Terms and Conditions
1. Overview
The following Terms and Conditions shall apply exclusively to the business relationship between BidBiz Networks Limited, its auction site accessible at the URL www.bidrodeo.com ("BidRodeo") and its users ("User"). By using BidRodeo, the User accepts the following Terms and Conditions. The specific manner in which BidRodeo operates is described on the www.bidrodeo.com.
2. Participation
Employees and relatives of employees of BidBiz Networks Limited are not eligible to participate in BidRodeo auctions.
Each User may create only one BidRodeo user account ("Account"). The User shall be liable for all activities that are undertaken using the Account. Users are responsible for ensuring that their Account is secure by using a strong password and by not sharing that password with anyone. BidBiz Networks Limited shall not be responsible for lost passwords and consequences thereof.
Users need to log out of their Account after they are done using it.
A User must be at least 18 years old (or the age of majority in his/her jurisdiction) in order to register and use an Account on BidRodeo.
During the registration process, the User must choose a username. The username must not be offensive, may not offend common decency or infringe upon the rights of third parties. BidBiz Networks Limited reserves the right to review and change usernames when it sees fit.
Accounts are not transferable and/or assignable.
The Account may be used only by the User and not by anyone else. Any abuse of the Account will result in the disqualification of the User and the termination of the Account without prior notice. Any illegal activity conducted on BidRodeo will be reported to the proper authorities and all information shall be forwarded to said authorities.
Using multiple accounts to bypass limits or gain benefit of one-time offers is prohibited. Collusion is prohibited. Multiple Users from the same household are not allowed to bid on the same auction.
BidBiz Networks Limited reserves the right to temporarily or permanently disqualify a User, or disable their account at any time, and at its sole discretion when in a reasonable opinion of BidRodeo a User has violated The BidRodeo Terms and Conditions and/or any laws of third parties.
In case of a breach of these Terms or any other laws/regulations, BidBiz Networks Limited reserves the right to withhold deliveries or refunds for bids without exception.
3. Bid Purchasing
In order to take part in an auction, the User must have bidding rights ("Bid Credit") in his account. Bid Credits must be purchased and paid for by Users prior to online bidding or may be credited to an Account by BidBiz Networks Limited.
Payment can be made by credit/debit card or via payment agents such as PayPal. Should a payment not be honored by a User, a returned payment fee will be charged. The User will be responsible for these fees. BidBiz Networks Limited reserves the right to block access to the 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 is received in full.
4. Bidding
A bid ("Bid") is an entry in an auction placed at a specific time for a particular price.
A Bid can be submitted by manually clicking on the "Bid" button, or the BidBuddy can be used to automatically place bids on the User's behalf. Once a bid is submitted it is permanently deducted from the Bid Credit balance in the Account.
Using any 3rd party software, such as auto-bidders or sniping programs, to place Bids on auctions is explicitly forbidden.
BidRodeo has an automated bid placing system ("BidBuddy") in place which allows Users to place bids on their behalf. The BidBuddy allows a User to place Bids on an auction without the User's intervention. The BidBuddy automatically submits bids according to the specifications set in advance by the User. The User has to specify a minimum price, maximum price, and the maximum number of bids for a BidBuddy. The BidBuddy places bids regardless of whether the User is interacting with BidRodeo. More information about the specific functions of the BidBuddy is available in the help section of BidRodeo.
The system determines a time for processing BidBuddy bids between 10 and 3 seconds left on the auction. Any BidBuddies which have not placed their maximum number of bids, have a minimum price less than or equal to the current auction price, and have their maximum price greater than or equal to the current auction price, will place bids. If more than one BidBuddy can place a bid at a price, the BidBuddy which has been set up earlier will go first. If multiple BidBuddies overlap, they will continue placing bids in rapid succession until only one BidBuddy is able to place bids according to its specifications. BidBuddy placed after BidBuddy processing has taken place will not place a Bid unless the auction time is extended above 10 seconds and another round of BidBuddy processing occurs.
One User cannot set up multiple BidBuddies which overlap in their price ranges. At certain times, the system may be processing prior BidBuddies and may not allow addition of new BidBuddies because an overlap would occur, although the user interface may not reflect any active BidBuddies. Such a situation is normal and the User is advised to place manual Bids if he wishes to continue bidding.
5. Auctions
With each submitted Bid, the auction price will increase by the amount specified in the auction. The end time of the auction will be extended by the interval specified in the auction, extending the auction timer. A Bid submitted by the User constitutes an offer from that User to BidBiz Networks Limited to conclude a contract to purchase the item.
The User who was the last to submit a valid bid before the auction end time has passed ("Winning Bidder") wins the auction. The Winning Bidder is determined based on the records in BidRodeo's database and the determination of BidBiz Networks Limited regarding who is the last bidder shall be final. The Bid will be recorded in BidRodeo's database at the time and in the order as it arrives on BidRodeo's server(s). Bids arriving on BidRodeo's server after the auction end time will be considered late, regardless at which time the bids were initiated in the client's web browser. All bids placed by Users, or BidBuddies on behalf of the User, on the auction are non-refundable.
6. Buy Now
For certain items, the User will have the option to purchase the item right immediately at a price pre-determined by BidRodeo.com in what is referred to as a 'Buy Now' option. The User can purchase the item right away at the set price without waiting for the auction to end.
The User agrees and acknowledges that the set price shall not be the same as the auction price and commits to purchasing the item at the pre-determined price.
The User agrees and acknowledges that once the Buy Now option has been selected he/she shall be responsible for purchasing the item and will be charged accordingly.
7. Win Limits
One person is limited to winning five (5) auctions per week, unless otherwise stated. After a person has won five auctions in one particular week, they will not be allowed to place any more manual bids or add BidBuddies to auctions which are ending before the end of the week. A week is defined to start at midnight between Saturday and Sunday and ends at 11:59:59 PM on Saturday night. BidBiz Networks Limited reserves the right to change the won-auction limit at any time without prior notice.
8. Acceptance of the Win / Payment
After the auction end time passes, the Winning Bidder will have the option to purchase the merchandise presented on the auction for the end price of the auction. In certain clearly marked auctions, the end price of the auction may be discounted or set to a fixed price, in which case the end price will differ from the end price of the auction.
Shortly after an auction has ended, the Winning Bidder can go to the "Auctions I've Won" section in the "My Account" portion of BidRodeo. The User may initiate the item purchase by clicking on the "Buy" button. Information such as total price (including shipping costs and/or taxes) and payment options and shipping addresses will be displayed. The User must select a shipping address for the item. The User must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button and payment has been received, the auction win is confirmed and the item order is placed. If an auction win has not been confirmed and paid within 21 days of the auction end date, BidBiz Networks Limited reserves the right to withdraw the offer and to conclude the contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable. The User must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.
The item will not be sent to the User until the total price has been paid to BidBiz Networks Limited. If the User has purchased bids but they were not properly paid for, the item will not be sent to the User until payment for the bids is received. Should bids that have already been purchased and used not have been paid for, payments received shall first be credited for the bids not yet paid for. We reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full.
9. Delivery
Unless otherwise stated, delivery will be made directly from our warehouse or our suppliers to the address provided by the User. We deliver to the United States as well as internationally. Some restrictions or higher shipping costs may apply if the delivery address is outside of the contiguous 48 states - this will be clearly noted on the auction details screen. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed.
Should BidBiz Networks Limited not be able to deliver the item ordered, BidBiz Networks Limited shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a payment in lieu of the item.
In certain cases, at the User's request, a payment will be made in lieu of delivering the won item. The amount of the payment shall be the market price available from a leading Internet retailer, minus 10%.
10. Returns and Cancellations
The User has the right to cancel an item order before it has been shipped, for a refund of the auction purchase price, shipping and handling, and/or tax. After an item order has been canceled, the User forfeits their right to purchase the item that was won on this auction. An item order can be canceled by contacting support at support@bidrodeo.com.
A BidRodeo RMA (Return Merchandise Authorization) number is required in order to return any item for a refund. An RMA number can be obtained from BidRodeo by contacting support@bidrodeo.com.
Unopened items can be returned for a full purchase price refund within 14 days of the shipment date. In order to be eligible for a refund, the item will need to be accompanied by the original invoice (included with shipment) and the RMA number. To initiate a return, contact support@bidrodeo.com.
Faulty items can be returned for a full refund within 14 days of the shipment date, if the item was received in a faulty state. In order to be eligible for a refund, the item will need to be accompanied by the original invoice (included with shipment) and the RMA number. If an item is deemed to have been damaged after receipt, it will be considered a damaged item and cannot be returned.
Opened items can be returned for a refund within 14 days of the shipment date, if the item is in a new condition. A 15% restocking fee will be deducted from the purchase price for opened items that were not received in a faulty condition. In order to be eligible for a refund, the item will need to be accompanied by the original invoice (included with shipment) and the RMA number. If an item is deemed to be damaged through use or neglect by the User, it will be considered a damaged item and be subject to the terms below.
All returned items must be in their original packaging and must be accompanied by all media, manuals, accessories and contents of the original packaging. Sets/boxes can only be returned in their entirety.
Should BidBiz Networks Limited incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer.
11. Retention of Title
The item delivered shall remain property of BidBiz Networks Limited until payment is received in full of the total price, shipping and handling, and any applicable taxes, including for the bids used in the auction.
12. Disclaimer of Warranty and Limitation of Liability regarding the Use of BidRodeo
USER EXPRESSLY AGREES THAT USE OF BIDRODEO'S INTERACTIVE WEBSITE IS AT USER'S SOLE RISK. NEITHER BIDBIZ NETWORKS LIMITED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BIDRODEO WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDRODEO, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BIDRODEO.
BIDRODEO IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDBIZ NETWORKS LIMITED CLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BIDBIZ NETWORKS LIMITED DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BidBiz Networks Limited IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL BIDBIZ NETWORKS LIMITED, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BIDRODEO AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BIDRODEO. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BIDRODEO.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BIDBIZ NETWORKS LIMITED NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED on BIDRODEO, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, BIDBIZ NETWORKS LIMITED, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
13. Disclaimer of Warranty and Limitation of Liability regarding Purchases from BidRodeo
All new products are sold with the manufacturer's limited warranty only. BidBiz Networks Limited warrants solely that the products sold to User under these terms shall have the characteristics specified in BidRodeo's 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 mailed to BidRodeo. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BidBiz BIDBIZ NETWORKS LIMITED MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BidBiz Networks Limited OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
BidBiz Networks Limited SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDBIZ NETWORKS LIMITED IN NO EVENT SHALL BIDBIZ NETWORKS LIMITED BE LIABLE TO ANY 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.
14. System Outage
A system outage has occurred if bidding has been disrupted for a majority of Users due to an unforeseeable disruption in the server system. If an auction ends during a system outage, BidBiz Networks Limited reserves the right to invalidate the auction, credit back all the used Bids to the Users' Accounts, and invalidate the Winning Bidding, and refund any money that was paid for the won auction.
In certain situations, auctions on BidRodeo may be paused. The length of time of the pause may vary. After the auctions become unpaused, the total time of the pause will be added to each paused auction timer, plus an additional 2 minutes.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical faults"). BidBiz Networks Limited, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 11, BidBiz Networks Limited shall not be liable for any damage whatsoever incurred by Users or third parties from using BidRodeo's services. In particular, BidBiz Networks Limited shall not be liable for damage that occurs due to Bids submitted by Users not being received by BidRodeo or not being received promptly or not being considered, as a consequence of technical faults.
BidBiz Networks Limited is not responsible for and cannot be liable for problems originating outside of BidRode's servers or its immediate network uplinks.
15.Chargeback Procedure
BidBiz Networks Limited, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately.
All chargebacks are taken seriously and will be investigated. If a chargeback is made for a valid payment to BidRodeo, the chargeback will be vigorously disputed. The User will be liable for any money owed after the conclusion of the chargeback procedure, plus a $30.00 chargeback fee.
16. Service and Support for Products Purchased
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
17. Applicable Law
This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of Delaware. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware.
18. Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
19. Acceptance of Terms and Conditions
By registering an Account on BidRodeo and logging in it will be deemed that the User has fully read and accepted all the Terms and Conditions.
19. Variations
BidBiz Networks Limited reserves the right to amend the Terms and Conditions listed. Any changes will be notified BidBiz Networks Limited to all registered Users by email.
It is User's responsibility to ensure all your details are up to date at all times - BidBiz Networks Limited will not be held responsible for any User not receiving notifications for out of date records held for the User in our database.
20. General
The contract between BidBiz Networks Limited and Users is binding on the parties and on their respective successors and assigns. The User may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without prior written consent from BidBiz Networks Limited
BidBiz Networks Limited has the right to revise and amend these Terms and Conditions in its absolute discretion. All Users will be subject to the policies and terms and conditions in force at the time that they have successfully bid on auctions listed on the BidRodeo website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority.
BidBiz Networks Limited is the owner or licensee of all intellectual property rights on the BidRodeo website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the BidRodeo website for commercial purposes.
This Agreement and any operating rules for BidRodeo established by BidBiz Networks Limited constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Note:
Due to the paid nature of bids, BidBiz Networks Limited would like to advise all users to monitor their bidding practices.
Bidbiz Networks LTD
Room 606, Fook Cheong Building
63 Hoi Yuen Road
Kwun Tong, Hong Kong
or
Bidbiz Networks LTD
27 Old Gloucester Street
London, UK
WC1N 3AX
