriptions and photographs provided are intended as a guide only and may not fully represent the actual condition or features of the item.

Buyers understand that items, including vehicles, may be sold through auction or Buy Now sales, where certain consumer protection laws may not apply. Sellers, whether individuals or dealers, are responsible for ensuring that listings are accurate and not misleading. This includes:

• Clearly describing any defects that affect the item’s intended use or functionality.
• Avoiding claims about features or capabilities the item does not possess.
• Noting when a vehicle is sold without a roadworthy certificate, if applicable.

Bidders and Buyers must have sufficient funds to meet their payment obligations for items they bid on or buy. Bidding or purchasing with the intent to secure financing after the auction ends or after selecting Buy Now is not acceptable. All financing must be arranged and approved before participating in any auction or purchase.

Buyers must also be aware of all applicable costs, including the final sale price, Buyer’s Premium, delivery or shipping fees, stamp duty, motor vehicle registration, and any other applicable charges.

Buy Now Items: By clicking the Buy Now price, the Buyer immediately ends the auction and becomes the successful winner of the auction item. This constitutes a legally binding contract to purchase the item at the Buy Now price, along with any associated fees (such as the Buyer’s Premium). The Buyer is then obligated to complete the transaction as they would in a standard auction setting.

For Marketplace Items, there is no bidding process. Buyers purchase the items at the set price through the Shop’s checkout system.

5.2 Binding Bids

Bids placed on the Platform are final, legally binding, and non-retractable.

Once placed, bids cannot be withdrawn or modified. All bids, including Auto Bids, are legally binding offers to purchase the item at the bid price, subject to any reserve price or minimum price set by the Seller. By placing a bid, you agree to purchase the item if you are the highest bidder at the close of the auction, subject to any reserve price set by the Seller.

Your responsibilities include:

• Financial Commitment: Ensuring you have sufficient funds to complete the purchase, including the final bid price, Buyer’s Premium, taxes, and any additional fees.
• No Bid Withdrawal: Understanding that bids cannot be withdrawn or modified once placed.
• Compliance with Terms: Adhering to all applicable terms and conditions outlined in this Agreement.

Failure to complete the transaction may result in consequences as outlined in Section 5.5 Non-Payment Consequences.

5.3 Inspection and Verification of Items

Buyers are encouraged to conduct any necessary inspections or research before placing bids or making purchases. Buyers are encouraged to independently verify the accuracy of any representations made by the seller regarding the item’s condition, features, or legal status, if this is important in your decision-making process.

you.bid strongly recommends buyers to exercise due diligence, especially for vehicles or high-value items, by reviewing any available inspection reports, arranging your own inspections, or by seeking professional advice when necessary. Buyers should also be aware that vehicles may be sold without a roadworthy certificate, and this will be clearly stated in the listing if applicable.

5.4 Payment Obligations

Auction and Buy Now items:
Upon successfully winning an Auction or completing a Buy Now transaction, payment for the Buyer’s Premium will be processed immediately after the auction closes using the Buyer’s default payment method set up in their account. For further details, please refer to Section 8. Payments and Fees. The auction’s winning bid price or Buy Now price must be paid directly to the seller within the specified time frame, generally within three (3) business days after the auction close or Buy Now transaction.  The Buyer and Seller must agree on a suitable payment method for the item.

Where specified in a listing, the Seller may require payment by credit card. In this instance, the Buyer’s credit card will receive two charges: one for the Buyer’s Premium and one for the winning bid price or Buy Now Price.

Failure to complete payment within the specified time frame may result in cancellation of the transaction, relisting of the item, or other consequences as outlined in Section 5.5 Non-Payment Consequences.

Marketplace Items:
Buyers must complete payment using the checkout system, including any applicable taxes, duties, or shipping costs. Payment must be made at the time of purchase.

5.5 Non-Payment Consequences

Failure to complete payment within the specified period constitutes a breach of this Agreement. In such cases, you.bid may take the following actions:

• Cancel the sale and relist the item.
• Charge the Buyer for any applicable fees, including administrative fees, late payment charges, or debt recovery costs.
• Pursue legal action to recover any amounts owed, including the Buyer’s Premium, associated interest, and costs incurred due to non-payment.
• Restrict the Buyer’s access to the platform or suspend their account.
• Buyers who repeatedly fail to complete transactions may be permanently banned from using the platform and may face further legal consequences.
• Non-payment may result in the Buyer’s credit card being charged for any applicable cancellation or renegotiation fees in accordance with the terms outlined in Section 8. Payments and Fees.

If the Buyer does not make full payment to the Seller within seven (7) working days of the Auction Item’s closing date, or within the timeframe agreed between the Buyer and Seller:

• The Seller, at their discretion, may cancel the sale, re-list the Item, or sell it to another registered Buyer.
• Any Buyer’s Premium paid to you.bid will remain non-refundable, and the Buyer will not be entitled to a refund of this fee under any circumstances.

Failure to complete payment may negatively impact the Buyer’s credit rating or legal standing, depending on the enforcement of legal claims for outstanding debts.

5.6 Buyer’s Responsibility to Complete Transaction

It is the Buyer’s responsibility to contact the Seller after the exchange of Buyer and Seller details by you.bid and to complete the sale transaction, including payment of the winning bid amount or Buy Now amount and pickup, within seven (7) Working Days of the Auction Item’s auction closing date, or the Buy Now Item’s sale date, unless otherwise agreed upon by both parties.

Failure to complete the transaction within the specified timeframe may result in cancellation of the sale, forfeiture of the item, and potential penalties as outlined in this Agreement.

5.7 Responsibility for Transfer of Registration and Associated Fees

The Buyer is responsible for organising and paying for the transfer of registration of purchased items where applicable (e.g., the transfer of motor vehicle registration) in accordance with state and territory laws. This includes, but is not limited to, any applicable stamp duty, transfer fees, number plate fees, late transfer surcharges, and shipping or transport costs. Additionally, the Buyer is responsible for any other fees and charges related to the transaction, including those specific to vehicles. Please note that delivery or transport is not typically included in the sale.

As registration and ownership requirements vary by state, Buyers should familiarise themselves with the registration requirements of the state or territory in which the item will be registered, if relevant.

5.8 Due Diligence and Verification

Buyers are responsible for:

• Reviewing Item Descriptions and Visual Media: Carefully examine all item descriptions, photographs, and videos provided by the Seller.
• Requesting Additional Information: Contact the Seller for more details or clarifications if needed.
• Arranging Inspections: Where possible, arrange to view or inspect the item in person or through a qualified third party.
• Assessing Risks: Accept that purchasing based on descriptions and images carries inherent risks, and that you.bid is not responsible for inaccuracies.
• Compliance with Laws: Ensure that the purchase and intended use of the item comply with all applicable laws and regulations.

By placing a bid or making a purchase, Buyers acknowledge that they have had sufficient opportunity to verify the item’s condition and accept any risks associated with relying on visual representations.

 

6. Seller Responsibilities

6.1 Legal Ownership and Sale Authorisation

Sellers must ensure that they are the legal owners of the items they list for sale on the you.bid platform or that they have the legal authority to sell the item. Sellers must warrant that the items are free from any third-party claims, liens, or encumbrances unless explicitly disclosed in the item listing. By listing an item on you.bid, the seller agrees to transfer full legal ownership of the item to the buyer upon completion of the sale, free from any claims or encumbrances.

When intending to sell, Sellers and potential Sellers must submit to you.bid details and photographs of their Item, along with any relevant proof of ownership and finance on the Item. you.bid will then consider the proposed sale Item and confirm if the Item is accepted to be listed on the Platform.

If an item is subject to any financial obligations (such as liens, loans, or outstanding finance), these must be disclosed before or at the time the item is submitted for listing, and sellers may be required to provide supporting documentation, such as a Personal Property Securities Register (PPSR) check for vehicles or loan or title documents.

6.2 Item Description, Visual Media, and Disclosure Obligations

Sellers are responsible for providing accurate, complete, and honest descriptions of their items, including all known defects or limitations that may affect the item’s value or functionality.

6.2.1 Item Descriptions

• Accurate Representation: Sellers must ensure that any representations made in their submissions, whether through text or other media, accurately reflect the true condition of the item.
• Disclosure of Defects: Sellers must disclose any known defects, damages, or issues that may impair the item’s suitability for its intended use.
• Truthful Claims: Any claims regarding the features, capabilities, or condition of an item must be truthful, and Sellers must not mislead Buyers by omitting critical information or making false claims.
• Up-to-Date Information: Sellers must update you.bid immediately if there are any changes to the condition or status of the listed item before the auction/sale ends.

6.2.2 Photographs and Videos

• Actual Item Depiction: Images and videos must depict the actual item being sold and reflect its current condition at the time of listing, unless a stock/generic image is being used, in which case, this must be disclosed.
• Highlighting Features and Defects: Visual media should clearly display important details, including any defects, damages, or wear that may affect the item’s value or functionality.
• No Misleading Alterations: Sellers must avoid using filters, enhancements, or editing techniques that alter the item’s true appearance. Visual media should not be misleading or manipulated in a way that misrepresents the item.
• Compliance with Platform Standards: Sellers must adhere to you.bid’s guidelines regarding image quality, size, format, and content.
• Watermarks or Logos of Other Websites: Images should not contain watermarks, logos, or branding from other websites or platforms.
• Personal Contact Information: Do not include phone numbers, email addresses, or any other personal contact details.
• Offensive or Inappropriate Content: Images must not contain nudity, offensive gestures, or any content that violates the Platform’s policies.

you.bid reserves the right to remove any images or videos that violate these guidelines or are deemed inappropriate.

6.2.3 Compliance with Platform Policies

• Adherence to Guidelines: Sellers must comply with all you.bid policies and guidelines related to item listings and content standards.
• Exclusive Listing Obligation: Once an item has been confirmed for listing by you.bid, as indicated by the receipt of the Seller Agreement signed by the Seller, the Seller is committed to listing that item exclusively with you.bid for the duration of the Auction Period and/or Buy Now Period. During this time, the Seller agrees not to sell the item through any other platform, marketplace, or means unless agreed in writing with you.bid.

6.3 Seller Agreement Prior to Listing

Prior to listing an Item for sale, the Seller must digitally sign and submit the Seller Agreement. This agreement includes essential details of the Item to be sold, such as:

• the parties involved (the Seller and you.bid) in the Agreement,
• a description of the Item,
• the agreed Reserve Price (if applicable),
• the Auction schedule,
• the Buy Now Schedule,
• any applicable fees.

The Seller Agreement formalises the Seller’s commitment to these terms and the conditions of sale, ensuring the listing is accurate and complies with you.bid’s platform standards.

6.4 Seller’s Financial Obligations

Sellers are required to settle any outstanding financial obligations associated with the item prior to submitting the details to us for listing. This includes ensuring that any loans, liens, or other encumbrances are fully discharged or clearly disclosed to us. For vehicles, this may involve providing a Personal Property Securities Register (PPSR) check to verify that the vehicle is not subject to any unpaid finance or encumbrances.

We perform our due diligence to check for any security interests registered against the asset by using services such as the PPSR. If any security interests are identified during our checks, these will be clearly disclosed in the listing. However, it is the seller’s responsibility to ensure that these interests are resolved or communicated to us at the time of listing.

Sellers who fail to disclose such obligations may be held liable for any legal or financial consequences that arise from the sale. We reserve the right to remove listings or take further action if any undisclosed security interests are found during or after the sale process.

6.5 Prohibition on Seller Bidding (Shill Bidding)

Sellers are strictly prohibited from bidding on their own items or instructing others to bid on their behalf (a practice known as “shill bidding”). This includes any attempt to artificially inflate the price, create false competition, or manipulate the auction process in any way. If it is discovered that a Seller, or someone on their behalf, has engaged in shill bidding or becomes the successful bidder on their own item, whether directly or through a third party:

• Buyer Notification: The Buyer will be notified and given the option to withdraw from the transaction at no expense.
• Seller Liability: The Seller will be responsible for covering all costs incurred by you.bid, including the Buyer’s Premium.
• Account Suspension/Termination: The Seller’s account may be suspended or permanently terminated from the you.bid Platform.
• Legal Action: The Seller may face additional legal action for fraudulent conduct or other criminal offenses.

6.6 Amendments to Listings After Approval

If a Seller becomes aware of any inaccuracies, omissions, or changes in the information provided in the listing after approving the draft, the Seller must promptly notify you.bid in writing as soon as the issue is identified. you.bid will make reasonable efforts to update the listing in the most appropriate manner, taking into account the Seller’s requests while ensuring compliance with platform standards.

• Corrections by you.bid: you.bid reserves the right to make corrections to minor errors, such as typographical mistakes, at its discretion.
• Significant Amendments: For more significant errors or inaccuracies, you.bid will provide notice to the Seller and amend the description, either verbally or in writing, before or during the Auction Period and/or Buy Now Period.

The Seller is responsible for promptly ensuring that any corrections or updates to the listing are addressed to avoid potential disputes or the dissemination of misleading information to Buyers.

6.7 Responding to Buyer Inquiries and Inspections

6.7.1 Responding to Buyer Inquiries

Timely Communication: If a potential Buyer makes an inquiry regarding a Seller’s item, the Seller must make every reasonable effort to provide the requested information in a timely manner.

No Automated Responses: Sellers are prohibited from using any automated tools, programs, or applications to generate responses on their behalf, unless such tools are officially provided as part of the you.bid Platform.

6.7.2 Accommodating Inspection Requests

Reasonable Efforts: If a potential Buyer requests to inspect the Seller’s item before making a purchase, the Seller must make reasonable efforts to accommodate such a request.

Costs of Inspection: Any costs associated with the inspection will be borne by the potential Buyer, unless otherwise agreed between the Buyer and Seller.

No Liability for Inspections: you.bid is not responsible for any losses, costs, or damages that arise from the inspection process or from any denial or failure to conduct an inspection.

6.7.3 Monitoring of Communication

Compliance Monitoring: you.bid monitors all communications between Sellers and potential Buyers conducted via the Platform to ensure compliance with these Terms and Conditions and to safeguard the transparency and integrity of the transaction process.

6.8 Cancellation and Withdrawal of Listings

Once an item is accepted as an Auction Item or a Buy Now Item for sale on the you.bid Platform, and the Seller has submitted the signed Seller Agreement, the Seller is generally not permitted to cancel or withdraw the listing before the end of the Auction Period or the Buy Now Period, and a Cancellation Fee may apply, see Section 8.2 Seller Fees regarding Cancellation Fees.

These terms will be reflected in the Seller Agreement. Sellers who request to cancel their listings or fail to complete transactions may also be subject to account suspension or other legal actions as per this Agreement.

6.9 Seller’s Obligation for Timely Response to Transact

Prompt Communication: It is the Seller’s responsibility to respond promptly to the Buyer to facilitate the completion of the sale transaction.

Assisting Buyer Obligations: This includes assisting the Buyer in meeting their obligations to complete payment and arrange pickup or delivery of the item within seven (7) Working Days of the closing date for Auction or Buy Now Items.

Extensions: Extensions to the sale process are permitted only if mutually agreed upon by both the Buyer and Seller.

Consequences of Delay: Sellers who fail to communicate in a timely manner may face penalties, including cancellation of the sale or account suspension.

6.10 Prohibition on Off-Platform Transactions

Sellers are strictly prohibited from engaging in any activity designed to complete or facilitate a transaction for the sale of an item outside of the you.bid Platform, such as:

• Exchange of Contact Information: if a Seller offers or requests contact information from a Buyer, or if a sale is concluded outside of the Platform for any item listed on you.bid, the Seller is required to pay the Buyer’s Premium as defined in Section 8.1 Buyer’s Premium,

• Undermining Platform Integrity: Any attempt to circumvent the Platform in this manner undermines the integrity of the platform,

Such actions may result in account suspension, termination, or legal action as determined by you.bid.

6.11 Seller’s Possession of Items

Item Safekeeping: All Auction Items and Buy Now Items listed on the Platform remain in the possession of the Seller for safekeeping until they are sold, paid for, and collected by the Buyer or their authorised agent.

Maintaining Item Condition: The Seller is responsible for ensuring that the items remain in the condition described in the listing throughout the Auction Period and/or Buy Now Period, and until the item leaves the Seller’s possession.

Exceptional Circumstances: In exceptional circumstances, where the items cannot be held at the Seller’s premises, the Seller may request that the items reside at you.bid’s premises during the Auction Period and/or Buy Now Period. Any such arrangement is subject to approval by you.bid, and storage charges may apply. The Seller will be responsible for coordinating delivery of the items to you.bid’s premises and for any associated costs.

 

7. Sales and Auction Process

7.1 Platform as a Facilitator (Not an Auctioneer)

The you.bid Platform serves solely as a facilitator for transactions between Buyers and Sellers, as you.bid is not an auctioneer. Instead, the Platform provides an online marketplace where Sellers can submit items for auction or direct sale through Buy Now options. you.bid does not act as an agent for either the Buyer or Seller and is not involved in the contracting process between the parties.

All sales and auctions are conducted independently between the Buyer and Seller, with the Platform facilitating communication, bidding, and payment processing where necessary

you.bid does not generally hold title to Items, inspect any Item, or have any Item in its legal possession, unless under specific circumstances where items are held for sale on behalf of the Seller, or if the items are owned and being offered for auction/sale by you.bid, in which case this will be stated in the listing.

By using the Platform, both Buyers and Sellers agree that you.bid holds no liability for the performance or completion of any transaction and is not responsible for the accuracy of the item descriptions, the condition of the items, or the actions of either party during or after the auction or sale.

7.2 Auction, Buy Now and Marketplace Sales Process

Items listed on the Platform may be sold through three primary methods:

1. Auction:

Buyers place bids on Auction Items during a specified Auction Period. The highest bid at the close of the Auction Period, provided it meets or exceeds the Reserve Price (if any), is considered the winning bid. The Buyer must then complete the purchase as outlined in these Terms and Conditions.

2. Buy Now:

Buyers may purchase items listed with a fixed Buy Now price immediately, without engaging in the normal auction process where they would bid against other bidders. Like auctions, Buy Now items are listed for a period of time with a closing date.  Once the Buy Now period has ended, the item may no longer be available for purchase. Once a Buyer completes the Buy Now option, the sale is finalised, the Buyer is charged the Buyer’s Premium and the Buyer is obligated to complete payment for the item.

If, for any reason, the Seller’s details are not made available by you.bid to the Buyer after a successful auction or Buy Now purchase, it is the Buyer’s responsibility to promptly notify you.bid.

Once the Buyer’s Premium has been successfully charged and the transaction is confirmed, the Platform will automatically exchange contact details between the Buyer and the Seller. This includes the full name, email address, and phone number of both parties.

The Buyer and Seller are responsible for finalising the sale directly, including arranging payment for the item (if applicable) and coordinating pickup or delivery.

you.bid is not responsible for the security or accuracy of the exchanged details and does not mediate between the Buyer and Seller beyond this point.

3. Marketplace:

Buyers can purchase these items at the set price, directly through the Shop by completing the checkout process.

All of the above processes are governed by the terms outlined in this Agreement, including the requirement for timely payment and adherence to any conditions specified by the Seller.

7.3 Our Rights to Reject Bids, Withdraw Items, and Cancel Sales

you.bid reserves the right to reject any bid, withdraw any Auction Item from the auction, or cancel the auction or Buy Now sale at any time, without the obligation to provide any reason for exercising this right of withdrawal or cancellation.

If the rejection of a bid, withdrawal of an Auction Item, or cancellation of an auction or Buy Now sale by you.bid is due to an error or omission of a Buyer or Seller, you.bid may, at its sole discretion, charge the Buyer or Seller the Buyer’s Premium as calculated in Section 8.1 Buyer’s Premium.

7.4 Legally Binding Transactions

When a Buyer places a winning bid on an Auction Item or selects the Buy Now option for an item, a legally binding contract is formed between the Buyer and Seller. This contract obligates the Buyer to pay for the item at the final bid price or Buy Now price, and obligates the Seller to transfer ownership of the item to the Buyer.

At the conclusion of bidding on an Auction Item where the Item has a winning bid, or on the purchase of a Buy Now Item, the bid price or Buy Now price is final, and no negotiations on price will be entered into between the Buyer and Seller. The Buyer agrees to and must pay the Seller that winning bid price or Buy Now price.

All transactions are final, and no cooling-off period applies. Bids and purchases cannot be retracted once placed or confirmed.

Failure to comply with the terms of this Agreement, including non-payment by the Buyer or failure to deliver by the Seller, may result in legal action, penalties, and account suspension.

Buyers and Sellers are encouraged to fully review item details, payment terms, and any other conditions before placing bids or finalising purchases, as both parties are bound by the terms of the transaction.

Purchases of Marketplace Items are considered legally binding upon completing the checkout process. Once payment has been successfully processed, the buyer is obligated to complete the purchase, and the seller must fulfill the order.

7.5 Reserve Price and Auction Process

Sellers may choose to list their Item with or without a Reserve Price. If a Reserve Price is chosen, it must be agreed upon with you.bid and will be included in the Seller Agreement. Once the Reserve Price is agreed upon, the Seller may reduce or withdraw the Reserve Price at any time, by contacting you.bid. The Seller acknowledges that it may take up to 24 hours for the update to be processed and reflected on the Platform.

If a Reserve Price is not met by the close of auction, you.bid will endeavor to negotiate a sale with the highest bidder or underbidder. The seller must not engage in any direct negotiation outside the you.bid platform to avoid platform fees or the Buyer’s Premium.

7.5.1 Reserve Price Procedures

Visibility of the Reserve Price:
Some Auction Items will have a Reserve Price set by the Seller. Whether a Reserve Price exists and whether it has been met will not be disclosed to Bidders until the end of the auction.

Outcome of Reserve Price Auctions:

• If there is no Reserve Price, or if the Reserve Price has been met during the auction, the highest Bidder at the end of the auction will be the winning Bidder.
• If a Reserve Price is set and has not been reached by the end of the auction, the highest Bidder is not considered the winning Bidder. However, this highest Bidder will have first priority in negotiations with the Seller after the close of auction, facilitated by you.bid.

Seller’s Response to Unmet Reserve Price:
If the Reserve Price is not met by the end of the auction, the final bid price will be referred to the Seller, who may accept or reject the bid.

Negotiation Process for Unmet Reserve Price:
If the Seller rejects the auction’s final bid price, the highest Bidder will have an opportunity to submit a counter offer, with you.bid facilitating further negotiations between the Bidder and Seller. If these negotiations do not result in a sale, you.bid may contact under-bidders, in order of their highest bids, to attempt to negotiate a sale on behalf of the Seller.

Payment of the Buyer’s Premium:
In cases where a sale is successfully negotiated with either the highest Bidder or an under bidder after the auction, the Buyer is still obligated to pay the Buyer’s Premium based on the final agreed price.

7.5.2 Price Difference Settlement

Discretionary Payment of Price Difference Settlement:
In certain instances where the highest bid on an Auction Item does not meet the Reserve Price, you.bid may, at its sole discretion, choose to cover the difference between the final bid price and the Reserve Price (“Price Difference Settlement”, also known as the “Shortfall”) to facilitate the sale. This decision is made on a case-by-case basis and does not create an obligation for you.bid to provide such a payment for any specific auction or transaction.

Written Confirmation of Price Difference Settlement:
If you.bid decides to cover the Price Difference Settlement, written confirmation will be provided to the Seller, specifying the amount and the terms of the settlement. The payment of the Price Difference Settlement will occur within 14 days after the completion of the transaction between the Buyer and Seller, provided that:

1. The Seller provides you.bid with valid proof of receipt of full payment from the Buyer; and
2. The Buyer has completed all necessary payments, including the final bid price and any other applicable fees.

Proof of Payment from the Buyer:
The Seller must provide valid proof of receipt of payment from the Buyer (e.g., bank transfer receipt, paid invoice, or similar documentation) before the Price Difference Settlement is paid. Without this proof, you.bid reserves the right to withhold the settlement payment.

Release of the Auction Item:
The Seller agrees to release the Auction Item to the Buyer upon payment of the Buyer’s final winning price. Failure to release the item in a timely manner may result in cancellation of the Price Difference Settlement.

Non-Liability for Non-Payment:
If the Buyer fails to pay the Seller, you.bid is not responsible for ensuring the completion of the payment and will not provide the Price Difference Settlement unless valid proof of payment is received from the Seller, and that the Buyer’s Premium has been paid in full by the Buyer.

No Obligation to Pay Price Difference Settlement:
you.bid reserves the right to withdraw its offer to cover the Price Difference Settlement at any time before the payment is made, without liability, if any conditions are not met or if the transaction does not proceed as intended.

7.6 Vendor Bids

you.bid reserves the right to place a single vendor bid on behalf of the Seller if a Reserve Price is set and the bidding is below the Reserve Price. A vendor bid will only be placed in strict compliance with applicable legal regulations.

7.7 Auto Bids

Buyers may use the Auto Bid (also known as “Proxy Bid”) feature, allowing the system to automatically place bids on their behalf up to a predetermined maximum amount. This feature ensures that Buyers do not need to monitor the auction continuously and can still participate competitively. Auto Bids will be placed incrementally, following the current highest bid, until the Buyer’s maximum is reached or the auction ends.

7.8 Auto Extend Process and Auction Extension

7.8.1 Auto Extend Process

Auctions on the you.bid Platform close at a specified time as set by you.bid. However, to prevent “last-second bidding” or “sniping,” the Platform utilises an Auto Extend Process to ensure that all Bidders have sufficient time to place bids before the auction ends. If a bid is submitted within ten (10) minutes of the scheduled closing time, the bidding time will automatically extend by an additional ten (10) minutes from the time the last bid was placed. This Auto Extend period will continue to reset with each new bid placed within the final 10 minutes, allowing all interested Buyers a fair opportunity to submit bids.

The auction will officially close when no bids are placed within the final 10 minutes of the last extension. This process ensures fairness and transparency for all participants, providing Buyers time to place considered bids while reducing the impact of last-minute strategies or “sniping.”

Please note that this Auto Extend Process may occasionally vary by a few seconds due to circumstances beyond our control. you.bid accepts no responsibility for any issues arising from minor variations in the timing of the Auto Extend functionality.

7.8.2 Auction Extension

In the event of delays, interruptions, or errors affecting a Live Auction, you.bid reserves the right to extend the auction for any period deemed appropriate and to continue offering the relevant Auction Item for sale. This decision is made at you.bid’s sole discretion in the best interest of both Buyers and the Seller. If the highest bidder in the original Live Auction has already paid the Buyer’s Premium, you.bid will refund that Buyer’s Premium in the event of an extension. All bids remain active during an extended auction, and Bidders cannot withdraw their bids.

7.9 No Guarantee of Selling Price

you.bid makes no warranty or representation as to the anticipated or likely selling price of any Item. Any estimate provided, whether written or oral, regarding the estimated selling price of any Item is a statement of opinion only and is subject to revision at you.bid’s sole discretion. Such estimates should not be relied upon as an indication of the actual selling price, which may vary depending on market conditions and other factors beyond you.bid’s control.

7.10 Exchange of Details After Successful Sale

After a successful sale and payment of the Buyer’s Premium, you.bid facilitates the digital exchange of Buyer and Seller contact details to enable the completion of the sale transaction directly between the parties. The Buyer is responsible for paying the Seller directly and arranging for the pickup of the Item. Any associated costs, such as pickup and delivery by a third party, are the sole responsibility of the Buyer unless otherwise agreed upon with the Seller.

Both the Buyer and Seller authorise you.bid to exchange their contact details, including full names, email addresses, and phone numbers, for the sole purpose of completing the transaction. you.bid disclaims any liability for unforeseen actions that may arise from the exchange of these details, as this interaction is handled independently between the Buyer and Seller.

7.11 Payment of Buyer’s Premium and Exchange of Details

In the event that the automatic payment of the Buyer’s Premium fails, you.bid may attempt to try charging the payment method again.  If this is still unsuccessful, you.bid will contact the Buyer to process the payment manually. If payment of the Buyer’s Premium is not completed, or if you.bid is unable to contact the Buyer within forty-eight (48) hours (or such extended period as you.bid allows) after the auction or Buy Now sale ends, the exchange of details will not take place. In such cases:

1. The Buyer remains liable to you.bid for the Buyer’s Premium, or;
2. you.bid may contact the underbidder to attempt to negotiate a sale of the Item.

7.12 Insurance Recommendation for Buyers

Between making payment and receiving the item, especially for high-value items such as vehicles, you.bid strongly encourages Buyers to obtain comprehensive insurance of appropriate value. This insurance should cover all risks of damage, injury, or loss to themselves and third parties, as well as the replacement of the item.

7.13 Transition to Buy Now After Auction

In the event that an Auction Item fails to sell during the Auction Period, it may be made available for sale on a Buy Now basis. In such cases, a new Buy Now Period will apply following the conclusion of the Auction Period. During this Buy Now Period, the Seller is prohibited from cancelling or withdrawing the item without incurring the Buyer’s Premium, as stipulated in the Seller Agreement.

The duration of both the Auction Period and the Buy Now Period will be defined in the Seller Agreement, agreed upon prior to listing the item.

 

8. Payments and Fees

8.1 Buyer’s Premium

Buyers are required to pay a Buyer’s Premium on top of the final winning bid or Buy Now price. The Buyer’s Premium is a non-refundable fee charged for the administration costs of using the you.bid Platform. It is not a deposit on the purchase price nor part of the purchase price. The exact amount of the Buyer’s Premium is either flat fee or a percentage of the final winning price or Buy Now price, and this will be clearly stated in the item listing and is automatically charged when the auction ends or the Buy Now option is selected. The percentage used for calculating the Buyer’s Premium varies based on the product category.

The Buyer’s Premium does not include any transport, on-road costs, stamp duty, registration, or other costs associated with purchasing the item.

The Buyer’s Premium is an essential part of the Agreement, and no refunds will be provided under any circumstances, including in the event of a cancelled sale due to the Buyer’s or Seller’s default.

Upon the successful purchase of an item, you.bid automatically charges the Buyer’s Premium to the Buyer’s registered payment method. If the Buyer fails to complete the transaction, the Buyer remains liable for the Buyer’s Premium.

In addition to paying you.bid the Buyer’s Premium, the Buyer must pay the Seller the full final bid price or Buy Now price of the Item. The Buyer is also responsible for any applicable stamp duty, fees, charges, shipping, or transport costs.

8.2 Seller Fees

While Sellers may list and sell items for free, certain fees may apply depending on the transaction and the Seller’s actions. These include:

• Premium Service Fees: Charges for specific services, such as premium listing features or transaction handling, which may be offered to the Seller prior to listing.
• Cancellation Fees: A fee may apply if the Seller:
  • Requests to cancel or withdraw a listing after the Seller Agreement has been signed,
  • Reneges on the sale after a successful auction, or
  • Fails to complete the transaction with the Buyer, through no fault of the Buyer or you.bid.

The Cancellation Fee structure is detailed on the Fees page (https://you.bid/fees/).

For items with no Reserve Price set, the cancellation fee may be determined based on:

• Estimated Auction Price: A fee based on an estimated auction or Buy Now price, agreed upon with the Seller, with a Buyer’s Premium charged on that amount, or;
• Reasonable Estimation by you.bid: If no estimated price is agreed upon, you.bid will reasonably estimate the sale value, and the Buyer’s Premium will be calculated based on this estimation, or;
• Flat Fee: Alternatively, a flat cancellation fee (e.g., $660 AUD inc. GST) may be charged.

In all cases, the Cancellation Fee will be clearly defined in the Seller Agreement.

If a Cancellation Fee applies, the Seller will be responsible for covering the cost of these fees, which may be charged to the Seller’s payment method.

8.3 Payment Methods, Timing and Authorisations

8.3.1 Payment to you.bid (Buyer’s Premium and Items Sold by you.bid):

you.bid is authorised to automatically charge the Buyer’s card for the Buyer’s Premium and other associated costs at the conclusion of an auction or Buy Now transaction. All payments to you.bid are processed via secure third-party payment providers.

In the event of a failed credit card payment, you.bid reserves the right to retry the charge. If payment still cannot be acquired, the Buyer is required to pay the Buyer’s Premium to you.bid within three (3) business days of the auction or Buy Now item closing. Payment methods accepted by you.bid include:

• Credit cards
• Bank transfers
• Any other payment methods supported by the you.bid platform.

If the Buyer’s Premium exceeds the Buyer’s credit limit and the payment fails, the Buyer is required to use an alternative payment method for the remaining balance. Buyers will be notified in such cases and must comply with any additional payment requirements.

If the payment cannot be processed, the transaction may be canceled, and the Buyer’s account may be subject to suspension.

For Auction and Buy Now Items, all payments made through the you.bid Platform are processed via secure third-party payment providers. Buyers authorise you.bid to charge the payment method they have on file for the Buyer’s Premium, including any applicable fees.

For Marketplace Items, buyers must complete payment through the Shop’s checkout system at the time of purchase. Payment methods may include credit/debit cards or any other accepted methods listed at checkout.

8.3.2 Payment to Sellers

Buyers are required to pay the full winning bid price or Buy Now price directly to the Seller within three (3) business days of the auction or Buy Now item closing. The Seller must confirm receipt of payment before transferring ownership or dispatching the item.

The method of payment is ultimately a mutual agreement between the Buyer and Seller. Sellers may offer a range of payment methods for Buyers, depending on the nature of the transaction.

8.4 Non-Refundable Fees

All fees charged by you.bid, including but not limited to the Buyer’s Premium, Seller fees, cancellation fees, and listing service fees, are non-refundable. This applies regardless of the outcome of the transaction, unless otherwise agreed in writing or required by applicable law.

Fees will not be refunded under circumstances such as:

• A cancelled sale due to the Buyer’s or Seller’s default.
• Withdrawal of a listing by the Seller.
• Non-payment by the Buyer, resulting in the relisting of the item or cancellation of the sale.

Buyers and Sellers are responsible for fully understanding their obligations under this section before engaging in any transactions on the Platform.

8.5 Non-Payment Consequences

If the Buyer’s Premium is not received by you.bid from the Buyer or Seller, as applicable, you.bid may charge interest on any balance outstanding at the rate of 5% per year above the Reserve Bank of Australia’s benchmark interest rate.

Non-payment of the Buyer’s Premium may result in the cancellation of the sale, the relisting of the item, account suspension, or legal action to recover any outstanding fees.

8.6 Buyer and Seller Responsibilities for Payment

It is the responsibility of both the Buyer and Seller to ensure they have sufficient funds available for the payment of the Buyer’s Premium and any other fees. If payment is declined for any reason, you.bid reserves the right to cancel the sale or bid.

If the highest bid does not meet the Reserve Price, the highest Bidder will not be charged a Buyer’s Premium as the Auction Item did not sell. However, if a price is agreed upon after the auction closes through negotiation, the Buyer’s Premium will be charged, based on the negotiated price, as if the sale occurred during the Auction Period.

8.7 Taxes and Liabilities

you.bid is not responsible for any tax liabilities incurred by Sellers or Buyers as a result of the sales process. Sellers and Buyers are responsible for ensuring compliance with any applicable tax obligations, including income tax, capital gains tax, or other relevant charges.

9. Taxes and GST

9.1 Australian Goods and Services Tax (GST)

GST for Australian Sellers: All Sellers registered for Goods and Services Tax (GST) in Australia must include GST in the final sale price of any item listed on the Platform. This applies to auction, Buy Now, and Marketplace sales.

GST on Buyer’s Premium: The Buyer’s Premium charged by you.bid is subject to GST. This GST component is included in the Buyer’s Premium fee and collected as part of the total payment at the time of the transaction.

GST Compliance: Sellers are responsible for ensuring compliance with all Australian tax laws, including but not limited to issuing valid tax invoices to Buyers where required under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). you.bid will not be responsible for the collection or remittance of GST on behalf of the Seller.

GST Applicability Disclosure: All items listed on the Platform will clearly specify whether GST is applicable to the sale. This disclosure ensures that Buyers are aware if GST is included in the final bid price or if it needs to be added. Sellers must indicate the GST status in their item submissions, ensuring transparency and compliance with Australian tax regulations.

• GST Included: Items where GST is applicable will state that the final bid price includes GST.
• GST Not Applicable: Items exempt from GST or sold by Sellers who are not registered for GST will indicate that GST is not included in the final bid price.

9.2 Responsibility for Other Taxes and Duties

Buyer Responsibility: Buyers are responsible for any additional taxes, including but not limited to import duties, customs taxes, or other fees related to the importation of goods purchased through the Platform. Buyers must be aware of their legal obligations regarding the importation of items, especially when purchasing from international Sellers (if applicable).

Seller Responsibility: Sellers are responsible for any other taxes, including but not limited to income tax, capital gains tax, or state and territory taxes that may apply to the sale of items on the Platform. Sellers must ensure compliance with relevant tax obligations when listing and selling items through you.bid.

No Withholding: you.bid is not responsible for withholding any tax on behalf of Sellers or Buyers. All parties must independently ensure their compliance with tax regulations.

9.3 International Transactions

GST on Overseas Sales (where applicable): When a Seller located outside of Australia sells an item to a Buyer located within Australia, GST may still apply to both the item and the Buyer’s Premium. The Seller is responsible for determining whether GST applies to the sale and must include any applicable taxes in the listed price.  Item locations are always displayed in the Bidding Panel within the product listing.

Export Sales: For items sold by Australian Sellers who are registered for GST to Buyers located outside of Australia, the transaction may qualify for a GST exemption as an export sale. It is the Seller’s responsibility to ensure that they meet all conditions required for a GST-free sale, including appropriate documentation for exporting the item.

Cross-Border Taxes and Duties: International Buyers are responsible for any taxes, duties, or import fees imposed by their local customs authorities. you.bid is not liable for any customs delays, fees, or compliance issues that arise in cross-border transactions. Buyers are encouraged to familiarise themselves with the import regulations in their country before making a purchase.

 

10. Item Pickup, Delivery, and Risk

10.1 Buyer Responsibilities for Pickup and Delivery

It is the Buyer’s responsibility to arrange for the pickup or delivery of any item they have successfully purchased through the you.bid platform, unless the item is subject to Free Postage or Free Delivery included as part of the sale. Once the sale has been completed, the Buyer must contact the Seller to coordinate a suitable time and location for pickup or delivery within the agreed-upon timeframe, typically within seven (7) working days of the auction closing or the Buy Now sale being completed, unless both parties agree to an alternative arrangement.

The Buyer is responsible for covering any costs associated with the removal, collection, or delivery of the item, including but not limited to shipping, transportation, and any additional handling fees. For items that require special handling or transportation (such as vehicles or large machinery), the Buyer must ensure that all necessary arrangements are made with qualified professionals to facilitate the safe and compliant removal of the item.

Buyers of Marketplace Items must arrange for delivery or pickup of items as outlined in the item listing, unless the item is subject to Free Postage or Free Delivery included as part of the sale. For Marketplace Items, shipping options may be provided through the checkout process, and the Buyer is responsible for selecting and paying for any delivery services, unless otherwise specified.

Failure to arrange timely pickup or delivery may result in storage fees, cancellation of the sale, or other penalties as determined by you.bid.

10.2 Seller Obligations for Item Availability

Sellers must ensure that the item being sold is available for pickup or delivery upon completion of the sale. The Seller must provide clear and accurate instructions for the Buyer regarding how and where the item can be collected. In cases where the item is located in a remote or restricted area, the Seller must notify the Buyer of any special arrangements that need to be made for access.

The Seller is responsible for ensuring that the item remains in the same condition as described in the listing until the item leaves the Seller’s possession. If the condition of the item changes after the sale but before delivery or pickup, the Seller must immediately notify the Buyer and you.bid to arrange an appropriate resolution.

All items listed for sale on the platform are to be kept in the Seller’s possession for safekeeping until sold, fully paid for, and collected by or dispatched to the Buyer.

10.3 Risk Transfer and Title

Risk in the item, including the risk of damage, loss, or destruction, passes from the Seller to the Buyer once the item has been collected by the Buyer or their authorised agent, or when the item has been dispatched for delivery. Title and legal ownership of the item will not pass to the Buyer until the Seller has received full payment in cleared funds, including any applicable fees, taxes, or charges related to the sale.

Sellers are advised to retain ownership of the item and assume responsibility for its care until payment has been fully cleared and confirmed.

10.4 Utility Disconnection and Inspections

For items that are connected to utilities such as electricity, gas, water, or other similar services, it is the responsibility of the Buyer to ensure that the item is properly disconnected by a qualified and licensed tradesperson before removal. The Buyer must bear all costs associated with disconnection and must comply with any relevant regulations or safety standards.

The Seller has the right to request proof that a qualified professional will conduct the disconnection. In some cases, you.bid or the Seller may inspect the disconnection and removal process to ensure compliance with safety standards and applicable laws. If the disconnection or removal is deemed unsatisfactory or causes damage to the Seller’s property, the Buyer may be required to cover the costs of any necessary rectification work.

10.5 Payment, Delivery, and Non-Compliance

All payments, pickups, and deliveries must be completed within seven (7) Working Days of the auction or Buy Now item’s closing date, unless mutually agreed upon by the Buyer and Seller.

Failure to make timely payments may lead to the cancellation of the sale, resale of the item, and/or suspension of Registered User accounts.

In the event that a sale is not completed due to non-payment by the Buyer or any other reason, and the item is relisted and sold at a lower price, you.bid shall not be liable for any price difference or losses incurred. The Seller acknowledges that all risks, including any losses from the resale, are solely borne by the Seller.

If the Buyer fails to make payment to the Seller, fails to pick up the item, or fails to arrange delivery, the Buyer’s Premium paid by the Buyer will not be refunded by you.bid.

11. Listing Descriptions and Conditions

11.1 Accuracy of Descriptions

While you.bid endeavors to ensure that listings are accurate and up-to-date, we rely on Sellers to provide correct and comprehensive information about their items. Buyers acknowledge that item descriptions are provided by Sellers and may not always be accurate, complete, or free from errors. you.bid does not verify or guarantee the accuracy, completeness, or authenticity of the item descriptions provided.

Buyers should conduct their own investigations to verify the information before making a bid or purchase. This may include:

• Requesting additional information or clarification from the Seller.
• Arranging for an independent inspection or appraisal of the item.
• Reviewing any available documentation, certificates, or provenance associated with the item.

11.2 Limitations of Descriptions

Descriptions, including text, photographs, and videos, are intended as a guide only. Items may vary from their descriptions or images due to factors such as lighting, display settings, or subjective interpretation. you.bid does not warrant that the descriptions are accurate, current, or free from errors.

Variations may include, but are not limited to:

• Color discrepancies between the item and its images.
• Differences in condition, wear, or defects not apparent in photographs.
• Misinterpretation of measurements, dimensions, or specifications.

Buyers are responsible for verifying the condition, quality, and suitability of items before bidding. Reliance on the descriptions provided is at the Buyer’s own risk.

11.3 Right to Modify or Withdraw Listings

you.bid reserves the right to modify or withdraw any item from sale at any time without prior notice if:

• Errors are Discovered: There are errors in the item description, listing details, photographs, or videos.
• Item Unavailability: The item is no longer available for sale for any reason.
• Legal Compliance: Necessary to comply with applicable laws, regulations, or legal requests.
• Seller Violation: The Seller is found to be in violation of this Agreement or engaged in prohibited conduct.

you.bid is not liable for any loss, inconvenience, or damages suffered by a Buyer, Seller, or any other person as a result of such modification or withdrawal.

Buyers acknowledge that:

• Bids May Be Void: Any bids placed on a withdrawn or modified listing may be voided at you.bid’s discretion.
• No Guarantee of Sale Completion: There is no guarantee that any item listed will remain available or that a sale will be completed.

11.4 Manufacturer’s Warranty

A manufacturer’s warranty may apply to some items listed for auction or sale on the you.bid platform. you.bid is not responsible for the content, enforcement, or validity of any manufacturer’s warranty provided with an item. It is the Buyer’s or Bidder’s responsibility to contact the relevant manufacturer directly in relation to any questions, claims, or services covered under the warranty.

Buyers should review any applicable manufacturer warranties prior to bidding or purchasing and ensure they are satisfied with the terms. you.bid does not mediate or assist with warranty claims or disputes between Buyers and manufacturers.

12. Photographs and Videos

12.1 Accuracy of Photographs and Videos

Photographs and videos provided in listings are intended for illustrative purposes only and may not accurately reflect the actual condition, color, size, or appearance of the item. Factors such as lighting, camera quality, screen settings, and angles can affect how the item appears in images.

you.bid does not guarantee the accuracy or completeness of any photographs or videos associated with listings. We rely on Sellers to provide accurate visual representations of their items.

12.2 Rights to Use Photographs and Videos

By uploading photographs and videos to the Platform, Sellers grant you.bid a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display such content for the purposes of operating, promoting, and improving the Platform.

Sellers represent and warrant that they own or have the necessary rights and permissions to use and license the content uploaded, and that such content does not infringe upon any third-party intellectual property rights.

 

13. Submitting Information to the Platform

13.1 User Responsibilities for Uploaded Content

When you submit or upload any content to the Platform, including but not limited to listings, images, videos, descriptions, messages, and feedback (collectively referred to as “User Content”), you agree to the following:

• Compliance with Laws and Policies: Your User Content must comply with all applicable laws, regulations, and this Agreement, including any policies referenced herein.
• Accuracy and Honesty: You are responsible for ensuring that all information you provide is accurate, truthful, and not misleading.
• Ownership and Rights: You represent and warrant that you own or have the necessary rights and permissions to submit the User Content, and that it does not infringe upon any third-party intellectual property rights or other proprietary rights.
• Prohibited Content: You must not submit User Content that is illegal, defamatory, obscene, offensive, invasive of privacy, or otherwise objectionable.

13.2 Non-Confidentiality of Submitted Information

Any User Content you submit to the Platform is considered non-confidential and non-proprietary. By submitting User Content, you acknowledge and agree that you.bid may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media.

 

14 Media and Content Ownership

14.1 Ownership and Rights of Content Provided by Users

All content provided by Users, including listings, data, text, messages, and other materials (collectively referred to as “Content”), becomes the property of you.bid upon submission. Users agree that they assign all rights, title, and interest in such Content to you.bid. Users represent and warrant that they either own or otherwise control all intellectual property rights, or have all necessary permissions and licenses, in the Content they provide to you.bid or upload to the Platform. Users are solely responsible for ensuring that the Content they provide does not infringe upon the rights of any third party.

14.2 License to you.bid

By uploading or providing Content to the Platform, General Users grant you.bid a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all intellectual property rights related to such Content. This license is granted for the purposes of enabling you.bid to provide its services, promote and market its services, enforce its legal rights, and comply with any applicable laws, regulations, or court orders. General Users hereby waive any moral rights they may have in relation to such Content.

14.3 Third-Party Intellectual Property Rights

you.bid acknowledges that certain listings may contain photographs, videos, or other multimedia materials in which intellectual property rights are owned by third parties. you.bid does not claim ownership of such third-party materials. Instead, you.bid relies on the warranty in clause 13.1, which assures that General Users have obtained the necessary permissions to upload such materials and to grant the associated rights to you.bid.

 

15 Accuracy of Information on the Platform

15.1 General Information

The information available on the you.bid Platform is provided for general informational purposes only. While we strive to ensure that the information on the Platform is accurate and up-to-date, we cannot guarantee the completeness, accuracy, or reliability of any content, including listings, descriptions, photographs, videos, user profiles, and other materials.

Users acknowledge that:

• Content is User-Generated: Much of the factual information on the Platform is provided by Sellers and other users. you.bid does not verify or endorse all of the user-generated content.
• Independent Verification: Users are responsible for independently verifying any information before relying on it for decision-making purposes, including making bids, purchases, or entering into any agreements.
• No Professional Advice: The information on the Platform does not constitute professional advice of any kind, including legal, financial, or technical advice.

15.2 No Endorsement or Verification

you.bid does not endorse, guarantee, or verify the authenticity, accuracy, or reliability of any content posted by users, including but not limited to:

• Item Listings: Descriptions, specifications, condition reports, or any claims made about items offered for sale.
• User Profiles: Information provided in user profiles, including identity, qualifications, or reputation.
• Third-Party Content: Any links, resources, or content provided by third parties.

Users should exercise caution and perform due diligence when interacting with other users or relying on content provided on the Platform.

15.3 Third-Party Links and Resources

The Platform may contain links to third-party websites, resources, or services that are not owned or controlled by you.bid. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

By using the Platform, you acknowledge and agree that you.bid is not responsible or liable for:

• Availability of Third-Party Sites: The availability or accuracy of such websites or resources.
• Content and Services: The content, products, or services on or available from such websites or resources.

Users are advised to review the terms and conditions and privacy policies of any third-party websites or services they visit.

15.4 User Reliance on Information

Any reliance you place on information obtained from the Platform is strictly at your own risk. you.bid disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

15.5 Updates and Changes to Information

Content on the Platform may be updated or changed at any time without notice. While we endeavor to keep the information current, there may be delays, errors, or omissions. you.bid does not guarantee that any defects or errors will be corrected.

 

16 Processing and Technological Errors

16.1 Technological Errors and Downtime

In the event of errors during processing, Site downtime, or other technical issues resulting from unforeseen circumstances such as server malfunctions, data hosting issues, or disruptions in internet service, you.bid reserves the right to take the following actions:

• Extension of Auction or Buy Now Period
  At our discretion, you.bid may extend the Auction Period or Buy Now Period, either before or after the original conclusion time, for a duration we determine appropriate.
• Reopening Auctions or Buy Now Sales
  you.bid may, at its discretion, reopen an auction or Buy Now sale, either before or after the original conclusion time, for a period of time we deem suitable.
• Retraction of Notifications
  you.bid reserves the right to retract any notifications sent to the winning Bidder or Buyer, either before or after the conclusion of an auction or Buy Now sale, as deemed necessary.
• Price Corrections
  If any processing or technological errors occur, you.bid reserves the right to amend the “start price” or “Buy Now” price of an item at any time prior to or during an auction or Buy Now sale in order to correct such errors.
• Voiding and Reopening Transactions
  In the event of significant errors, you.bid may void an entire auction or Buy Now listing and restart it at the original start price or Buy Now price, or continue/extend the auction from its last bid price.

 

17. Privacy and Data Protection

17.1 User Data Collection

you.bid collects personal information from users when they register for an account, participate in transactions, or interact with the Platform. This information may include, but is not limited to:

• Personal Details: Name, date of birth, contact information (email address, phone number, physical address).
• Identity Verification Information: Government-issued identification documents, driver’s license, passport, or other verification documents.
• Transaction Information: Bidding history, purchase and sale records, payment details.
• Usage Data: Log files, IP addresses, browser type, device information, and browsing behavior on the Platform.

17.2 Identity Verification

To maintain the security and integrity of the Platform, you.bid may require users to verify their identity. This process may involve:

• Providing Identification Documents: Uploading copies of government-issued IDs or other verification documents.
• Third-Party Verification Services: Using external services to confirm your identity and prevent fraudulent activities.
• Ongoing Verification: Periodically requesting updated information to ensure records are current and accurate.

17.3 Storage and Use of Personal Data

you.bid uses personal information collected from users for the following purposes:

• Account Management: Creating and managing user accounts, providing customer support, and communicating with users.
• Transaction Facilitation: Processing bids, purchases, sales, payments, and deliveries.
• Platform Improvement: Analysing usage data to improve the Platform’s functionality, user experience, and services.
• Legal Compliance: Complying with legal obligations, resolving disputes, and enforcing this Agreement.
• Marketing Communications: Sending promotional materials, updates, and information about products or services that may be of interest to users (subject to user preferences and applicable laws).

Personal data is stored securely in accordance with industry standards and applicable laws. you.bid implements reasonable security measures to protect personal information from unauthorised access, alteration, disclosure, or destruction.

17.4 Disclosure of Data to Third Parties

you.bid may disclose personal information to third parties in the following circumstances:

• Service Providers: Sharing information with trusted third-party service providers who assist in operating the Platform, such as payment processors, identity verification services, hosting providers, and customer support services.
• Legal Requirements: Disclosing information when required by law, court order, or governmental regulations.
• Protection of Rights: When necessary to protect the rights, property, or safety of you.bid, its users, or others.
• Business Transfers: In the event of a merger, acquisition, reorganisation, or sale of assets, personal information may be transferred as part of the transaction.

Third parties receiving personal information are obligated to maintain confidentiality and comply with applicable privacy laws.

17.5 Compliance with Privacy Laws

you.bid is committed to protecting user privacy and complies with the Privacy Act 1988 (Cth) and other applicable Australian privacy laws and regulations. Users have the right to:

• Access Personal Information: Request access to the personal information you.bid holds about them.
• Correct Inaccuracies: Request corrections to any inaccurate or incomplete personal information.
• Withdraw Consent: Opt-out of marketing communications or withdraw consent for certain data processing activities, where applicable.

To exercise these rights, users may contact you.bid using the contact information provided in Section 1.4 Contact Information.

17.6 Information Security

While you.bid strives to protect your personal information, you acknowledge that no data transmission over the internet or electronic storage method is completely secure. We do not guarantee the absolute security of any information you transmit to us or store on the Platform.

Users are responsible for:

• Maintaining Account Security: Keeping login credentials confidential and securing access to their devices.
• Notifying of Unauthorised Access: Informing you.bid immediately if they suspect any unauthorised use of their account or security breaches.

you.bid will implement reasonable security measures to protect personal information but will not be liable for any loss or damage arising from unauthorised access to user accounts resulting from user negligence or failure to maintain security measures.

17.7 Cookies and Tracking Technologies

you.bid may use cookies and similar tracking technologies to enhance user experience, analyse usage patterns, and deliver personalised content and advertisements. By using the Platform, you consent to the use of cookies in accordance with our Cookie Policy.

Users may adjust their browser settings to refuse cookies; however, this may affect the functionality or experience of the Platform.

17.8 Third-Party Privacy Practices

The Platform may contain links to third-party websites or services. you.bid is not responsible for the privacy practices or content of such third parties. Users are encouraged to review the privacy policies of any third-party sites they visit.

18. Dispute Resolution

18.1 Buyer-Seller Dispute Process

Initial Dispute Resolution: In the event of a dispute between a Buyer and a Seller, both parties are encouraged to make reasonable efforts to resolve the issue directly and in good faith. This may involve communication through the Platform to clarify any misunderstandings, address concerns regarding the item description, payment, or delivery, and reach a mutually agreeable solution.

Platform Assistance: If the dispute cannot be resolved between the Buyer and Seller, either party may seek assistance from you.bid. you.bid may act as a facilitator by reviewing relevant information, including communications and transaction details, but does not guarantee a resolution. you.bid’s involvement is limited to facilitating a dialogue between the parties, and it does not assume any liability for disputes between users.

18.2 Dispute Escalation to Mediation or Arbitration

Mediation: If a dispute remains unresolved after attempting the initial resolution process, either party may request mediation. Mediation is a voluntary and non-binding process where an independent third-party mediator assists both parties in reaching a settlement. The costs of mediation, if any, will be shared equally by the Buyer and Seller unless otherwise agreed.

Arbitration: If mediation fails or is not pursued, either party may escalate the dispute to binding arbitration. Arbitration is conducted in accordance with the Commercial Arbitration Act 2010 (NSW), and the decision of the arbitrator is final and legally binding on both parties. The arbitrator may determine the allocation of costs associated with arbitration. By using the Platform, all users agree to resolve disputes through arbitration, where applicable, in lieu of pursuing court proceedings.

In the event that a Buyer or any other party threatens litigation or makes a claim against you.bid in relation to the sale of the Items, you.bid is entitled, acting reasonably, to retain the Buyer’s Premium until the dispute is resolved.

18.3 Governing Law and Jurisdiction

Governing Law: This Agreement, and any dispute arising out of or related to the use of the you.bid Platform, is governed by the laws of New South Wales (NSW), Australia, without regard to conflict of law principles.

Exclusive Jurisdiction: In the event that a dispute is not resolved through mediation or arbitration, any legal proceedings must be brought in the courts of New South Wales. Users agree to submit to the exclusive jurisdiction of these courts and waive any objection to such venue based on jurisdiction or convenience.

 

19. Rights to Enforce Sale

19.1 Completion of Sales Agreement

Once a General User (hereafter referred to as the “Buyer”) has won an auction or completed a purchase through the Buy Now feature on the Platform, a binding sales contract is formed between the Buyer and the Seller. you.bid, as the platform provider, is not a party to this contract but reserves the right to assist in the enforcement of its terms where applicable.

19.2 you.bid’s Role in Enforcing Sales

While you.bid is not directly responsible for enforcing sales agreements between Buyers and Sellers, we reserve the right to assist Sellers in recovering unpaid amounts by suspending or terminating the Buyer’s access to the Platform or taking other corrective measures as deemed necessary.

 

20. Platform Accessibility and Availability

20.1 Service Availability

General Availability: you.bid strives to provide continuous access to its Platform for users to engage in auctions and sales. The Platform is generally available 24 hours a day, 7 days a week, except during periods of scheduled maintenance or unforeseen outages.

User Responsibility: It is the responsibility of users to ensure they have the necessary hardware, software, and internet access to use the Platform. you.bid is not liable for any inability to access the Platform due to user equipment or internet service failures.

20.2 Platform Interruptions and Downtime

Scheduled Maintenance: you.bid may periodically schedule maintenance or updates to improve the functionality and security of the Platform. Users may be notified in advance of any planned downtime which would generally take place during off-peak times such as early morning periods. you.bid will make efforts to minimise disruptions during peak usage periods where possible.

Unforeseen Interruptions: In the event of unforeseen technical issues, including but not limited to server failures, data breaches, or other disruptions beyond the control of you.bid, the Platform may be temporarily unavailable. you.bid will make reasonable efforts to restore service as quickly as possible but shall not be held liable for any loss or damage resulting from such interruptions.

Auction and Sale Extensions: In the case of interruptions during active auctions or sales, you.bid reserves the right to extend the auction period, re-open auctions, or take other necessary actions to ensure fairness. Users will be notified of any such extensions or adjustments.

20.3 No Guarantee of Continuous Operation

No Warranty of Continuous Access: While you.bid endeavors to provide continuous and reliable access to the Platform, it makes no guarantees or warranties regarding the uninterrupted operation of the service. you.bid shall not be held responsible for any losses or damages, including missed bids or sales, resulting from platform downtime, technical issues, or maintenance.

Limitation of Liability: Users acknowledge and agree that you.bid is not liable for any interruption, delay, or downtime of the Platform, whether due to maintenance, technical failures, or any other cause beyond its reasonable control. This includes any inability to place bids, complete purchases, or access account information during periods of unavailability.

20.4 Multi-Platform Accessibility

The you.bid platform is designed to be accessible across various devices, including desktop computers, mobile phones, and tablets. While you.bid makes reasonable efforts to ensure that the platform is functional on different devices, it does not guarantee full compatibility or optimal performance on all platforms or browsers. Users are responsible for ensuring that their devices and internet connections meet the necessary technical requirements to access and use the platform.

 

21. Intellectual Property and Content

21.1 Ownership of Platform Content

All content available on the you.bid Platform, including but not limited to text, graphics, logos, images, audio clips, video clips, software, databases, and any other materials (collectively referred to as “Platform Content”), is the exclusive property of you.bid or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

By using the Platform, users do not acquire any ownership rights in the Platform Content. Unauthorised use of the Platform Content is prohibited and may violate intellectual property rights and other laws.

21.2 License to Use the Platform

As long as you comply with your obligations under this Agreement, you.bid grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and the Platform Content solely for the purposes of browsing, participating in auctions, buying, selling, or engaging in other lawful activities offered through the Platform.

You agree not to:

• Modify or Reproduce Content: Modify, copy, reproduce, create derivative works from, or use the Platform Content for any purpose other than as expressly permitted by this Agreement.
• Remove Proprietary Notices: Remove or alter any copyright, trademark, or other proprietary notices contained in or on the Platform Content.

21.3 Prohibition on Unauthorised Use of Intellectual Property

Users must not engage in any activity that infringes upon you.bid’s intellectual property rights or the rights of third-party content providers. Specifically, users are prohibited from:

• Copying, Scraping, or Data-Mining: Copying, scraping, crawling, or data-mining any portion of the Platform or its Content, including using automated tools such as bots, spiders, or crawlers, or any methods to extract content from the Platform or any API.
• Modifying or Integrating Software: Modifying, merging, integrating, or combining any part of the Platform or its underlying software with other software, programs, or applications.
• Transferring or Distributing Platform Content: Attempting to assign, transfer, distribute, sell, lease, rent, sub-license, or otherwise deal in or exploit the Platform Content or any rights granted under this Agreement.
• Reverse Engineering: Modifying, reverse engineering, decompiling, or disassembling any part of the Platform or the software that powers it.
• Unauthorised Use of Trademarks: Using any of you.bid‘s trademarks, logos, or branding without prior written consent.
• Exploiting Vulnerabilities: Attempting to exploit any vulnerabilities in the Platform to gain unauthorised access to data or intellectual property.
• Interfering with Platform Functionality: Using automated tools, hacks, scripts, programs, or applications designed to access data, modify or interfere with the Platform’s functionality, or interact with communications from the Platform for any purpose.

Any unauthorised use of the Platform or Platform Content may result in termination of the licenses granted herein and may constitute a violation of applicable laws.

21.4 Feedback and Suggestions

If you provide you.bid with any feedback, suggestions, ideas, or recommendations regarding the Platform or services (“Feedback”), you grant you.bid a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, distribute, and incorporate such Feedback into the Platform or services without any obligation to compensate you.

You acknowledge that:

• No Confidentiality: Feedback provided is non-confidential.
• No Compensation: you.bid is not obligated to provide any compensation for the use of your Feedback.
• Use at Discretion: you.bid may use or not use your Feedback at its sole discretion.

21.5 Third-Party Intellectual Property Rights

you.bid respects the intellectual property rights of others and expects users to do the same. If you believe that your intellectual property rights have been infringed upon by content on the Platform, please notify you.bid using the contact information provided in Section 1.4 Contact Information.

Your notice should include:

• Identification of the Infringed Work: A description of the copyrighted work or other intellectual property that you claim has been infringed.
• Identification of the Infringing Material: A description of where the material that you claim is infringing is located on the Platform.
• Your Contact Information: Your address, telephone number, and email address.
• Statement of Good Faith: A statement by you that you have a good faith belief that the disputed use is not authorised by the intellectual property owner, its agent, or the law.
• Statement of Accuracy: A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorised to act on the owner’s behalf.
• Signature: An electronic or physical signature of the person authorised to act on behalf of the owner of the intellectual property interest.

you.bid will review all such notices and take appropriate action as required by law, which may include removing or disabling access to the infringing material.

21.6 Termination of License

you.bid may terminate or suspend your license to use the Platform and Platform Content at any time, with or without cause or notice, including if you breach any terms of this Agreement.

Upon termination:

• Cessation of Use: You must immediately cease all use of the Platform and Platform Content.
• Deletion of Content: you.bid may delete your User Content and account information.
• Survival of Terms: The provisions of this Agreement that by their nature should survive termination will remain in effect, including but not limited to provisions regarding intellectual property, disclaimers, indemnities, and limitations of liability.

 

22. Trademarks

22.1 Ownership of Trademarks

The trademarks, logos, trade names, service marks, and branding (collectively referred to as “Trademarks”) displayed on the Platform are the property of you.bid, its licensors, or other third parties. Unauthorised use of any of the Trademarks without prior written permission from the respective owner is strictly prohibited.

22.2 Restrictions on Use

General Users, Sellers, and Buyers are not granted any rights to use the Trademarks for any commercial or non-commercial purposes without express permission. This includes, but is not limited to, copying, reproducing, modifying, or displaying the Trademarks in any manner that might mislead or confuse the public as to the source, origin, or affiliation of the Trademarks.

22.3 Third-Party Trademarks

Any third-party Trademarks displayed on the Platform are the property of their respective owners. The use of such Trademarks on the Platform does not imply any affiliation, endorsement, or association between you.bid and the owners of these Trademarks.

22.4 Violation of Trademark Rights

Any unauthorised use of you.bid’s or third-party Trademarks that violates intellectual property laws may result in legal action, account suspension, or termination of access to the Platform.

 

23. Third-Party Links and Services

23.1 Use of Third-Party Services

you.bid partners with external third-party service providers, including but not limited to payment processing services, logistics companies, and insurance providers. These services are made available to users as part of the platform’s operations, but they are not operated by you.bid. By using the platform, users acknowledge and agree that any transactions or interactions with such third-party providers are governed by the respective terms and conditions of those providers.

you.bid does not control or assume liability for the content, privacy policies, or practices of any third-party services. Users are responsible for ensuring that they understand and agree to the terms provided by these third-party services before engaging with them.

23.2 Liability for Third-Party Links

The you.bid platform may contain links to third-party websites or services that are not owned or controlled by you.bid. The appearance of those links on this site does not indicate any relationship between you.bid and that third party, nor any endorsement by you.bid of the third party or its site. These links are provided for the convenience of users and do not imply any endorsement or approval of the content, products, or services offered by such third parties.

you.bid makes no warranties or representations regarding the accuracy or reliability of any third-party content or the security of any third-party websites. Users acknowledge and agree that accessing any third-party links is at their own risk, and you.bid will not be held liable for any damages, losses, or other issues arising from interactions with third-party sites.

23.3 Third-Party Payment Providers

you.bid utilises third-party payment processors, such as Stripe, to facilitate secure payments on the platform. By submitting payment details on you.bid, users agree to the terms and conditions of these third-party payment processors.

you.bid does not store or handle sensitive payment information, such as credit card numbers, as these are directly managed by the third-party providers. Any disputes or issues related to payment processing must be directed to the respective third-party provider. you.bid will not be held liable for any payment failures, delays, or errors caused by third-party payment services.

The payment gateway and any ancillary payment processing facilities provided to Registered Users by you.bid or you.bid partners are provided for convenience only. you.bid gives no warranty, expressed or implied, in connection with such facilities. you.bid will in no event be liable for any loss, damages, costs, or expenses suffered or incurred by Registered Users arising out of or as a result of any error, mistake, or misstatement in debiting or crediting the credit card accounts of Registered Users, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

23.4 Linking to the Platform

You may create a link to our platform from another website with our prior written consent, provided that no such link:

• creates a frame or any other browser or border environment around the content of our platform;
• implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our platform; or
• displays any of the trademarks or logos used on our platform without our permission or that of the owner of such trademarks or logos.

We reserve the right to require you to immediately remove any link to the platform at any time, and you shall immediately comply with any request by us to remove such a link.

23.5 Advertising and Partnerships

You understand that you.bid partners with external organisations and companies. These partners may occasionally deliver their messages or offers—whether for commercial purposes or otherwise—to you through advertisements via our communications, website, mobile app, or social media platforms. By using the Platform, you acknowledge and agree to receive such communications.

 

24. Limitation of Liability

24.1 Platform Liability

you.bid provides the platform “as is” and “as available” without warranties of any kind, whether express or implied. While you.bid takes measures to try and ensure that the Platform operates effectively, we do not guarantee that the Platform will meet users’ requirements, operate without interruption, or be free from errors, viruses, or other harmful components.

you.bid accepts no responsibility for the content of any information regarding Auction Items or Buy Now Items as they appear on the Platform.
To the maximum extent permitted by law, you.bid disclaims all liability for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of data, revenue, or business opportunities, arising from or related to the use of the Platform, even if you.bid has been advised of the possibility of such damages.

24.2 Exclusion of Indirect Damages

you.bid will not be held liable for any indirect, consequential, punitive, or special damages that arise out of or are in any way connected to the use of the Platform, including participation in the auctions and/or Buy Now sales, the delay or inability to use the Platform, or any content, materials, products, or services obtained through the Platform. This includes, without limitation, any loss of profits, loss of business, loss of goodwill, or other losses listed below:

• loss of profit;
• loss or corruption of data;
• loss of use;
• loss of production;
• loss of contract;
• loss of opportunity;
• loss of savings, discount, or rebate (whether actual or anticipated);
• harm to reputation or loss of goodwill.

you.bid is not responsible for bids not received, processed, or accepted, or Buy Now purchases not transacted, due to technical difficulties, including those bids placed by Auto Bid or Proxy Bid. In particular, you.bid is not responsible for any loss, liability, or damage incurred by you as a result of a bid not received, processed, or accepted, or Buy Now purchase not transacted, due to technical difficulties.

In no event will you.bid’s total aggregate liability to any user for all claims arising under or related to this Agreement exceed the total amount of fees paid by the user to you.bid within the twelve (12) months preceding the event giving rise to the claim.

24.3 Liability for User Misconduct

you.bid is not responsible for the actions, errors, or omissions of users on the Platform. This includes, but is not limited to, any fraudulent activity, misrepresentation of items, or failure to meet Buyer or Seller obligations.

Users are responsible for ensuring compliance with all applicable laws and regulations when using the Platform. Any damages, losses, or legal claims arising from user misconduct or violations of this Agreement are the sole responsibility of the user in question. you.bid reserves the right to terminate user access to the Platform or take legal action in cases of serious misconduct.

24.5 Postponement of Auctions or Buy Now Sales

you.bid will incur no liability for the postponement of any auctions or Buy Now sales for any reason.

24.6 Disclaimer of Liability for Unforeseen Issues

To the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities, or other terms implied or conferred by statute, custom, or the common law that impose any liability or obligation on us are excluded from this Agreement.

24.7 Disclaimer of Warranties

24.7.1 Use at Your Own Risk

Your use of the Platform is entirely at your own risk. The Platform, including the user community, is provided “as is” and “as available.” You are responsible for making all reasonable inquiries to verify the legitimacy of users and the accuracy of listings. By using the Platform, you acknowledge that you.bid will not be liable for any listing, including any errors, omissions, or misleading information, or for any loss or damage resulting from your reliance on any listing or from any transaction or service received.

24.7.2 No Warranty Provided

you.bid provides no warranty or representation that:

• The Platform will fulfill your requirements.
• The Platform will operate without interruption, be timely, secure, or error-free.
• The quality of any products, services, information, or other material purchased or obtained by you through you.bid will meet your expectations.
• Any errors in the underlying source code will be fixed.

24.7.3 Responsibility for Downloaded Materials

Any materials downloaded or otherwise obtained through the Platform are accessed at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data resulting from such downloads.

24.7.4 Australian Consumer Law

Nothing in these terms is intended to exclude or override any guarantees or warranties provided to you under Australian Consumer Law. Under consumer law, you may be entitled to repair or replacement services or other similar rights from time to time.

 

25. Indemnification

25.1 Indemnity by Users

By using the you.bid Platform, you agree to indemnify, defend, and hold harmless you.bid, its affiliates, directors, officers, employees, agents, and contractors from and against any and all claims, liabilities, expenses, damages, losses, or costs (including reasonable attorneys’ fees) arising out of or related to:

• Any breach of this Agreement by you;
• Any violation of applicable laws or regulations by you;
• Any content uploaded or submitted by you to the Platform, including but not limited to infringement of intellectual property rights or other rights of any third party;
• Your use or misuse of the Platform, including any interactions, transactions, or disputes with other users;
• Any negligent or wrongful conduct by you or any person accessing the Platform using your account or credentials.

You agree to cooperate fully with you.bid in the defense of any claim subject to indemnification. you.bid reserves the right to assume exclusive control of any matter otherwise subject to indemnification by you, and you shall not settle any such matter without the prior written consent of you.bid.

25.2 Scope of Indemnity

The indemnity obligations under this Section 25 shall survive the termination or expiration of this Agreement and your use of the Platform. These obligations are in addition to any rights or remedies which you.bid may have at law or in equity.

25.3 No Limitation of Liability

Your indemnification obligations are not limited by any limitation of liability provisions in this Agreement and shall apply to the fullest extent permitted by applicable law.

25.4 Notification of Claims

If you.bid becomes aware of any claim or potential claim that could be subject to indemnification under this Agreement, we will promptly notify you in writing. Failure to provide such notice will not relieve you of your indemnification obligations except to the extent that you are materially prejudiced by such failure.

25.5 Release of Liability for Personal Information

You acknowledge and agree that, to the maximum extent permitted by law, you.bid will not be liable for any claim, loss, or damage arising out of or in connection with the unauthorised access to or misuse of your personal information or User Content by third parties, except to the extent that such unauthorised access or misuse is directly caused by you.bid’s gross negligence or willful misconduct.

25.6 Indemnity Regarding Transactions

Users agree to indemnify you.bid from any liability arising from the content of listings, the negligent or wrongful conduct of Buyers and Sellers, and any breach of obligations by Buyers or Sellers under this Agreement. This includes any failure to engage in or complete a sales transaction.

 

26. Termination of Services

26.1 Termination by Users

User-Initiated Termination: Users may terminate their account and cease use of the you.bid Platform at any time by providing written notice to you.bid, unless the user is involved in an ongoing auction or sale. The termination will take effect upon confirmation by you.bid, provided no pending transactions or unresolved issues exist.

Pending Obligations: If the user is a Seller with an active listing or a Buyer who has placed a bid or purchased an item, the account termination will only take effect once all transactions are completed, including payment of any outstanding fees, and any disputes or issues are fully resolved.

26.2 Termination by you.bid

Platform-Initiated Termination: you.bid reserves the right to terminate or suspend a user’s account, with or without prior notice, in the following circumstances:

• Violation of this Agreement or any applicable laws.
• Engaging in fraudulent, illegal, or abusive conduct on the Platform.
• Providing false or misleading information during registration or transactions.
• Non-compliance with payment obligations or failure to complete transactions.
• Engaging in conduct that harms the reputation, operation, or security of the Platform or its users.

Immediate Termination: you.bid may immediately terminate a user’s account if it believes that the user’s actions pose a significant risk to the Platform or other users. you.bid is not required to provide advance notice in such cases.

26.3 Effect of Termination on Transactions

Pending Transactions: In the event of termination (whether initiated by the user or you.bid), all pending transactions, including ongoing auctions or sales, must be completed in accordance with this Agreement. The user remains responsible for fulfilling their obligations under any existing transactions, including payment and delivery of items.

No Refunds: Upon termination, any fees already paid to you.bid, including Buyer’s Premiums and listing fees, are non-refundable, except as otherwise provided under Australian law.

Retention of Information: you.bid may retain certain user information after account termination as required by law or as necessary to resolve disputes, prevent fraud, or enforce this Agreement.

 

27. Force Majeure

27.1 Events Beyond Control

Definition of Force Majeure: you.bid shall not be liable for any failure to perform or delay in performing its obligations under this Agreement due to events beyond its reasonable control (“Force Majeure Events”). Such events include, but are not limited to, natural disasters, acts of God, war, terrorism, riots, civil unrest, government actions, strikes, labour disputes, power outages, internet or communications failures, epidemics, pandemics, or any other event beyond the reasonable control of you.bid.

27.2 Consequences of Force Majeure Events

Suspension of Obligations: In the event of a Force Majeure, the affected party’s obligations under this Agreement will be suspended for the duration of the Force Majeure Event. Both parties agree to take reasonable steps to mitigate the effects of the Force Majeure and to resume performance of their obligations as soon as reasonably possible.

Termination for Extended Force Majeure: If a Force Majeure Event continues for a period exceeding sixty (60) days, either party may terminate this Agreement by providing written notice to the other party. In the event of such termination, users will not be entitled to any refund of fees paid to you.bid, except as required by law.

 

28. Modification of Terms

28.1 Right to Modify, Amend, or Terminate

you.bid reserves the right to modify, amend, or terminate this Agreement or any aspect of its services at any time without prior notice. Any changes will take immediate effect upon being posted on the Platform or communicated to users via email or other official channels. Such modifications may include changes to fees, policies, or other terms and conditions applicable to the use of the Platform.

28.2 User Responsibility to Stay Informed

It is your responsibility to regularly review these Terms and Conditions to stay informed of any updates or changes. By continuing to access or use the Platform after any modifications become effective, you agree to be bound by the revised terms and conditions. If you do not agree to the new terms, you must stop using the Platform immediately.

28.3 Enforceability of Modified Terms

If any modification to this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may not be otherwise amended except in a written document signed by you and an authorised representative of you.bid.

28.4 Suspension or Termination of Access

you.bid reserves the right to suspend or terminate your access to the Platform or any portion thereof at any time, with or without cause or notice, including but not limited to, if you breach any provision of this Agreement or any applicable law or regulation. you.bid shall not be liable to you or any third party for any suspension or termination of your access to the Platform or for any damages resulting from such suspension or termination.

 

29 Canceling This Agreement

29.1 Applicability

These cancellation instructions apply only to the Agreement between you and you.bid regarding the provision of the Platform’s services. They do not apply to the cancellation of any contract for the purchase of an Item through the Platform.

29.2 Cancellation by Users

You may cancel your account registration and terminate this Agreement at any time by providing written notice to you.bid, except under the following circumstances:

• If you are a Seller who has listed an Auction Item or Buy Now Item where the Auction Period or Buy Now Period has not yet concluded;
• If you are a Bidder who has submitted a bid on an Auction Item during a Live Auction;
• If you are a Buyer who has committed to purchasing a Buy Now Item.

29.3 Completion of Sale Process

In the instances outlined above, you may not cancel your account registration until the end of the Auction Period or Buy Now Period, and/or until the sale process has been fully completed if you are selling an Item, have bid on an Item, or have committed to purchasing an Item. For clarity, the completion of the sale process includes the full payment of the final sale price, Buyer’s Premium, and any applicable you.bid fees, as well as the successful pickup or delivery of the Item.

 

30. Miscellaneous

30.1 Entire Agreement

This Agreement constitutes the entire understanding and agreement between you and you.bid regarding the use of the Platform and supersedes all prior or contemporaneous communications, agreements, or understandings, whether oral or written, relating to the subject matter of this Agreement.

30.2 Waiver and Severability

Waiver: The failure of you.bid to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by you.bid in writing.

Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.

30.3 Assignment of Rights

You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without the prior written consent of you.bid. Any attempted assignment or transfer without such consent will be null and void. you.bid may assign or transfer its rights and obligations under this Agreement without restriction or notification.

30.4 Third-Party Beneficiaries

This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties to this Agreement. There are no third-party beneficiaries to this Agreement.

30.5 Rights Reserved

All rights not expressly granted to you in this Agreement are reserved by you.bid. No additional rights whatsoever (including, without limitation, any implied licenses) are granted by implication, estoppel, or otherwise.

30.6 Survival of Certain Provisions

The provisions of this Agreement that by their nature should survive termination or expiration shall survive, including but not limited to provisions regarding intellectual property rights, disclaimers, indemnification, limitations of liability, and governing law.

30.7 Notices and Communications

Users agree that any notice or communication sent by you.bid to the email address associated with your account shall be deemed valid and effective notice. Such communications may include, but are not limited to, notices of changes to this Agreement, transaction confirmations, and other relevant information.

If you are required to provide written notice to you.bid, you may do so by:

• Messaging: Sending message to the message submission form provided in Section 1.4 Contact Information.
• Mail: Sending a letter via registered mail to the physical address provided in Section 1.4 Contact Information.

All notices shall be deemed received:

• By Email: On the day the email is sent, provided no bounce-back or error message is received.
• By Mail: Three business days after the date of mailing.

30.8 Currency and Taxation

Currency: Unless otherwise specified, all monetary amounts referenced on the Platform or in this Agreement are denominated in Australian Dollars (AUD).

Taxation: Users are responsible for determining any and all taxes required to be collected, paid, or withheld for any reason in connection with the use of the Platform. you.bid is not responsible for collecting, reporting, or remitting any taxes arising from any transaction.

30.9 Compliance with Export Control Laws

You agree to comply with all applicable export and import control laws and regulations in your use of the Platform and in the fulfillment of transactions. You shall not use the Platform to export, re-export, or transfer any items in violation of any laws or regulations, including those administered by the Australian Government or any other applicable jurisdiction.

31. Acceptance and Acknowledgment

By accessing and using the you.bid Platform, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, including all policies referenced herein. If you do not agree to these Terms and Conditions, you must discontinue your use of the Platform immediately.

By using our service, you agree that your continued use constitutes an electronic signature, indicating your acceptance and agreement to this Agreement and any subsequent amendments.

These Terms and Conditions constitute the entire agreement between you and you.bid regarding the use of the Platform and supersede any prior agreements or understandings, whether oral or written.

END OF DOCUMENT