Bidhype
Bidhype - Terms and Conditions

    These terms and conditions are intended to help keep Bidhype a safe place to buy and sell 👫

    1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Bidhype offers you access to the Services and the Website. By registering as a member of Bidhype you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

    1.2 Amendment of terms and conditions: As Bidhype operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give you at least two weeks’ notice to review these changes. We may also seek your feedback on proposed changes on the Message Board, or, for significant changes notify you directly via email. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

    1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:

    'auctions' include listings with a 'buy now' and 'reserve' price;
    'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
    'member' means a registered member of Bidhype;
    'Member Service(s)' means a trade or business service that has been advertised by a Bidhype member in the Services Category;
    'Services' means any one or more of the services offered by Bidhype or Bidhype's wholly owned subsidiaries, from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that Bidhype may offer;
    'Services Category' means the category on the Bidhype homepage where members can list services;
    'we', 'us' and 'our' are a reference to Bidhype;
    'you' and 'your' are a reference to you;
    'Website' means any Bidhype website through which the services are offered;
    'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, whether by auction or classified;
    'seller' includes any person placing a listing.

  1. SPECIFIC WARNING

    2.1 The Services: Bidhype provides a venue to introduce members who want to buy and sell websites and online businesses. Bidhype takes part in the sale of these items by providing our Website as a venue for members, as well as an Escrow payment option. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. If you use this Escrow service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an auction, Bidhype is not an auctioneer (whether under the Auctioneers Act 2013 or otherwise).

    2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Bidhype takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Bidhype gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:

    1. about ownership of any item;

    2. as to the content, safety, description, worthiness, quality, or legality of the items listed on the Website;

    3. as to the accuracy or truth of listings;

    4. that any item will meet your requirements or expectations; or

    5. about the ability of members to complete a transaction, including credit card and Escrow transactions.


    2.3 Disclaimer: You expressly understand and agree that:

    1. your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis;

    2. no advice or information that is obtained by you from Bidhype or anyone else shall create any warranty by Bidhype that is not expressly stated in the terms and conditions; and

    3. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Bidhype's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

    4. while Bidhype has systems in place to reduce the risk of credit card fraud, Bidhype is not responsible for protecting members from credit card fraud. Bidhype's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.


    2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Bidhype to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Bidhype's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

    2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Bidhype's message boards, your sale or attempted sale of an item prohibited under clause 4.2(f), or arising out of any content or item you submit, post, transmit, or make available through the Services.

    2.6 Breach: Without limiting any other rights and remedies available to Bidhype, Bidhype may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions, in particular, your obligations under Clause 4, or where Bidhype considers it appropriate.

  2. BECOMING A MEMBER

    3.1 Becoming a Member: Becoming a member is free. By registering as a member, you warrant that you can form a legally binding contract.

    3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Bidhype to ensure it is kept current at all times. Bidhype may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Bidhype's discretion, you may create a business membership in addition to your personal membership.

    3.3 Termination of membership: Bidhype reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Bidhype may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website Bidhype may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new Bidhype memberships. You may at any time close your Bidhype membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Bidhype, your ability to use the Bidhype website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.7 of these terms continue to apply.

    3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

    1. not to permit any other person to use your user name or membership; and

    2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

    3.5 Emails and newsletters: Bidhype will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Bidhype products and Services to you. Bidhype may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

    3.6 Other ways to access Bidhype and Bidhype-related data: Bidhype provides an application programming interface (API) to enable software to interface with the Website. The API enables developers to build new applications for our members to use. As a result, information you publish on Bidhype may be accessed through the API and may appear in other places such as applications or websites. Also, if you grant an application permission to access your Bidhype account, that application will be able to access information that you can see when you are logged in to Bidhype. If someone is using an application to access Bidhype and trades with you, that application may be able to access information that you provide to the other person during the trading process, such as your email and delivery address.

  3. GENERAL RULES

    4.1 General

    1. All listings, bids or communications made through Bidhype shall be made in good faith.

    2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

    3. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.

    4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions.

    5. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details.

    6. You must list auctions and classifieds in United States Dollars, taking into account Bidhype's success fee of 7%. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).

    7. You must not complete a transaction outside of the Bidhype process or otherwise seek to avoid Bidhype's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Bidhype suspending or terminating your membership at the discretion of Bidhype.

    8. You must not use the Services or the Website to promote items for sale outside the Services.

    9. You are responsible for any actions taken through your membership. Bidhype memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Bidhype.

    10. If you utilise our Escrow service, you understand and agree to PayPal's Privacy Policy and User Agreement.


    4.2 Your obligations as a seller

    1. Sellers located outside of countries eligible for PayPal must offer a secure payment option for buyers.

    2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale and payment terms.

    3. You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Bidhype has approved otherwise in writing.

    4. All listings must comply with law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights. You are responsible for ensuring that any listing by you does not breach this clause 4.2(f). You agree that Bidhype may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(f) at any time.

    5. When you list an item for auction on Bidhype, you should do so with the intention of selling this item through the site. Therefore you should not list your item on another forum or venue. If you remove a listing for an auction, we are not eligible to refund your listing fee, regardless of the reason.

    6. Your listing may only contain a URL for a website that contains further information on the item you have listed. You must not use Bidhype listings to promote a business or website other than one for sale in your listing.

    7. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.

    8. You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.

    9. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.

    10. For classifieds, you may choose to sell to any buyer at your discretion.

    11. You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.

    12. Listings are not pre-screened for content. Bidhype reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

    13. You agree to your email address being provided to the buyer when your auction closes.

    14. You must promptly forward the listed item to the successful buyer on completion of the transaction.


    4.3 Your obligations as a buyer

    1. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered.

    2. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.

    3. You must make full and prompt payment for any item you buy.

    4. You agree to your username and the amount of your bid being publicly shown on the Bidhype Website. You also agree to your email being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.

    5. If your bid is successful and you do not pay for the item, you will receive a warning from Bidhype if the seller complains about you. After 3 such complaints, Bidhype may suspend or terminate your membership.

    6. You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.


    4.4 Feedback

    1. Feedback is provided for the purpose of facilitating trading between members on the Bidhype Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. Bidhype may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.

    2. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.

    3. You must not post feedback about yourself or include any contact details or personal information in your feedback.


  4. FEES AND ACCOUNTS

    5.1 Bidhype Listing Fees and Success Fees

    1. Bidhype charges fees for the use of the Website as a venue.

    2. Bidhype's current fees are listed on our FAQ page in the fee section.

    3. Any non-commission listing fees are charged at the time of listing and are not refundable. Bidhype may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Bidhype will only issue refunds in the form of credit to the Bidhype account of the member. Cash refunds will not be issued. Credits on accounts with Bidhype are not transferable between members.

    4. Bidhype reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.

    5. Bidhype reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.

    6. Before listing an item, you should review Bidhype's fees to ensure you are aware of the fees that you will incur.

    7. You must pay the fees immediately upon demand by Bidhype.


  5. GENERAL PROVISIONS

    6.1 System Integrity: Bidhype will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Bidhype takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Bidhype assumes no responsibility for the corruption of any data or information held by Bidhype.

    6.2 Resolution of disputes: As Bidhype is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Bidhype in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i). If you wish to take Disputes Tribunal (or other) proceedings against another member, you can contact Bidhype for a statutory declaration form, which must be completed before we will consider releasing anyone else's information to you. You may only request contact details for the sole purpose of making a claim.

    6.3 Force Majeure: Without prejudice to clause 2.3(a), Bidhype has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Bidhype to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Bidhype.

    6.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

    6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

    6.6 Governing Law: These terms and conditions are governed by the laws of your country.

    6.7 Intellectual Property Rights: Bidhype (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

    1. You may not without our prior written permission, in any form or by any means:

      1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or


    6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

    6.10 Privacy: Bidhype collects, uses and discloses personal information about you, as outlined in detail within our privacy policy.

 

Last updated: 28 August 2017
Welcome to Bidhype 👋

Bidhype is a digital marketplace for websites and online businesses. We connect buyers and sellers by providing a platform that is simple to use, powerful and secure.

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