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Terms & Conditions
OZEBID Pty Ltd trading as ozebid.com.au
A division of Private Lender Linited
TERMS & Conditions
Last Updated 11/11/2017
Australasia Residents ONLY:
At this time we only service Australia New Zealand and the Pacific Area under the constellation of the Southern Cross, so we do not allow anyone outside of these areas to participate in our auctions.
If you join and are not a resident of Australia New Zealand Pacific Area your account will be immediately disabled.
We plan to expand globally in the future and will send out notifications when this comes about.
OZEBID employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as OZEBID employees may not under any circumstances participate in OZEBID auctions.
OZEBID products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
2. You may register only once with OZEBID, and You must provide a postal address where YOU reside (P.O. boxes or similar arrangements are not permitted).
You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other OZEBID users.
Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other OZEBID users.
Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
3. You are solely responsible for the
activity that occurs on your Account, and you must keep your Account password
secure. You must notify OZEBID immediately of any breach of security or
unauthorized use of your Account. Although OZEBID will not be liable for your
losses caused by any unauthorized use of your Account, you may be liable for
the losses of OZEBID or others relating to any such unauthorized use.
4. Either you or OZEBID may at any time terminate your Account, for any reason or no reason, with or without notice.
5. Without limitation to Number 4, above, if you do not use your Account for more than 12 months, your Account shall be considered "Inactive" and subject to termination by OZEBID. Except where prohibited by law, all credits held in an Inactive Account shall expire on the first anniversary of the last credits you placed using your Account.
6. To request an Account and/or participate in any Auction (including the placing of a credit or purchasing a Product using our Buy Now), you must be legally capable of entering into binding contracts and be at least 18 years old.
7. OZEBID Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers.
8. Each User shall be liable for all activities that are undertaken using his or her Account.
(I) your use of the Website as permitted is solely for the purposes expressly agreed upon by OZEBID;
(II) you will not copy or distribute any part of the Website in any medium;
(III) you will not alter or modify any part of the Website; and
you will otherwise comply with the terms and conditions of
10. You agree not to use or launch any automated
system, including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a manner that
sends more request messages to the Website servers in a given period of time
quicker than a human could reasonably produce in the same period by using a
convention on-line web browser.
12. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by OZEBID.
13. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any OZEBID page.
14. You agreed not to disclose your password to any third party or permit any third party to access your Account, not including Facebook or Facebook Connect.
15. You may not sell, license, or otherwise transfer your Account, except by operation of law; provided, however, you may transfer to other eligible users of OZEBID (i.e., users who are at least 18 years of age and who either have a valid Account or open a valid Account) unused Credits that are returned to you.
Purchase of Credits
1. Bids are purchased in advance in the form of "Bid Packages." OZEBID reserves the right to offer different size Bid Packages at different times. Should You not honor a payment, You will be charged a returned payment fee. OZEBID reserves the right to block access to a user's account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received.
2. Payment for Bid packs shall be made by credit/debit card or such other payment solutions identified on the Website.
3. Neither Credits nor Bid Packs are transferable, except by operation of law; provided, however, you may transfer to other eligible users of OZEBID (i.e., users who are at least 18 years of age and who either have a valid Account or open a valid Account) unused Credits and Credit Packs that are returned to you.
4. If any payment by a User for Bid Packs or Products is returned or dishonoured, the User will be charged a fee equal to $20.00, which is a fair approximation of OZEBID costs and expenses of such return.
limitation to any other rights or remedies, OZEBID reserves the right to
disable such User's Account until all obligations are paid in full.
5. Bids are a limited license to participate in OZEBID auctions and have no monetary value.
You may not obtain any money in exchange for Bids; however, OZEBID has a limited return policy with respect to purchased Bid Packages.
For 180 days after purchasing a Bid Pack, You have the right to a full refund for the purchase price of the unused bids remaining in the Bid Pack.
Voucher and Free Bids are not eligible for a refund.
To the extent there are unused Bids in Your account, and there has been no activity for one year, You will be charged an inactivity fee of five (5) Bids per month for each inactive Bid Pack. All Bids expire after two years of inactivity.
we delete Bids we will not reinstate them, except at our discretion.
6. Users are prohibited from using any software not authorized by OZEBID, including "robots."
Placing a Credit
You may participate in two ways on OZEBID - Bids may be placed by manually clicking on the BID button available in various areas of the website.
may also be placed automatically by configured by our Lazy Loader.
Unless explicitly authorized by OZEBID, no third party or custom software may be used to place Credits. Doing so will result in immediate disqualification from use of OZEBID and the closure of your account.
Every auction is unique and the results of all auctions offered on OZEBID depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.
Acceptance of the Win / Payment
1. After an auction has ended, You must actively confirm under my account, won auction and pay the total price for the won auction.
Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed as accepted and paid within seven days of the auction end date, OZEBID may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item.
If OZEBID does this, all bids placed in that auction will be deemed expired and will be non-refundable. After confirming or accepting the win and paying the total amount due, the winner will receive a confirmation e-mail.
The item will not be sent to You until the total price has been paid to OZEBID.
invoice containing the auction price and shipping costs will be sent to You by OZEBID
once delivery has been arranged.
2. Upon payment of the applicable purchase price, the shipping costs (if applicable), and taxes, OZEBID, shall initiate the shipment of the Product to the shipping address information supplied by the winner.
Website has more details on shipping limitations and restrictions.
3. If OZEBID is not able to deliver the Products purchased, OZEBID shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the purchase price (plus any shipping charges and CA sales taxes paid).
4. Except for audio or video recordings and computer software, including video games, any Product purchased from OZEBID may be returned within seven (7) days of shipping arrival, in original condition with all original packaging and material.
5. If A system outage has occurred unforeseeable disruption in a system. In such instance, Auctions will be temporarily halted and the current price and the current highest placed credit will be maintained. After the disruption has been resolved, the Auction will be continued. Bids placed on a temporarily halted Auction shall not be credited back on a user's account and are not eligible for a refund for Bids used or other costs incurred.
6. OZEBID provides no assurance or promise for the constant and uninterrupted availability of the Website and technical systems. Without limitation to any other disclaimer set forth herein, OZEBID shall not be liable for any damage that occurs due to Bids submitted by Users not being received by OZEBID or not being received promptly or not being considered, as a consequence of technical faults.
OZEBID allows winners the right to cancel or return an order in accordance with OZEBID Returns Policy, which OZEBID may change from time to time in OZEBID sole discretion.
If You cancel an order to which the cancellation provisions apply, You will be entitled to a refund of the auction end price (including shipping costs if no items have been shipped) You have paid even if the goods are not defective in any way.
Bids placed on the auction are not eligible for a refund.
cancellation rights end 14 days after the day the winner received the
goods or a notification that the goods are ready for collection.
Some exceptions may apply.
If an exception does apply, it will be noted on the auctions return information on the individual auction page.
include Free Bids, Coupons, and Voucher
Bids. If You are found to be in bad standing due to fraudulent behaviour,
excessive refund requests, or other such behaviour, You are deemed to be in
If You wish to cancel an order, You must inform OZEBID by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted.
following contact detail must be used: email@example.com
In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You unless goods are found to be defective.
will not accept a return if You are unable to return the service or product
received or are only able to return it in part or in a damaged or used
Should OZEBID incur additional costs for insufficient postage on the return; these costs will be deducted from any previous payment remitted by You.
Should OZEBID not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by OZEBID in its sole discretion, or receive a refund of the auction end price (including shipping costs, if any) You have paid.
Deliveries are made exclusively to all states Australia Wide
Some restrictions or higher shipping costs may apply for deliveries to New Zealand and the Pacific Area. You 0will be advised accordingly.
Unless otherwise stated, delivery will be made directly from our supplier to the address provided by You.
times vary; therefore, any time provided is only a guide. OZEBID shall be
entitled to involve third parties to satisfy its contractual obligations
without being required to notify the buyer. Obvious damage to the item from
transport or packaging damaged during transport must be reported to OZEBID upon
Payment / Retention of Title
You agree that the item delivered shall remain OZEBID' property until OZEBID receives payment in full, including shipping costs and bids used in the auction.
1. User Disputes. You are solely responsible
for your interactions with other Users. OZEBID reserves the right, but has no
obligation, to monitor disputes between you and other Users.
2. Eligibility. Using the Services and/or purchasing Bids, Packs, or Products is void where prohibited. You represent and warrant that you are at least 18 years of age. Bids that are otherwise assignable hereunder may not be transferred or assigned to anyone in violation of law.
4. Non-Returnable Credits. If we are unable to return to you any Credits, contemplated herein (including because you change your address or e-mail and do not notify us of such change), then except where prohibited by law, such non-returnable credits will expire one year following our attempted return.
5. Registration. You may be required to open an Account in order to access some or all of the Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps.
6. Non Commercial Use by Users. The Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OZEBID. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by OZEBID.
7. Disclaimers. OZEBID is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. OZEBID is not responsible for the conduct, whether online or offline, of any User. OZEBID assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or Products. OZEBID is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall OZEBID be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND OZEBID EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. OZEBID DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE BEATS, AND/OR THE SERVICES.
8. Limitation on Liability. IN NO EVENT SHALL OZEBID OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF OZEBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OZEBID' LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO OZEBID FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
10. Final Value Fee. By definition as winners must pay for the item being auctioned, not unlike any other traditional auction. The per-bid fees are no different than other entrance fees in traditional auctions, or other American Traditions which courts have ruled are not gambling.
11. Void Where Prohibited. OZEBID administers and operates the Website from its location; other OZEBID sites may be administered and operated from various locations outside the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. OZEBID reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on OZEBID is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
of Warranty and Liability Regarding Use of OZEBID
You agree that use of OZEBID is at Your sole risk. Neither OZEBID nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by OZEBID, or the like, warrant that websites affiliated with OZEBID, including, but not limited to, OZEBID, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on OZEBID may contain inaccuracies or typographical errors. OZEBID makes no warranty as to the results that may be obtained from the use of OZEBID or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through OZEBID. OZEBID shall not be responsible for any opinions, views, advice, or statements posted on OZEBID (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized OZEBID spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized OZEBID spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OZEBID WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM OZEBID OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT OZEBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OZEBID.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON OZEBID SERVICES OR ITEMS PURCHASED THROUGH OZEBID, FROM INABILITY TO USE OZEBID' SERVICES OR ITEMS PURCHASED THROUGH OZEBID, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OZEBID' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of OZEBID, You should discontinue Your use of OZEBID.
Disclaimer of Warranty and Liability Regarding Purchases from OZEBID
All new products are sold with the manufacturer's limited warranty only. OZEBID warrants solely that the products sold to You under these terms shall have the characteristics specified in OZEBID' specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to OZEBID. Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, OZEBID MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY OZEBID OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT OZEBID SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY OZEBID. IN NO EVENT SHALL OZEBID BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
System Outage / Temporarily Paused Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auction will be credited back to Your account; however, OZEBID is not responsible for any other costs incurred by You due to a system outage. OZEBID reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. OZEBID, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. OZEBID shall not be liable for any damage incurred by auction users or third parties from using OZEBID' services. In particular, OZEBID shall not be liable for damage that occurs due to bids not being received by OZEBID, not being received promptly, or not being considered as a consequence of technical errors.
Service and Support for Products Purchased
Applicable Law / Severability Clause
in any way limiting the "Dispute Resolution" requirements set forth
be brought only in a federal or state court sitting in Montana. You agree to
accept the jurisdiction of such courts.
OZEBID will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.
VOID OUTSIDE OF THE AUSTRALIA.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If You open an account or participate in auctions offered by OZEBID while located in a prohibited jurisdiction,
agree that OZEBID cannot be held liable if laws applicable to You restrict or
prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites.
links are provided strictly for Your convenience and do not constitute an endorsement
or approval of these websites. We assume no liability for the content of
external links. The operators of the sites linked to and from this site are
solely responsible for their contents. We cannot take any responsibility for
the content, protection, or privacy guidelines of third-party websites.
Note: Placing bids online at www.OZEBID frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly.
© 2013 ozebid.com.au all Rights Reserved.
ozebid.com.au, images and symbols are the exclusive properties, trademarks and tradenames owned by Ozebid. Designated trademarks, logos and brands are the property of their respective owners.