Terms of Use

Terms of Service

Effective Date: [Insert Effective Date]

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE BIDCONG WEBSITE (“WEBSITE”) OPERATED BY BIDCONG. BY ACCESSING OR USING THE WEBSITE, YOU (“USER”) AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

1. Introduction

1.1 Parties.
These Terms of Service govern the relationship between BidCong, an online auction platform (hereinafter “BidCong,” “we,” “us,” or “our”), and any individual or entity accessing or using our platform (hereinafter “User,” “you,” or “your”).

1.2 Purpose.
BidCong provides an on-line auction platform where registered Users can list items for auction, place bids, and purchase auctioned items. These Terms set forth the complete, legally binding agreement regarding your use of the Website.

1.3 Amendments.
We reserve the right to amend, modify, or update these Terms at any time. Any changes will be effective upon posting the revised Terms on the Website. Continued use of the Website following the posting of any changes constitutes your acceptance of such changes.

2. Eligibility and Registration

2.1 Eligibility.
By using the Website, you represent and warrant that you are at least 18 years old, or the legal age of majority in your jurisdiction, and are fully able and competent to enter into these Terms. If you are using the Website on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

2.2 Registration and Account Security.

  • Certain features of the Website may require registration as an account user.
  • You agree to provide accurate, current, and complete information during registration and update such information as necessary.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.
  • You agree to immediately notify BidCong of any unauthorized use or security breach of your account.

3. Auction Listings and Bidding

3.1 Auction Listings.

  • Users may list items for auction provided such items and listings comply with all applicable laws and these Terms.
  • BidCong reserves the right to remove or refuse any listing that violates these Terms or is deemed objectionable at our sole discretion.

3.2 Bidding.

  • Placing bids constitutes your legally binding offer to purchase the item subject to the auction terms set by the Seller.
  • You acknowledge that BidCong is not a party to any transaction emerging from the bidding process.
  • BidCong does not guarantee the accuracy, relevance, or authenticity of the listing information provided by Users.

3.3 Winner Determination.

  • The highest bid at the close of an auction, subject to any reserve prices or Buyer’s premium policies specified in the auction listing, shall be deemed the winning bid.
  • The winning bidder agrees to complete the purchase transaction as specified in the auction listing.

4. Payment and Transaction Terms

4.1 Payment.

  • Payment for any auction item proceeding from a winning bid shall be made in accordance with the terms specified in the auction listing or subsequent invoice from the Seller.
  • Payment methods accepted will be those listed on the Website. You agree to comply with any additional payment instructions.

4.2 Fees and Charges.

  • BidCong may charge fees, including listing fees, final value fees, or other charges associated with the use of the Website.
  • All fees will be as specified on the Website at the time of use, and you agree to pay all applicable fees.

4.3 Tax Obligations.

  • Users are solely responsible for the payment of any taxes, duties, or other governmental charges related to your transactions.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use.
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website.

5.2 Prohibited Activities.
Without limiting the foregoing, you agree not to:

  • Use the Website in any manner that could interfere with, disrupt, or negatively affect the functioning of the Website.
  • Engage in fraudulent, deceptive, or misleading practices.
  • Violate any applicable local, state, national, or international law, regulation, or ordinance.
  • Post or transmit any defamatory, obscene, offensive, or unlawful material.

6. Intellectual Property

6.1 Ownership.

  • All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of BidCong or its licensors and is protected by copyright, trademark, and other intellectual property laws.
    6.2 Limited License.
  • Subject to your compliance with these Terms, BidCong grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use.

6.3 Prohibited Use.

  • You shall not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content without the express written consent of the owner.

7. Disclaimers and Limitation of Liability

7.1 Disclaimer of Warranties.

  • The Website and all content, features, and services provided therein are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied.
  • BidCong expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 Limitation of Liability.

  • In no event shall BidCong, its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, punitive, consequential, or special damages, including loss of profits or data, arising out of or in connection with your use of the Website.
  • In jurisdictions where limitations or exclusions of liability are not permitted, our liability shall be limited to the fullest extent permitted by law.

7.3 No Guarantee of Accuracy.

  • BidCong does not guarantee the accuracy, reliability, or completeness of any content or information provided on the Website. Use such information at your own risk.

8. Termination and Suspension

8.1 Termination by BidCong.

  • BidCong reserves the right to suspend or terminate your access to the Website at any time, with or without notice, for conduct that BidCong, in its sole discretion, believes is in violation of these Terms or is harmful to other users, BidCong, or third parties.
    8.2 User Termination.
  • You may terminate your use of the Website at any time. However, termination of your account does not relieve you of any obligations incurred prior to such termination.

8.3 Survival.

  • Any provision of these Terms which by its nature is intended to survive termination shall remain in full force and effect after termination.

9. Indemnification

You agree to indemnify, defend, and hold harmless BidCong, its affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of or access to the Website;
  • Your violation of any term of these Terms;
  • Your violation of any law or the rights of a third party.

10. Governing Law and Dispute Resolution

10.1 Governing Law.

  • These Terms shall be governed by and construed in accordance with the laws of the State of California, USA without regard to any principles of conflicts of law.

10.2 Dispute Resolution.

  • Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Website, including any question regarding its existence, validity, or termination, shall be resolved exclusively in the state or federal courts located in [Insert Appropriate County], California.
  • You and BidCong agree to submit to the jurisdiction of such courts and waive any objections to jurisdiction or venue.

11. Miscellaneous

11.1 Entire Agreement.

  • These Terms constitute the entire agreement between you and BidCong regarding the use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

11.2 Severability.

  • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3 Waiver.

  • The failure of BidCong to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

11.4 Assignment.

  • You may not assign or transfer these Terms or your rights under these Terms without the prior written consent of BidCong. BidCong may assign these Terms without consent.

11.5 Notices.

  • All notices or other communications required or permitted hereunder shall be in writing and deemed given when delivered personally, sent via email (with confirmation of receipt), or mailed by certified mail, return receipt requested, to the addresses provided by the parties.

11.6 Contact Information.

  • For any questions or concerns regarding these Terms, please contact BidCong at: [Insert Contact Information]

ACKNOWLEDGMENT

By accessing or using the BidCong Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Website.

This Terms of Service was last updated on [Insert Date].

BidCong reserves the right to update or modify these Terms at any time without prior notice.

Please review these Terms periodically for changes. Continued use of the Website after any changes constitutes acceptance of those changes.

End of Document

Terms of Service

Effective Date: [Insert Effective Date]

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and BidCong website ("BidCong", "we", "our", or "us") governing your use of our online auction platform (the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.

1. Acceptance of Terms

1.1 Agreement to Terms: By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any modifications, amendments, or supplements made from time to time.

1.2 Modification of Terms: BidCong reserves the right to modify or amend these Terms at any time. Any changes will become effective upon posting on the Platform. Continued use of the Platform after such changes constitutes your acceptance of the revised Terms.

2. Eligibility and Account Registration

2.1 Eligibility: The Platform is offered only to individuals or legal entities that can form legally binding contracts under applicable law. By using the Platform, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.

2.2 Registration and Account Security: Some areas of the Platform may require registration or the creation of an account ("Account"). You agree to provide accurate, current, and complete information when creating an Account and to update such information promptly if it changes. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify BidCong immediately of any unauthorized use of your Account or any other breach of security.

3. Platform Services

3.1 Description of Services: BidCong is an online auction platform that facilitates the listing, browsing, bidding, and sale of items (the "Auctions"). BidCong acts solely as a venue for transactions between Users, and the Platform's role is limited to facilitating such auctions.

3.2 Auction Process: Users may list items for auction, place bids, and purchase items through the Platform. BidCong reserves the right to establish procedures, rules, and criteria (collectively, "Auction Rules") that govern the operation of each auction. All Users agree to abide by these Auction Rules in addition to these Terms.

3.3 BidCong’s Role: BidCong provides the technical means for the auctions and does not assume any responsibility for the proper listing, bidding, or fulfillment of the transactions conducted on the Platform. The Users are solely responsible for verifying the accuracy, condition, and authenticity of the items.

4. User Conduct and Prohibited Activities

4.1 User Conduct: You agree to use the Platform only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in relevant jurisdictions.

4.2 Prohibited Activities: You agree not to:

  • Engage in any conduct that may disrupt, damage, or interfere with the Platform or its security.
  • Use the Platform for any fraudulent, deceptive, or illegal purposes.
  • Create multiple Accounts to manipulate the auction process or circumvent any bidding restrictions.
  • Infringe on the intellectual property, privacy, or other rights of others.
  • Post or transmit any defamatory, obscene, offensive, or unlawful material.

4.3 Enforcement: BidCong reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates these Terms or engages in any fraudulent, illegal, or harmful activities related to the Platform. Without limiting its rights under these Terms, BidCong may immediately terminate your account and refuse any and all current or future use of the Platform.

5. Payment and Fees

5.1 Payment Terms: Users executing transactions on the Platform are responsible for completing payments for items purchased. Payment methods accepted by BidCong may include credit cards, electronic funds transfer, or other payment methods as specified on the Platform.

5.2 Fees and Charges: BidCong may charge fees for certain services provided on the Platform. All fees and charges are described on the Platform and are subject to change. You agree to pay all applicable fees and charges incurred in connection with the use of the Platform.

5.3 Taxes: You are responsible for all applicable taxes that may be imposed by any local, state, or federal government related to your use of the Platform or transactions conducted through the Platform.

6. Intellectual Property

6.1 Ownership: BidCong and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Platform and all content provided therein. No rights are granted to you other than the limited, revocable license to use the Platform in accordance with these Terms.

6.2 User Submissions: Any feedback, comments, or suggestions submitted by you regarding the Platform ("User Feedback") shall be the property of BidCong. You hereby irrevocably grant to BidCong a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, and worldwide license to use and incorporate any User Feedback in any manner.

7. Disclaimers and Limitations of Liability

7.1 Disclaimer of Warranties: The Platform and all content, services, and information provided are offered on an "as is," "as available" basis without any warranties of any kind, either express or implied. BidCong disclaims all warranties, including, without limitation, any warranties regarding the accuracy, reliability, or availability of the Platform.

7.2 Limitation of Liability: In no event shall BidCong be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, or other intangible losses, resulting from:

  • Your access to or use of, or inability to access or use, the Platform.
  • Any conduct or content of any third party on the Platform.
  • Any transactions conducted on or through the Platform.

7.3 Indemnification: You agree to defend, indemnify, and hold harmless BidCong, its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your violation of these Terms, your User Content, or your use of the Platform.

8. Dispute Resolution

8.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them, including their formation, validity, breach, or termination, shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles.

8.2 Arbitration: Any dispute, controversy, or claim (excluding any dispute regarding the enforcement of this clause) arising out of or in connection with these Terms shall be finally settled by binding arbitration in accordance with the rules of a recognized arbitration forum in California. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

8.3 Class Action Waiver: To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

9. Termination

9.1 Termination by BidCong: BidCong reserves the right to suspend or terminate your account and access to the Platform, in whole or in part, at any time, with or without notice, for conduct that BidCong determines in its sole discretion to be in violation of these Terms.

9.2 Effect of Termination: Upon termination, all rights granted to you under these Terms will immediately cease, and you agree to promptly cease all use of the Platform. Termination will not limit any of BidCong’s rights or remedies available at law or in equity.

10. Miscellaneous

10.1 Entire Agreement: These Terms constitute the entire agreement between you and BidCong concerning your use of the Platform and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

10.2 Severability: If any provision of these Terms is held invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

10.3 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without BidCong’s prior written consent. BidCong may assign these Terms without restriction.

10.4 Notices: All notices or communications provided by BidCong under these Terms will be in writing and deemed given when delivered personally, sent by certified mail, or transmitted via email to the address associated with your account (or such other address as you may designate).

10.5 Waiver: The failure of BidCong to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by BidCong in writing.

10.6 No Third-Party Beneficiaries: These Terms are for the sole benefit of you and BidCong and do not confer any rights or remedies on any third party.

11. Contact Information

If you have any questions regarding these Terms or the Platform, please direct your inquiries to:

BidCong
Email: [Insert Contact Email]
Address: [Insert Physical Address]

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. This document is intended to provide a comprehensive framework for the use of the BidCong online auction platform. It is recommended that you review these Terms periodically. Should you have any questions, please contact us for clarification prior to using the Platform.

This Terms of Service document has been prepared for review by legal counsel and is subject to further modification to ensure compliance with applicable laws and regulations in the State of California, USA.

Terms of Service

Effective Date: [Insert Effective Date]

Table of Contents

1. Introduction

This Terms of Service ("Terms") is a legally binding agreement between BidCong website ("BidCong", "we", or "us") and you ("User", "you", or "your"). These Terms govern your access to and use of the online auction platform provided by BidCong. By accessing or using the platform, you agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must immediately cease all use of the platform.

2. Acceptance of Terms

  • Binding Agreement: By accessing and using the BidCong online auction platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional policies referenced herein.
  • Modifications: BidCong reserves the right to modify, amend, or update these Terms from time to time. Continued use of the platform after any changes constitutes your acceptance of the revised Terms.

3. Eligibility

  • Age Requirement: You must be at least 18 years old to use the platform.
  • Legal Capacity: You represent and warrant that you have the legal capacity, authority, and right to enter into and perform these Terms.
  • Restrictions: Users from any jurisdiction where the operation or use of the platform would be contrary to local law are strictly prohibited from using the platform.

4. User Account and Registration

  • Account Creation: In order to participate in auctions or access certain functionalities, you may be required to register for an account. You agree to provide accurate and complete information during the registration process.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to notify BidCong promptly of any unauthorized use of your account.
  • Termination of Account: BidCong reserves the right to suspend or terminate your account at any time, with or without cause, at its sole discretion.

5. Auction Participation and Bidding

  • Auction Terms: All auctions conducted on the BidCong platform are subject to these Terms as well as any specific auction rules provided on the platform.
  • Bidding Process: When you place a bid, you represent that you are legally bound by the bid amount if you win the auction. BidCong reserves the right to correct any errors in the bidding process or in the presentation of auction items.
  • Winning Bids: In the event of a winning bid, you agree to complete the purchase and fulfill any contractual obligations associated with the auction.

6. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violation of Law: Any conduct that violates any applicable local, state, national, or international law.
  • Fraudulent Behavior: Using the platform for any fraudulent, misleading, or deceptive activities.
  • Interference: Interfering with or disrupting the integrity or performance of the platform, including any data, systems, or networks associated therewith.
  • Infringing Content: Uploading, transmitting, or otherwise making available any content that infringes on any third party’s intellectual property rights.
  • Unauthorized Access: Attempting unauthorized access to the platform, user accounts, or computer systems or networks connected to the platform.

7. Fees and Payments

  • Payment Terms: All payments for auction items shall be processed in accordance with the payment processes provided on the platform. You agree to pay all fees and charges associated with your purchases.
  • Fee Disclosures: BidCong reserves the right to charge fees associated with its services, including, but not limited to, transaction fees. Any such fees will be clearly disclosed to you prior to payment.
  • Refund Policy: Refunds, if applicable, will be processed in accordance with the specific auction terms and any applicable policies or laws.

8. Intellectual Property

  • Ownership: All content, trademarks, service marks, trade names, logos, and data on the BidCong platform are proprietary to BidCong or its licensors.
  • License: Subject to your compliance with these Terms, BidCong grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform for personal, non-commercial purposes.
  • Restrictions: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service without express written permission from BidCong.

9. Privacy Policy

Your use of the platform is also governed by our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the platform, you consent to the practices described in the Privacy Policy.

10. Disclaimer of Warranties

  • “As Is” Basis: The platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
  • No Warranty: BidCong disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  • Risk Assumption: You acknowledge that your use of the platform is at your sole risk, and BidCong does not guarantee continuous, secure, or error-free access to the platform.

11. Limitation of Liability

  • Exclusion of Damages: Under no circumstances shall BidCong, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:- The use or inability to use the platform;- Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Maximum Liability: In no event shall the aggregate liability of BidCong exceed the amount paid, if any, by you to BidCong in the preceding six months for the use of the platform.

12. Indemnification

You agree to indemnify, defend, and hold harmless BidCong, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the platform, your violation of these Terms, or your breach of any representations or warranties made herein.

13. Termination

  • Termination by User: You may terminate your account at any time by following the procedures set forth on the platform.
  • Termination by BidCong: BidCong reserves the right to terminate or suspend your access to the platform, in whole or in part, at any time, with or without notice, for any reason, including but not limited to, violation of these Terms or any applicable law.
  • Effect of Termination: Upon termination, your right to use the platform will cease immediately, and all provisions of these Terms that by their nature should survive termination shall survive.

14. Modifications to the Terms

  • Right to Modify: BidCong reserves the right to modify, amend, or update these Terms at any time.
  • Notice of Changes: Changes will become effective upon posting on the platform, and it is your responsibility to review these Terms periodically.
  • Continued Use: Your continued use of the platform following any modifications constitutes your acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

  • Governing Law: These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law provisions.
  • Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, including breach, termination, or validity thereof, shall be resolved through binding arbitration in California, unless otherwise agreed upon in writing by both parties.
  • Venue: All disputes that are not resolved through arbitration shall be subject to the exclusive jurisdiction of the courts located in California, USA.

16. Miscellaneous Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and BidCong with respect to your use of the platform and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.
  • Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition unless expressly acknowledged in writing by BidCong.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of BidCong. BidCong may assign or transfer these Terms at its sole discretion.

17. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

BidCong Website
Email: [Insert Contact Email]
Address: [Insert Physical Address]

Acknowledgment:
By using the BidCong online auction platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. This document is intended for review by legal counsel and may be amended from time to time in accordance with the procedures set forth herein.

This Terms of Service is provided for general informational purposes and is not a substitute for professional legal advice tailored to your specific circumstances. Please consult with legal counsel if you have any questions regarding its application or interpretation.