The below represents our terms of use and terms of service.
The links directly below reference the individual state specific auction rules applicable to any property for sale within the applicate state or territory. You should ensure you read the following prior to participating in a sale for any property feature on bidder.com.au
New South Wales (NSW) | Victoria (VIC) | Queensland (QLD) | South Australia (SA) | Western Australia (WA) | Tasmania (TAS) | Northern Territory (NT) | Australian Capital Territory (ACT)
Terms of Service
General
1.1 Bidder is an online platform where licensed real estate agents acting for sellers of commercial, rural or residential real estate are able to conduct and negotiate a sale digitally (Digital Sale) via an online auction.
1.2 These Terms of Use, the privacy policy located at https://www.bidder.com.au/privacy-and-policy govern your use of bidder.com.au (Website) and all content, services and products available within (collectively referred to as, Bidder).
1.3 Bidder is operated by Bidder.com.au Pty Ltd (ACN 654 470 514) (we, us or our).
1.4 In the Terms a person (User) is anyone other than us using Bidder (including Registered Users). Users may be Real Estate Agents, Sellers, bidders or anyone who views a Digital Sale (Observers). Bidder enables bidders that meet the pre-registration requirements (Qualified Bidders) to participate in the Digital Sale negotiations and, if successful, enter into a legally binding contract to purchase real estate.
1.5 Please read the Terms carefully. By using Bidder or accessing any pages or materials contained in Bidder, you agree to be bound by the Terms. If you do not accept the Terms, you are not permitted to use Bidder and must refrain from using it.
1.6 Notwithstanding the incorporation of each or either of the Apple Terms and Conditions and the Android Terms and Conditions in these Terms of Use and subject to clause 1.8, you acknowledge and agree that by accepting the Terms, the end user licence agreement so formed is between us and you only.
1.7 You acknowledge that neither Apple nor Android is a party to these Terms of Use and that we, and not Apple and/or Android, are responsible for the Website and its content.
1.8 You acknowledge and agree that Apple and/or Android and their respective subsidiaries, are third party beneficiaries of the Terms and that, upon your acceptance of the Terms, Apple and/or Android will have the right (and will be deemed to have accepted the right) to enforce the Terms as a third party beneficiary.
1.9 Any complaints, questions or claims relating to the Website can be directed to admin@bidder.com.au
User Registration
2.1 Registration may be required to use Bidder. Registration is not completed until you have visited www.bidder.com.au.au/register or www.bidder.com.au.au/agency, submitted the registration form, performed any subsequent verification steps required on your behalf and we have authorised the account (if applicable). All information supplied by you upon registration must be true, complete and accurate information (User Data). You must maintain and promptly update your User Data as appropriate from time to time.
2.2 We will use your email address as your username and therefore when registering as a user, you must provide a genuine email address. Users must not impersonate another living person or Registered User.
2.3 We may refuse your registration where we consider your suggested username or password to be inappropriate. Grounds for refusal may include, but are not limited to, offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or registered trademarks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.
2.4 We reserve the right to refuse suggested usernames at our sole discretion and do not have to provide any reasons for such refusal.
2.5 Registered Users may be able to provide a business name or a company name (depending on the type of account), which is to be associated with the User Account. Registered Users acknowledge and agree that where a business name or company name is associated with their User Account, the Terms are considered to be a contract with the Registered User as an individual (not the business or company) and Registered Users remain solely responsible for all activity undertaken in respect of their User Account.
2.6 We may, at our absolute discretion, refuse to register a person or corporate entity as a Registered User
2.7 Without limiting our other rights under the Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, or we determine (in our sole discretion) your activity on the platform as anything other than genuine and reasonable, we reserve the right to suspend or terminate your User Account and to refuse any and all current or future use of Bidder (or any portion of it).
2.8 You agree not to assign, transfer or sublicense your rights as a Registered User of Bidder. You further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity in conjunction with your use of Bidder.
Your Obligations
3.1 You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your User Account. If you become aware of any unauthorised use of your User Account, you should notify us immediately by email: admin@bidder.com.au
3.2 You agree that you will not, directly or indirectly:
- hack into or insert malicious code, including viruses, trojans, worms, logic bombs or other harmful or destructive code or data, into the Website, Website or any operating system, including through password mining, phishing or other means;
- use automated scripting tools or software in connection with the Website;
- circumvent the Website’s structure, presentation or navigational function so as to obtain information that we have chosen not to make publicly available through the Website;
- attempt to modify, reverse engineer or reverse-assemble any part of the Website;
- use the Website to supply another service, or to obtain information which you either incorporate into your own service or product to enhance your service or product or your business in any way, such as to create potential customer lists or property lists. Any commercial use of the Website beyond what is expressly approved in these Terms requires our prior written approval.
IMPORTANT – YOUR ACKNOWLEDGEMENTS
4.1 You acknowledge and agree that:
- in contacting or interacting with other users, we are not your agent, attorney, partner or representative and are not a party to or beneficiary of any interaction, transaction or relationship (legal or otherwise) between you and other users;
- We are not responsible for your interactions with other users or their interactions with you; and we are not responsible for any loss or damage arising from the misuse, improper use, or unauthorised use of your username and/or Password for the Website;
- Bidder will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). You are responsible for keeping the details of your user account confidential and secure and you are responsible for all use and activity carried out under your user account. You must not share your username, password or coupon code with any other person or authorise any other person to use the Website. You must not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You must not use the Website in any manner or for any purpose which is contrary to these terms.
4.2 We reserve the right to make changes to Bidder without notice to You at any time. We retain complete control over Bidder and may alter, amend or cease the operation of Bidder at any time in our sole discretion.
4.3 Property information and other material available through Bidder is submitted by Real Estate Agents or their associated parties) and other Registered Users. We do not check the accuracy or completeness of this information and are not responsible for the accuracy or completeness of information submitted by Real Estate Agents and other Registered Users. You should undertake such inquires and investigations as are necessary to confirm that the information is accurate and complete before making any decisions relating to that information.
Terms and Conditions relating to Real Estate Sales
5.1 A person (Real Estate Agent) must not use Bidder to conduct a sale of a particular property (Property) on behalf of the seller of the Property (Seller), unless:
- the Real Estate Agent is a Registered User;
- the Real Estate Agent is authorised in writing by us to use Bidder to conduct a sale of the Property on behalf of the Seller;
- the Real Estate Agent holds all licences, registrations, approvals and accreditations required to use Bidder to conduct a Digital Sale of the Property on behalf of the Seller (including, where the Real Estate Agent is not a licensed real estate agent, the Real Estate Agent is lawfully acting as a registered sales representative of a licensed real estate agent);
- the Seller has authorised in writing the Real Estate Agent to offer the property by Digital Sale using Bidder;
- the Seller has agreed in writing to be bound by the agreement or authority to conduct the sale on Bidder relevant to the Sale Method, and jurisdiction the Property is in (Bidder Authority) and any other materials in respect of the sale;
- the Real Estate Agent does not allow a person to participate in the negotiation unless all of the requirements set out in the Terms of Use to become Qualified Bidder / Buyer, relevant to that Sale Method and jurisdiction the Property is in have been met; and
- the Real Estate Agent complies with the Terms (including payment of any fees due to us in relation to the Digital Sale).
5.2 A person that is not a Real Estate Agent, Auctioneer, Observer, Qualified Buyer, Qualified Bidder or user who has registered for interest in relation to a Digital Sale must not use Bidder to view a Digital Sale unless the person complies with these Terms.
5.3 Each User acknowledges that:
- the Real Estate Agent (not us) is solely responsible for the conduct of the Property sale and negotiation, for complying with legislation and for any information relating to a Property which is made available through Bidder;
- a person is not eligible to participate in negotiations on Bidder unless they have registered with the Real Estate Agent including agreeing to be bound by these Terms, any Auction Conditions (where relevant to the Sales Method), any Terms of Use relevant to the Sales Method, other materials in respect of the Property sale and their registration to become qualified has been accepted by the Real Estate Agent on behalf of the Seller;
- the User accepts responsibility for any bidding activity on their registered device using their unique identification number regardless of the manner in which the bid was made; and
- their use of Bidder may be subject to interruption or delay due to the nature of the internet and mobile phone communications. We do not make any warranty that Bidder will be error free, without interruption or delay or free from defects.
Content
6.1 You must not add any content to Bidder:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be misleading or deceptive, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or Bidder, into disrepute; or
- that infringes the intellectual property rights or other rights of any person.
6.2 We update Bidder regularly, however we make no representation as to the accuracy or completeness of any information or services of Bidder. All information and services are provided on the basis that you undertake the responsibility for assessing, at your own risk.
Promotion
7.1 We may use information available through Bidder (including details of properties that have been uploaded and information about Real Estate Agents and other Users including (business name, logo, images or other media) as part of the services and/or other marketing materials relating to Bidder, except where the relevant Real Estate Agent or other User has requested that the information is not used for such purposes.
Intellectual Property Rights
Generally
8.1 Nothing in the Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we and our licensors own all intellectual property rights in Bidder.
8.2 We grant you a non-exclusive, non-transferable licence to use Bidder in Australia, on a device owned or controlled by you, as permitted by the Usage Rules set forth in Apple’s Website Stores Terms of Service (if applicable) and in accordance with the Terms as amended from to time to time.
8.3 You acknowledge that in the event of a third party claim that the Website or your use and possession of the Website infringes that third party’s intellectual property rights, we alone (and not Apple or Android) are responsible to implement steps and procedures for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Copyright
8.4 All content included on Bidder such as, but not limited to, text, images, software, artwork, photographs, text, images, video, audio and logos is our property or our licensors and other content suppliers. Bidder is our (or our licensors) copyright property and is protected by Australian and International copyright laws. You may not in any form or means adapt, reproduce, communicate or publish any part of it without written consent from us.
Trade marks
8.5 All trade marks, trade names, branding and get-up (trade dress) on Bidder belong to us or our licensors. We do not give you any licence or right to use them.
Links to External Websites
9.1 On occasion, Bidder may be linked to one or more external websites or resources operated by unrelated external websites or an external website may provide a link back to Bidder. These links are provided for your convenience only.
9.2 These links should not be deemed to imply that we endorse the external website or any content therein.
9.3 We do not control and we are not responsible or liable for any external website or any content, advertising, products or other materials on or available from such external websites.
9.4 Access to external websites is at your own risk.
Public Communications
10.1 We make Bidder available for others to publish information without assuming a duty of care to Real Estate Agents, Bidders or any other Users. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on Bidder.
10.2 By uploading materials to Bidder or submitting any materials to us (User Materials), you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, communicate and distribute the User Materials for the purpose of allowing us to operate and provide Bidder.
10.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
10.4 The licence in clause 10.2 will survive any termination of the Terms.
10.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 10.2 and 10.3.
Fees, Services and payment terms for real estate agents
11.1 The terms in this section apply to Real Estate Agents using our services.
11.2 We charge fees for our products and services (Services) including, without limitation, the following Services:
- uploading a Property onto Bidder to conduct a Digital Sale by a Sales Method or otherwise (Upload).
11.3 You agree to pay us the fees for our Services and you accept these terms.
11.4 Upload: When generating an Upload you can must pay a fee.
Our fees are non-refundable once we have provided the Service. You must first make a pre-payment in full before a property can be listed and the service can be utilised.
11.7 Fees for our Services are payable when they are due which unless agreed otherwise is at the time of ordering a Service.
11.8 Prior to ordering a Service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on any applicable schedule of fees and charges as shown on our Website, which we reserve the right to change from time to time and will update you by placing updates on our Website.
11.9 All prices are listed in Australian Dollars and include GST, unless otherwise indicated.
11.10 Payment processing will not begin until we receive all the information we need (including relevant credit card details).
11.11 Your Property Upload will be launched on Bidder only after payment has been successfully processed. Once your payment has been successfully processed, you will receive confirmation of your order. You will also receive, by email, a tax invoice for your order. Your tax invoice is your proof of purchase of our Service.
11.12 Please note:
- for security reasons we reserve the right to decline any credit cards issued by banks outside of Australia;
- debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order;
- you may be required to provide further identification for additional security reference checks.
11.13 If we incur a third-party cost to process a card payment or other transaction, we may charge a reasonable transaction fee.
11.14 If any payment of fees on any account with us is overdue, we may suspend any one or more services until payment is made.
Taxes
12.1 You are responsible for paying any taxes, including any stamp duty, goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
12.2 You must also comply with your obligations under income tax provisions in your jurisdiction.
Limitations of Liability, Disclaimers of Warranties and Indemnity
13.1 The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to our provision of services which cannot be excluded, restricted or modified. We do not exclude those rights. All other terms, rights and guarantees and remedies are excluded.
13.2 Subject to clauses 13.1 and 13.4, our maximum total aggregate liability for all loss, damage, cost or expense arising under or in relation to the Terms, whether in contract, tort (including negligence), equity, under statute, or on any other basis is limited to an amount of AU$20 or the total amount paid for any fees paid under the Terms in the 12 month period preceding the event giving rise to the liability, whichever is greater.
13.3 Without limiting clause 13.1:
- content and materials on Bidder are provided ‘as is’ and, to the extent permitted by law, without warranties of any kind, either express or implied;
- we disclaim all warranties, express or implied, including but not limited to implied warranties of acceptable quality and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;
- we do not warrant that Bidder is secure, free from viruses, bugs, worms, interruption, errors, theft or destruction or that Bidder will meet your requirements. We are not responsible for any damage to your computer system which arises in connection with your use of Bidder or any linked website. You assume all risks associated with using Bidder or any linked website;
- content and material downloaded or otherwise obtained through the use of Bidder is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material;
- We are not a party to any transactions between Users arising through their use of the Website and accepts no liability for those transactions whatsoever; and
- you expressly understand and agree that we and our affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), including those arising out of, or resulting from:
- the use or the inability to use Bidder;
- the use of any material on Bidder or any website or websites linked to or accessible from Bidder;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Website; or
- any other matter relating to Bidder.
13.4 Our liability for breach of any consumer guarantee which cannot be lawfully excluded is limited to the supply of the services again or the payment of the cost of having the services supplied again.
13.5 By accessing Bidder, you indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents, suppliers and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from or in connection with your use of Bidder.
13.6 Our liability to you under or in relation to these Terms is reduced to the extent that your acts or omissions, or those of a third party, contributed to or caused the liability.
13.7 You acknowledge and agree that neither Apple nor Android nor any other Store shall be liable to furnish to you any maintenance and support services with respect to the Website.
13.8 You further agree that we alone (and not Apple or Android) are responsible for taking steps and implementing procedures to address any claims by you or any third party relating to the Website or your possession and/or use of the Website including, but not limited to:
- product liability claims;
- any claim that the Website fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation,
- and which claims shall, in any event, be limited to the maximum extent permitted by applicable law.
13.9 You represent and warrant that you are:
- not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- not listed on any U.S. Government list of prohibited or restricted parties.
Privacy
14.1 We undertake to take all due care with any information which you may provide to us when accessing Bidder. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
14.2 We do not share or sell any personally identifiable information obtained via Bidder to third parties, nor use the personal information otherwise than for its intended use.
14.3 You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Policy. 14.4 For more information, please review the Privacy Policy or contact us at: admin@bidder.com.au
Termination
15.1 The Terms terminate automatically if, for any reason, we cease to operate Bidder.
15.2 We may otherwise terminate the Terms immediately, on notice to you, if you have breached the Terms in any way.
15.3 We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to Bidder.
Force Majeure
16.1 We shall not be liable for any delay in performing any of our obligations under the Terms if such delay is caused by circumstances beyond our reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Amendments
17.1 We may amend these Terms of Use from time to time. If we do, the amended Terms of Use will be published on the Website and, to the extent practicable, we will identify the amendments made since the Terms of Use were last changed. You agree that it is your responsibility to check for updates to our Terms of Use. You further agree that your continued use of Bidder is acceptance of our amendments to the Terms of Use.
Miscellaneous
18.1 If any part of the Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
18.2 In the event of any inconsistency or conflict as between these Terms of Use and the Apple Terms and Conditions and/or the Android Terms and Conditions (as the case may be), these Terms of Use shall prevail to the extent of such inconsistency or conflict only.
18.3 The Terms will be governed by and interpreted in accordance with the laws of Victoria, Australia.
18.4 You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of the Terms.
Real Estate Agent's Warranties
19.1 You represent and warrant to us that at all times during your use of Bidder: you hold all required licences or accreditations to sell all the Property you upload onto Bidder, including, but not limited to, a real estate agency licence; you will comply with all applicable laws in each jurisdiction in respect of the sale of the Property uploaded onto Bidder; the content you post in respect of the Property is true and correct to the best of your knowledge; you have obtained all necessary documents pursuant to the applicable laws in each jurisdiction to sell the Property on Bidder; you have obtained all necessary documents from Qualified Bidders to allow them to bid on the Property (where the Sales Method requires this); and you will maintain all necessary records as required by the applicable laws in each jurisdiction.
Other definitions
20.1 In these Terms of Use, the following words have the meanings set out below:
- Android means Google Inc., a Californian corporation with its principal place of business at Mountain View, California, USA, and any Google subsidiary including, but not limited to its related entity, Android Inc.
- Android Terms and Conditions means the terms and conditions prescribed by Android in its Website Store for the acquisition and use of applications, devices and systems supplied through the Website Store including any Website Store terms of service published from time to time and claims by Android for copyright, disclaimers and other proprietary notices.
- Apple means Apple Inc., a Californian corporation with its principal place of business at One Infinite Loop, Cupertino, California, USA, and any Apple subsidiary.
- Apple Terms and Conditions means the terms and conditions prescribed by Apple in its Website Store for the acquisition and use of applications, devices and systems supplied through the Website Store including any Website Store terms of service published from time to time and claims by Apple for copyright, disclaimers and other proprietary notices.
- Store or Website Store means an electronic store and its storefronts from which you purchased or downloaded the Website including, but not limited to an electronic store and/or its storefronts branded, and owned and/or controlled by Apple or an affiliate of Apple or owned and/or controlled by Android or an affiliate of Android.
Terms of Use
1 Acknowledgement
1.1 The User acknowledges that the Bidder process is facilitated by the Agent.
1.2 The Owner owns the web site that conducts the Bidder process and provides the web site for Sellers and Agents to list property for sale by Private Treaty and for Qualified Buyers to purchase the Property.
2 Terms of use
2.1 These terms of use and the terms of service located at Terms of Service (except those terms that apply to auctions) govern the agreement between Users and the Owner of the web site in relation to the Bidder process.
2.2 These terms of use apply to the extent of any inconsistency between the terms of service located at Terms of Service in relation to the Bidder process.
2.3 Words and phrases used in these terms of use have the same meaning as the terms of service located at Terms of Service except as otherwise defined in these terms of use.
3 Owner’s Service
3.1 The Owner does not conduct the Bidder process. The Owner:
(a) is not an auctioneer or a real estate agent and does not claim to be;
(b) does not own or offer for sale the Property or any property listed on the web site; and
(c) role is limited to providing the web site for the sale of the Property.
3.2 The Owner is therefore not responsible or liable:
(a) in the event that a Seller or Buyer fails to complete a Contract;
(b) for the completion of the sale of a Property;
(c) for the state and condition of any Property listed on the web site; and
(d) for verifying a Property listed on the web site.
4 Commencement of Bidder
4.1 The Bidder process commences once a Property has been launched on the web site and will prevail until the Property has been sold or withdrawn from the web site.
4.2 Prior to using the web site to place an Offer, it is recommended that Buyers:
(a) obtain independent legal advice on the Contract; and
(b) undertake their own due diligence on a Property including without limitation building, pest and strata inspections and searches.
5 The Bidder Process
5.1 A Buyer must become a Qualified Buyer to participate in the Bidder process and use the web site.
5.2 Subject to any applicable law to the contrary, the Seller has instructed the Agent to only accept offers made by Qualified Buyers in accordance with these terms of use. Any offers made on a Property that do not comply with this clause and the terms of use will not be passed on to the Seller.
5.3 In order to become a Qualified Buyer, the Buyer must, prior to the Final Bidding Stage:
(a) visit www.bidder.com.au
(b) create and verify an account;
(c) select the Property in the web site; and
(d) enter their Pending Offer in the web site including their full names, contact details and any terms and conditions.
5.4 In taking the steps to become a Qualified Buyer, the Buyer warrants to the Seller, the Agent and the Owner of the web site that the Buyer previously had the opportunity to:
(a) inspect the Property and undertake due diligence on the Property and is satisfied with the Property (subject to any terms and conditions in their Pending Offer);
(b) obtain independent legal advice on the Contract and in relation to purchasing the Property.
5.5 In the Campaign Offer Stage on the web site, other Qualified Buyers can join the Bidder process.
5.6 Throughout the Campaign Offer Stage, any Qualified Buyer may improve their Offer Price through the web site.
5.7 The Final Bidding Stage commencement date and time will be displayed on the web site to Qualified Buyers.
5.8 Prior to the Final Bidding Stage, the Agent will determine whether:
(a) the Buyer is eligible to participate in the negotiation for the Property based on the Seller’s instructions; and
(b) If so, the Buyer will become a Qualified Buyer and the Agent will approve the Qualified Buyer on the web site.
5.9 The Buyer acknowledges that the sale by Bidder is not an auction and that the Agent and the Seller have the authority to sell the Property to any Qualified Buyer at any time, and that they might not have the chance to improve their Offer.
5.10 Once the Agent approves the Qualified Buyer on the web site, the web site will:
(a) send a confirmation notification to the Qualified Buyer;
(b) show when the Final Bidding Stage will commence; and
(c) provide them with a Unique Identification Number that will be used to identify them in the web site.
5.11 Qualified Buyers are entitled to participate in the Bidder on the basis that:
(a) any Offer made on the web site using a Qualified Buyer’s Unique Identification Number will be deemed to have been made by that Qualified Buyer;
(b) during the Main Bidding Stage and the Final Bidding Stage the Agent may determine a minimum sum by which any Offer must exceed and no Offer will be accepted that does not meet that requirement;
(c) Subject to the laws in the Jurisdiction the Agent may reveal on the web site the Offer Price made by a Qualified Buyer or that an Offer has been made on the Property;
(d) during the Final Bidding Stage, the web site will set a time limit during which Qualified Buyers may consider whether or not to make an Offer;
(e) each Qualified Buyer will compete with other Qualified Buyers such that the Winning Buyer of the Property will be the Qualified Buyer who has had their Offer accepted by the Seller as the Winning Offer;
(f) the Seller may not make an offer on the Property either directly or through an agent or other representative;
(g) Dummy Offers and/or encouraging another party to engage in Dummy Offers constitutes a breach of these terms of use and may have serious legal consequences; and
(h) the Qualified Buyer is solely responsible for the operation of the web site, internet access, access to their account, and the making of each Offer in the Bidder process.
6 Final Bidding Stage
6.1 The Final Bidding Stage on the web site will commence at the date and time nominated by the Seller for the Final Bidding Stage to begin, which can be at any time, provided that:
(a) the date and time shall be determined based on the date and time in the place where the Property is located;
(b) if the date and time for the Final Bidding Stage has changed since the Qualified Buyer entered their Offer, the Agent will use reasonable endeavours to contact that Qualified Buyer (at that Qualified Buyer’s contact details) to advise when the Final Bidding Stage will commence.
6.2 During the Final Bidding Stage, the negotiation will be conducted as follows:
(a) Qualified Buyers may choose to make changes to their Offer including, without limitation, further improvements to their Offer Price by increments that have been determined by the Agent;
(b) the web site will display the Unique Identification Number for each Qualified Buyer;
(c) during the Final Bidding Stage, the web site will indicate the time period during which further offers may be made before the Final Bidding Stage ends;
(d) the Final Bidding Stage will proceed, with the Qualified Buyers improving their Offer Price, until all Offers are exhausted within the time period set by the web site or a Winning Offer is accepted by the Seller;
(e) the ultimate Buyer of the Property will be the one who has had their Offer accepted by the Agent on the Website, and has completed a Contract;
(f) the Agent may also pause the time limit for making Offers during the Final Bidding Stage for the purpose of taking instructions from the Seller or conferring with Qualified Buyers, and such a pause will be displayed on the web site and visible to all Qualified Buyers.
7 Formation of contract
7.1 The Winning Buyer must sign (and return to the Agent) a Contract for the Property incorporating the terms and conditions of the Winning Offer within a reasonable timeframe after notice that the Winning Offer has been accepted and no later than any timeframe provided by the Agent.
7.2 If the Winning Buyer fails to comply with clause 7.1 then the Seller is under no obligation to sell the Property to the Winning Buyer and the Winning Buyer may be excluded from further participation in the Bidder process.
8 Dummy Offers
8.1 Dummy Offers and/or encouraging another party to engage in Dummy Offers constitutes a breach of these terms of use and may also constitute fraud and misleading or deceptive conduct and attract serious consequences.
8.2 Any party who becomes aware of the occurrence of Dummy Offers must inform the Agent as soon as possible.
8.3 The Qualified Buyers and Sellers warrant that they will not engage in Dummy Offers nor encourage or permit any other party to engage in Dummy Offers.
9 Users of the web site
9.1 Users of the web site must not disclose their password to any other person nor allow any other person to access the web site on his or her behalf.
9.2 If a User becomes aware of any unauthorised use of the web site, the User agrees to immediately notify the Owner.
9.3 Users must ensure that they have adequate mobile and/or internet coverage to allow access to the web site;
9.4 Users of the web site will not hold the Owner responsible for any loss or damage arising from the misuse, improper use, or unauthorised use of their username and / or password for the web site.
9.5 The Owner reserves the right to deny access to the web site:
(a) in the event any false or fraudulent information is provided;
(b) in the event of any unauthorised use of the web site; and
(c) at its sole discretion.
10 Withdrawal of Property from Sale
10.1 The Seller may instruct the Agent to withdraw the Property from the web site at any point.
11 Withdrawal or Suspension of Bidder
11.1 The Agent may cancel the auction through Bidder including, but not limited to, the Final Bidding Stage, if:
(a) the Agent reasonably considers that a technical problem has occurred with the web site such that the Bidder cannot properly proceed; or
(b) the Agent reasonably considers that one or more Qualified Buyers are experiencing difficulties with the use of the web site such that the auction through Bidder cannot properly proceed.
11.2 The Agent will contact the Qualified Buyers to advise them of a new Bidder Campaign (and a new Final Bidding Stage) provided that upon the auction through Bidder restarting in these circumstances, no Qualified Buyer shall be bound by any prior Offer and shall be free to make an Offer at any amount the Qualified Buyer wishes.
11.3 The Agent may also pause the Final Bidding Stage for the purpose of taking instructions from the Seller or conferring with Qualified Buyers. This pause will be displayed on the web site and visible to all Qualified Buyers.
11.4 The Agent may withdraw or remove Offers that he or she thinks are likely to have been made in error or bad faith, at their complete discretion.
12 Liability and Indemnity
12.1 The Developer, the Owner, Agent and their officers, directors and employees will not be held liable, in any circumstances, for any loss or damages which arise out of:
(a) any use, attempted use and/or any technical failure of the web site;
(b) acting, or failing to act, on any information contained on or referred to on the web site; and
(c) any errors or defects in the web site.
12.2 The Qualified Buyers and the Sellers release and hold harmless the Agent, the Owner and the Developer and their officers, directors and employees from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity arising out of:
(a) any use, attempted use and/or any technical failure of the web site;
(b) acting, or failing to act, on any information contained on or referred to on the web site; and
(c) any errors or defects in the web site.
12.3 Users will indemnify and keep indemnified the Agent, the Owner and the Developer and their officers, directors and employees from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity arising out of any breach of these terms of use by the User.
13 Compliance with Law
13.1 These terms of use are to be interpreted so that they comply with all applicable laws in each Jurisdiction.
13.2 If any part of these terms of use are unenforceable, illegal or void then it is severed and the remainder of these terms of use remain in force.
14 Intellectual Property
14.1 Unless otherwise indicated, the Owner and the Developer owns or has a license to use all intellectual property (including copyright, trademarks and designs) subsisting in the content (including any graphics, images, logos, text, material, software) on the web site.
14.2 Content on the web site must not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted or distributed in any way except as expressly provided for on the web site.
15 Electronic Communication
15.1 All the relevant parties (including Users and Buyers) agree and consent to the provision and receipt of information and signatures, to the production of documents, to the recording of information and to the retention of documents by way of electronic communication or in electronic form.
16 Privacy
16.1 The Developer’s Privacy Policy (available at Privacy Policy) forms part of these terms of use. By using the web site, the User consents to the Developer collecting, handling and using the User’s personal information in accordance with the Privacy Policy.
17 Governing Laws
17.1 These terms of use, and any claims arising out of or in connection with it or its subject matter or formation (including non-contractual claims), are governed by and will be construed in accordance with the laws of the Jurisdiction, and all Users submit to the exclusive jurisdiction of the courts of the Jurisdiction for any matter arising under or relating this these terms of use of their subject matter or formation or the relationships established by them (including non-contractual claims).
18 Definitions
(a) Agent means the licensed real estate agent appointed by the Seller to sell a Property.
(b) web site means the specialised software program designed to facilitate the Bidder process and known as "Bidder".
(c) Buyer means person intending to make an Offer on a Property.
(d) Main Bidding Stage means the stage of the Bidder that commences when the Property is listed on the web site and ends at the earlier of the Property being sold or the commencement of the Final Bidding Stage.
(e) Contract means a contract for the sale and purchase of a Property.
(f) Developer means Bidder.com.au Pty Ltd ACN 654 470 514.
(g) Dummy Offers means false or fictitious Offers made by non-genuine Buyers with no intention of buying the Property and also includes any real estate offer practices prohibited in the Jurisdiction.
(h) Final Bidding Stage means the stage of the Bidder at which Qualified Buyers make competing Offers to purchase the Property through the web site, with a time limit applying to the making of Offers and the process concluding when the Property is sold or all Offers are exhausted.
(i) Jurisdiction means the state, territory, or country (as applicable) in which the relevant Property is located.
(j) Offer includes a Pending Offer, a Qualified Offer and any Offer Price improvements.
(k) Offer Price means the purchase price offered for the Property within any Offer.
(l) Bidder means the process set out in these terms of use according to which the sale of the Property is to be conducted using the web site;
(m) Owner means Bidder.com.au Pty Ltd ACN 654 470 514 being the owner of the web site;
(n) Pending Offer means an opening offer, including the Offer Price, contact details and any terms and conditions made by a Buyer, through the web site, done during the process to become a Qualified Buyer.
(o) Property means a property offered for sale by the Agent on the web site.
(p) Qualified Buyer means a Buyer who has fulfilled the requirements set out in clause 5;
(q) Qualified Offer means a Pending Offer that has been reviewed by the Agent and has met the Agent’s requirements to present it as an offer to the Seller.
(r) Seller means the person entitled to sell a Property and who has appointed the Agent to sell a Property.
(s) Unique Identification Number means the unique identifying number provided by the web site to each Qualified Buyer to allow them to be identified in the web site;
(t) User means any individual or party accessing and/or consuming the content of the web site.
(u) Winning Buyer means the Qualified Buyer who makes the Winning Offer;
(v) Winning Offer means the Offer for the Property made in the web site which has been accepted by the Seller.