BidLocal’s Terms and Conditions (“Terms and Conditions”) carefully. By accessing www.BidLocalAZ.com (“Website”) or by participating in an online auction, You signify Your consent to both these Terms and Conditions and the conditions of BidLocal Privacy Policy (“Privacy Policy”). These Terms and Conditions constitute a binding legal agreement between You as the user (“You”, “Your” “Buyer” or “Seller”) and BidLocal, subsidiaries, affiliates, and Our commonly owned affiliated companies (Collectively, “BidLocal”, “We”, “Us” or “Our”). These Terms and Conditions set forth the legally binding terms for Your use of the BidLocal’s services and shall apply to all users of the Website. BidLocal reserves its rights to enforce all terms of sale included in accordance with the Terms and Conditions. We reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the Website. The date of the Terms and Conditions are stated at the top of the Terms and Conditions. We reserve the right to modify or withdraw this Website (or any part) at any time without notice.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THIS WEBSITE AND THE ONLINE SERVICES PROVIDED.
Online Service is a MarketPlace Only
The Website exists as an online auction site and is a marketplace for Buyers to bid on new and used items from Sellers independent of BidLocal. We do not at any time hold or have in possession any of the items listed for sale on the Website. We do not verify the auction postings for accuracy or veracity of the Seller’s postings, nor the Buyer’s capability of completing the transaction. All Buyers and Sellers are responsible for their own due diligence when completing a transaction during/after an auction on the Website. We are neither responsible for, nor involved in, the completion of said transactions.
Participation in the Online Service
You can browse the Website at any time without registering. Buyers and Sellers are required to register on the Website. The Services are only available to individuals who are:
aged 18 years and over (and by registering and accepting these Terms and Conditions You represent to Us that You are not a minor and can form legally binding contracts under applicable law); reside in the Phoenix metro area (and by registering and accepting these Terms and Conditions You represent to Us that You either reside or are located in the Phoenix metro area); and If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms and Conditions. Without prejudice to Your warranty, We reserve the right to ask You for written authority from the business entity before registering any business entity. You agree to ensure that Your registration details are up to date and accurate and to update any details when necessary using the Website. You warrant and undertake to Us that all the information supplied to Us on registration is true and accurate. We reserve the right in our sole discretion to refuse any application to register and access the Services and to temporarily or indefinitely suspend any registered Buyers and Sellers.
User Name and Passwords
You are solely responsible for keeping Your personal user name and password secure and confidential. You should not share, display, disclose or permit Your user name or password to be disclosed to any other party. User names cannot include email addresses, the name of a business, or use offensive or vulgar language. You are responsible for use of the Services when access to the Services is obtained through the use of Your user name and password whether authorized or unauthorized. You agree not to impersonate any other person or entity or use any false name or use any other person’s user name and password to access the Services. If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the Services, then You must notify Us immediately. You agree and warrant that You will implement and comply with the above procedures.
Cancellation or Suspension of Account
You may cancel Your account on the Website at any time. If you wish to cancel Your account contact Us and We will assist you. If you violate these Terms and Conditions, We may: (a) suspend Your account; (b) cancel Your account. If We suspend or cancel Your account, We will notify you by email.
Fees and Listing Terms
It is free to create an auction listing on the Website. However, BidLocal does charge Sellers seven percent (7%) of the purchase price for its services (“Seller Fees”). BidLocal will email Seller an invoice and Seller Fees will be deducted automatically from Seller’s account on the 15th of every month. This does not include the 3% Paypal charges of 2.9% +$.30. As a Seller, you are obligated to pay all fees due for auction listings as outlined above. If you attempt to avoid or eliminate fees or potential fees by contacting a Buyer outside the parameters of the Website or bypassing the Website to complete any transaction, you will be in violation of the Terms and Conditions and BidLocal reserves the right to legal recourse. Listings cannot include anything on the Prohibited Items List. Sellers are responsible for providing detailed description and quality of the item including any damage, imperfection, or any other information necessary for Buyer to make a fully informed decision to purchase. All listings must include city and major cross streets as to provide Buyers with an approximate pick-up location. Posting personal and identifying information anywhere in your listing is strictly prohibited. This includes phone number, address, email or business location. Questions and answers regarding an item are posted publicly. Posting personal and identifying information in this section of the Website is prohibited by both Sellers and Buyers. Please note, Sellers will be unable to edit an auction listing after bidding has started on an item. If bidding has started on an item, Seller may withdraw an item from auction only with a written explanation to BidLocal.
Bids and Buyers
As a Buyer You acknowledge and agree that a bid or a request to buy any item is a legal offer to buy the item.Each proposed bid amount does not have to be in whole dollar amounts. The minimum bid increase is $1.00 USD. Buyers can retract a bid for any reason prior to the close of an auction. When you have submitted the highest bid amount during the selling period of an item, you will receive an e-mail notifying you that you have submitted the highest bid amount and You will have 24 hours thereafter to pay for Your item. If Buyer does not pay within 24 hours, Seller has the right to relist the item. Purchased items will not be shipped. Buyer is responsible for picking up purchased items within 3 days from the close of the auction. If Buyer does not pick up the item, the Seller will be refunded and may relist the item. Buyer is responsible for inspecting the item upon pick-up and may cancel the purchase of the item if the item does not work or is not in the condition stated in the listing. The cancellation must be made within _3__ days from the close of the auction. Once the buyer takes possession of the item, it can no longer be canceled by either party. Buyers with a history of not paying, cancelling or not picking up items will be tracked by BidLocal and will either be suspended or terminated.
Payment
All payments must be made by major debit/credit card. Upon winning the auction, payment of the full purchase price must be made within 24 hours and prior to delivery of the item. Payment for the auction will be processed through PayPal (PayPal allows direct credit card w/out a PayPal account, simply click the Debit/Credit link on the PayPal screen).
Rating and Review
To provide a trusted online auction site for all Our customers, We use ratings and reviews. This is Your opportunity to share Your experience with BidLocal. You can only give a rating and write a review after you have completed an auction. We believe in free speech, transparency, and clear communication. Our system is based on trust, and trust comes from honest discussion. So, We ask you to keep to the facts when writing a review. The best reviews give constructive information that will help others make good decisions. We will not tolerate personal insults or opinions that are irrelevant. All reviews may be checked by BidLocal and We will remove or alter a review if We find that it violates Our guidelines.
SUSPENSION/Termination
BidLocal reserves the right, at its sole and absolute discretion, to permanently terminate Your access to Your account at any time effective immediately, with or without notice, if We determine or suspect You have violated these Terms and Conditions, any laws, or the rights of other users or third parties. In the event of termination by BidLocal in connection with Your breach of these Terms and Conditions, BidLocal may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, You agree that if BidLocal, in good faith and in its sole discretion, determines that You have breached these Terms and Conditions, BidLocal may cancel all current bids placed.
Indemnification
You agree to indemnify, defend, and hold BidLocal and its members, managers, directors, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of BidLocal or any of the services offered by BidLocal, (ii) any violation of these Terms and Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
Interruption of Service.
BidLocal shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website. 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. You acknowledge that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Website, We, in Our sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of BidLocal shall be final.
Liability Regarding Unforeseeable Events.
Under no circumstances shall BidLocal be held liable for any delay or failure in this Website and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of BidLocal. This includes, but not limited to, any third party associated with BidLocal or the services provided by BidLocal.
Trademark
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Website belong to BidLocal or are used with permission. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that BidLocal will aggressively enforce its intellectual property rights to the fullest extent of the law.
Governing Law
You agree that this Terms and Conditions and any dispute arising out of Your use of the Website or Our Services shall be governed by and construed in accordance with Arizona law, without regard to its conflict of law provisions. By registering or using this website and Service you consent and submit to the exclusive jurisdiction and venue of Maricopa County, Arizona.
Waiver and Severability of Terms
The failure of BidLocal to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Any of these terms and conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining terms and conditions or affecting the validity or enforceability of such terms and conditions in any other jurisdiction.
No Right of Survivorship and Non-Transferability
You agree that Your BidLocal account is non-transferable and any rights to Your BidLocal account or contents within Your account terminate upon Your death.
Contact info
If you have any questions about these Terms and Conditions, please email us at: [email protected]