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Last Updated: 6 January 2009
Your participation in and use of this auction site is subject to the following terms and conditions. These Terms & Conditions govern the use of the BidMadness.com.au ("BidMadness") web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms & Conditions and to follow these Terms & Conditions and all applicable laws and regulations governing the Site. BidMadness reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms & Conditions, BidMadness may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
NOTE: To Residents of Victoria, Australia
GENERAL TERMS
Defined Terms
Money Box – where the Member’s credits (BidBucks) are kept.
Agreement - means these Terms of Use between the Member and Us.
BidBucks - is the name given to the member's credits which are used to place bids on auctions. BidBucks are redeemed against the Member's Money Box for each bid placed in an online auction on Our Website. One Australian Dollar ($1AUD) is equal to one BidBuck Credit.
BM Credits – free credits given by BidMadness to its members who participate in promotions. BM Credits include Auction Credits, Deposit Credits and Coupon Credits. See our Glossary page for a definitions of these.
Member - means the person who has successfully verified their online registration with BidMadness. A member is also known as a BidManiac.
Our, We or Us - means Bidmadness.com.au or our authorised representatives, or agencies associated with BidMadness.
Site – means the website address being www.bidmadness.com.au or www.bidmadness.com
Legal Capacity
The law states that a minor cannot enter into contracts. By making an online purchase the customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with BidMadness. Should BidMadness suffer any loss or damage, as a result of a transaction entered into by a minor, BidMadness reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
Permitted Use
You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review information, for personal use, unless otherwise specifically authorized by BidMadness to do so. The content and software on this Site is the property of BidMadness and/or its suppliers and is protected by international copyright laws.
Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. BidMadness has no control over these sites or the content within them. BidMadness cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. BidMadness does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer.
By using the Site to search for or link to another site, you agree and understand that you may not make any claim against BidMadness for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at info "at" bidmadness.com.au (replace "at" with "@" when you send the email) and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
Credit Card Fraud
At BidMadness we take online fraud very seriously, and our primary goal is to ensure our many valued customers are assured that transacting with us is a secure, safe and easy procedure.
BidMadness employs the latest in Secure Socket Layer (SSL) technology. We use 256-bit encryption software. This is the highest form of encryption possible and this protects your details as they travel over the internet.
Our secure server software is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of your personal information, including credit card number, name and address, so that it cannot be read as the information travels over the Internet.
We will not enter into any transaction on suspicion of use of fraudulent or unauthorised credit card. This includes suspension and cancellation of the transaction and/or prevention delivery of goods which are the subject of a suspected illegal transaction. BidMadness will take reasonable action to notify relevant authorities and providing all information pertaining to the transaction to facilitate prosecution of the offender.
Disclaimers
BidMadness does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. BidMadness can not ensure that files you download from the Site will be free of viruses or contamination or destructive features.
If an Auction is not capable of running as planned due to any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes), including anything which may corrupt the integrity or proper conduct of an Auction, We reserve the right to cancel, terminate, modify or suspend the Auction.
BidMadness disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. BidMadness will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. BidMadness makes no guarantee of any specific result from use of this Site or use of the BidMadness service.
In the event of war, terrorism, state of emergency, disaster or (without limitation) any other event outside Our reasonable control, We are entitled to cancel, terminate, modify or suspend the Auction.
BidMadness disclaims any and all liability for the acts, omissions and conduct of any third party users, BidMadness users, advertisers and/or sponsors on the Site, in connection with the BidMadness service or otherwise related to your use of the Site and/or the BidMadness service. BidMadness is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to BidMadness at info "at" bidmadness.com.au (replace "at" with @ when you send your email). BidMadness may investigate the claim and take appropriate action, in its sole discretion.
BidMadness does not take responsibility for direct or indirect damages & consequential losses suffered by use of fraudulent or unauthorised credit cards. BidMadness does not take responsibility for direct or indirect damages & consequential losses associated with damage to goods occurring during delivery. The customer shall contact BidMadness to make a shipping claim and BidMadness shall resolve the complaint with the transit insurer. By accepting these terms and conditions, the customer acknowledges that s/he has sufficient notice of this disclaimer, s/he has entered into this transaction and accepted this disclaimer of his or her own free will.
Violation of the Terms
You understand and agree that in BidMadness's sole discretion, and without prior notice, BidMadness may cancel, withdraw, reject, suspend or terminate a Member's access and/or membership to the Site or exercise any other remedy available and remove any unauthorized User Content, if BidMadness believes that the User Content you provided has violated or is inconsistent with these Terms & Conditions, violated the rights of BidMadness, another User or the law. Any funds remaining in the Member's account at the time of suspension, cancelation or termination will not be refunded to the Member.
You agree that monetary damages may not provide a sufficient remedy to BidMadness for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. BidMadness may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. BidMadness is not required to provide any refund to you if you are terminated as a User because you have violated these Terms & Conditions.
Breach of Agreement
BidMadness relies on the information provided by you to register on this site. You breach this agreement if you:
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Have engaged in fraudulent activity in connection with BidMadness's site
- Provided any information that may be false, inaccurate or misleading
- Provided fake email address upon membership registration
- Provided fake names or "spam" type details upon membership registration (for example: "lklklkj" is considered a fake or spam detail when registering as a member)
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Have contravened any law, ordinance, statute or regulation
- Introduced viruses, Trojans, time bombs, easter eggs, worms or cancelbots that may detrimentally interfere with, modify, intercept, damage, delete, access without authority or expropriate any system, data or personal information on the site
- Create a liability for us or cause us to lose the services of BidMadness's ISPs or other suppliers
You breach this agreement if you fail to complete all transactions entered into by you.
You breach this agreement if you use any device, software or routine to bypass interfere or attempt to interfere with the proper working of BidMadness's site or any transaction being conducted through BidMadness's site.
You breach this agreement if you take any action that imposes an unreasonable or disproportionately large load on BidMadness's infrastructure.
You breach this agreement if you copy, reproduce, alter, modify, create derivative works, or publicly display any content from BidMadness's site without the prior express written permission of BidMadness or an authorised third party.
You breach this agreement if you do not comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of BidMadness's service and your bidding on and purchase of items. You must ensure that you comply with all applicable laws. BidMadness does not accept any responsibility for confirming that your activities are lawful.
Privacy
BidMadness takes privacy seriously and as such has taken every precaution to ensure that all personal information collected remains confidential.
BidMadness reserves the right to publish the name of the Winning Bidder of an auction on the Site and other promotional material.
The information that you provide to BidMadness in the registration or bidding process is subject to BidMadness's Privacy Policy as displayed on this Site. By entering a bid you acknowledge that you have read and accepted the terms and conditions of BidMadness's Privacy Policy.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will BidMadness be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if BidMadness has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold BidMadness, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Intellectual Property & Copyright
BidMadness reserves all rights to all intellectual property owned.
None of the intellectual property including text, designs, logos shall be used by any other individual, corporation or group. All information, text, material, designs and graphics on this site is protected by Australian and International copyright and trademarks.
The BidMadness website incorporates the intellectual property of third parties under licence.
Membership to BidMadness is available free of charge to any person aged 18 years or over under the following conditions:- Bidding on Free Auctions and Bonus Auctions is available to any person aged 18 years or over who reside in Australia or New Zealand.
- Bidding on all other auction types on BidMadness is available
to any person aged 18 years or over, except if that person is a resident of Victoria, Australia.
- Purchase of products via BidMadness MadBuy is available to any person aged 18 years or over who reside in Australia or New Zealand.
Membership only occurs when an individual registers their details on the online registration page in a correct and accurate manner, and the registration is verified by the BidMadness system.
Membership registration is considered incorrect and inaccurate when a person enters details which are fake, misleading or "spam like" in nature in the online form fields. Examples of "spam like" or fake details are field entries for names and addresses such as: "kjkjkhk" or "asdsd".
Fake email addresses are also not allowed and will deem the registration as invalid.
An individual is only allowed to have a maximum of three (3) BidMadness Member accounts. Multiple accounts must be registered under different email addresses.
Any Member found to have more than three (3) BidMadness Member accounts either will be informed by email that the extra accounts will deleted and removed from the system. Or, where the extra accounts have a balance in the Money Box, BM Credits and/or Bonus Points, the member will be given the option to spend the remaining balances or consolidate the balances into the preferred three (3) allowable accounts. After the balances have reached zero or the consolidation has occurred, the extra accounts will be deleted and removed from the system.
Any Member who is caught to continually breach this condition will be suspended from any further bidding on BidMadness until such time the Member complies with the conditions set above. If the Member does not comply then BidMadness reserves the right to suspend all of the Member's accounts indefinitely.
Managing Membership Credits
When a member adds funds to their BidMadness “Money Box”, these funds are converted to “BidBucks”. One Australian Dollar ($1) is equal to one BidBuck. Bidding in an auction requires the member to use or redeem one or more, or percentage of a BidBuck. If the total Admin Fee is greater than the amount of BidBucks in a member's Money Box, the member must deposit sufficient additional funds to their Money Box prior to making another bid.
All Members agree that BidBucks within their Money Box are to be spent prior to any Promotional BM Credits being utilised for the payment of Admin Fees in any BidMadness Auction.
All Members agree that Promotional BM Credits are only to be used for the payment of the relevant Admin Fee for Auctions, and may not be redeemed for cash.
Any unused BidBucks in the Member's Money Box account will:
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remain in the account until used within a 4 month period from that date it was deposited; or
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will expire at the end of the 4th month from the date it was deposited. Example: $20 deposited on 1 January is credited to the member's account as 20 BidBucks. This amount or part thereof remaining, will expire on 31 May.
BidBucks can only be used to Bid on auctions offered by Us or for other purposes as described by Us from time to time .
Neither purchased BidBucks or promotional BM Credits can be exchanged for cash or refunded. They can only be used towards Admin Fees on BidMadness Auctions.
Termination of Membership
Members may cancel their membership at any time, however, should the member have any bids placed on an active auction BidMadness cannot terminate the membership until the auction has closed.
Cancellation of membership requires the submission of a written request to “info (at) bidmadness.com.au” (replace "at" with @ when you send your email).
Any unused Money Box BidBucks or BM Credits in the member's account will not be refunded to the member. Any Bonus Points remaining in the Member's account will be forfeited by the Member.
Termination of Bids
BidMadness reserves the right to cancel any Bid without making a refund of the applicable Admin Fee under any one or more of the following circumstances:
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The Bidder provides any false, misleading or invalid information of any kind when registering or purchasing credit or when placing a Bid;
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A fraudulent credit card is used to purchase credit to pay for the relevant Admin Fee(s);
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The bank, PayPal or other credit institution reverses the credit card or monetary transaction for the purchase of credit for the submission of the Admin Fee;
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A Member co-operates or colludes in any way with another Member when placing a Bid; and
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Any other breach of these Terms and Conditions
TRADING TERMS & CONDITIONS
Payments
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All payments from members must be done via PayPal or Direct Deposit.
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Payments must be made within 10 days from the date of the auction close date. If payment is not received within 10 days, BidMadness reserves the right to cancel the transaction.
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BidMadness accepts PayPal, Direct Deposit, VISA, MasterCard (via PayPal).
All Prices include GST and are quoted in Australian Dollars.
Delivery
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BidMadness is able to deliver within Australia and New Zealand at this stage.
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Unless otherwise stated, goods delivered within Australia are shipped free of charge and are are covered by transit insurance and requires signature upon delivery.
- Shipping to New Zealand is not free and will be subject to Australia Post international delivery fees. New Zealand members who win an auction will be quoted the shipping price at the time the auction closes.
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Where BidMadness decides to charge for delivery on particular products being auctioned, the delivery charge will be clearly stated on the related auction page.
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BidMadness will deliver the products to the Winning Bidder within 10 days of the Bidder's funds being cleared into BidMadness's nominated account.
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At times, BidMadness may not be the actual supplier of the products and/or services. Delivery of the product and/or service may be made directly from the suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this Agreement.
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Majority of our items are shipped with Australia Post. Some larger items and depending on destination are shipped with selected leading nation wide couriers. We strive for prompt and safe shipping right around Australia.
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Products lost in transit will be replaced upon completion of investigation with Australia Post or Courier company.
- Because we are a multi vendor seller, we ask for 10 days shipping time from the date of payment, although in most cases delivery is much quicker than this.
If you have not received your item after 10 days of shipping please email us at info "at" bidmadness.com.au (replace "at" with "@" when you send the email).
Warranty, Replacements & Returns
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All product warranties are provided directly by the manufacturer.
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If the Member receives any products that are damaged or faulty, BidMadness will happily organise an exchange for the Member as long as the product is returned to Us within 14 days of the Member receiving the product.
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Products within 14 days from the date of dispatch which are Dead on Arrival (DOA) will be replaced or repaired.
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Products damaged in transit must be reported to us within 24 hours of receipt of product.
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Dead on Arrival (DOA) products must be returned back to us within 7 days.
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Replacement product will only be shipped after the faulty item has been received by BidMadness.
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For all assistance with warranty and returns please email to info "at" bidmadness.com.au (replace "at" with "@" when you send the email).
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BidMadness is not liable under this warranty where in the Seller’s reasonable opinion a defect is caused by fair wear and tear by careless or improper handling, non-adherence to operating instructions, improper installation or by other abuse or misuse caused by the Customer or a third party.
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BidMadness reserves the right to charge the Customer, at the Seller’s current hourly rate, for the cost of examining the Product if such examination by the Seller reveals that the Product is not defective.
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BidMadness is not liable under this warranty where any defect, loss or damage is caused to the Product during delivery or shipping.
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Returns or replacements do not include postage and/or handling charges and all such charges are at the expense of the Member.
Refunds
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In the event that the product supplied to the Winning Bidder does not comply with the description of the product auctioned by BidMadness, BidMadness will offer a refund only if We are unable to replace the item with another item of same or equal value, and if We are contacted within 14 days from the invoice date. No refunds are offered after 14 days.
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The only occasion a refund of Admin Fees will be granted is when an auction is cancelled. In this case, any Admin Fee charged to members who bid on the cancelled auction will be refunded into the member’s Money Box account. BidMadness will not make any cash refunds under any other circumstances.
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Refunds will not be issued if returned goods arrive back to BidMadness damaged. In this instance BidMadness will send an equal replacement.
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Refunds will not be issued if you have changed your mind about the goods.
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Refunds do not include postage and/or handling charges and all such charges are at the expense of the Member.
- Refunds will be issued by BidMadness by Direct Deposit or PayPal.
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Where a refund is authorised, there may be a delay of up to, and possibly exceeding, 28 days from the authorisation date.
Legitimate Claims
In cases where the claim by a customer is legitimate BidMadness will, in its absolute discretion:
- Repair the Product or pay for the cost of having the Product repaired;
- Replace the Product a maximum of two (2) times at the Customer’s request;
- Supply an equivalent Product; or
- Pay for the cost of replacing the Product or acquiring an equivalent Product.
- However, BidMadness will not issue refunds in the event that the customer changes his or her mind. Refunds will only be issued to the extent required by the Trade Practices Act 1974(Cth) and Sale of Goods Act 1958(Vic). Nothing in these Terms and Conditions is to be taken as an express or implied repudiation of the Seller's obligations under these pieces of legislation.
Retention of Title
It is expressly agreed and declared that the Product delivered by BidMadness to the Customer remains the sole and absolute property of BidMadness as legal and equitable owner until all money due to BidMadness has been paid to BidMadness, but such Product will be at the Customer's risk from the time of dispatch of the Product to the Customer.
PROMOTIONS
Promotional Credits and Points
BidMadness may, at any time, undertake promotional campaigns which may provide Members with the opportunity to earn promotional Credit amounts in monetary or point value. These Credits or Points which may be termed but are not limited to "Free Credit/Points", "Bonus Credit/Points", "Discount Credit/Points", "BM Credit/Points" are for use only on BidMadness and may not be redeemed for cash or any other method. Where specified these promotional Credits or Points may be valued for a stated and/or limited period.
Promotional Campaigns
At the full discretion of BidMadness, Promotional Campaigns may be conducted that may or may not include the awarding of Promotional Credits or Points. These campaigns may or may not run for a specified time and may be terminated or extended without notice to BidMadness Members.
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