Terms and Conditions

These terms and conditions (“User Agreement”) are a legal agreement between you and MotoBidder.Com Pty. Ltd. ACN 131 621 586 ("MotoBidder", "we" or "us") which makes available on the MotoBidder web site (“Site”) information provided by third parties (including advertisements to sell cars or other products or services, valuation information, links to third party web sites, etc.). This User Agreement sets out your and our rights and obligations relating to this site and the services we offer through it (together "MotoBidder Service"). Although, the MotoBidder Service may generally be referred to as an on line auction web site, MotoBidder is not an “auctioneer”. The MotoBidder Service is only an on line advertising venue enabling buyers and sellers to communicate and offer, sell and buy motor vehicles at any time and from any where in a fixed price, tender or auction style format often referred to as an on line Transaction.

YOU ACKNOWLEDGE AND AGREE THAT MOTOBIDDER IS NOT INVOLVED THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS (NOR IS IT THE AGENT, PARTNER, JOINT VENTURER, EMPLOYEE OR OTHER SIMILAR RELATIONSHIP OF EITHER OF THEM) AND NEITHER THE BUYER NOR SELLER HAVE ANY AUTHORITY TO BIND MOTOBIDDER OR ANY RELATED ENTITY OR AFFILIATE.

You should read this User Agreement carefully and in full before registering for the MotoBidder Service. By registering for the MotoBidder Service you agree to be bound by this User Agreement and each time you use the MotoBidder Service you confirm your agreement to the then current MotoBidder terms and condition. Please print a copy of this User Agreement and keep it safe for future reference.

1. INFORMATION ABOUT US
The MotoBidder Service is operated by MotoBidder.Com Pty. Ltd. Please note the following information about us: We are a limited company registered in Australia under company number 131 621 586 and have our registered office at 166 Church Street, Brighton Victoria 3186.

2. SERVICE AVAILABILITY
Our site is only intended for use by users resident in Australia (“Serviced Territory”). We do not accept registrations from users outside the Serviced Territory.

3. USER AGREEMENT
This User Agreement includes the following which you must read and accept:
3.1. the rules governing the bids, offers and transactions that are made using the MotoBidder Service (collectively called “Transactions”"), which we refer to as our “Transaction Rules” ( click here ) ; and
3.2. our Privacy Policy ( Click here )

4.YOUR STATUS AND GENERAL OBLIGATIONS
4.1. By registering for the MotoBidder Service, you warrant that:
4.1.1. you are legally capable of entering into binding contracts (and where you are registering on behalf of a partnership, trust, company or other body corporate, you confirm that you have authority to bind that entity to this User Agreement);
4.1.2. you are at least 18 years old;
4.1.3. all of the information that you provide to us, both when registering for the MotoBidder Service and at all other times, is complete and accurate and you are responsible for this information. You acknowledge MotoBidder is merely a conduit for the on line distribution and publication of your information;
4.1.4. you agree to keep that information up-to-date by notifying us of any changes immediately, either by updating your account information or by emailing us at accounts@motobidder.com.
4.1.5. you and the business on whose behalf you are registering are resident the Serviced Territory; and
4.1.6. you are accessing our site from that Serviced Territory. If you do not qualify you must not use the MotoBidder Service.
4.2. Your user name and password are personal to you and may not be used by anyone else to access the MotoBidder Service or your account with us. You must not do anything that would assist anyone who is not a registered user to gain access to any registration area of our site, the MotoBidder Service or your account with us. You must maintain control of your account and are responsible for what occurs on that account. If you believe that someone may be using your user name and password fraudulently you should notify us by emailing abuse@motobidder.com immediately.
4.3. You must make sure that you keep the email address that you have registered with us up-to-date at all times. If you change email address, you must update your details with us immediately.
4.4. To participate in a Transaction (as defined in paragraph 4.1.1), you must be legally able to enter into contracts for the sale or purchase of motor vehicles.

5. PERSONAL DATA
5.1. We will gather, use and disclose personal, contact and payment data you have registered with us in accordance with our Privacy Policy (Click here ).
5.2. By registering with us for the MotoBidder Service, by participating in a Transaction, and by agreeing to this User Agreement, you also give your consent to the way we may handle your personal data as set out in our Privacy Policy (Click here ).
5.3. You agree not to use information about other MotoBidder Service users that you obtain from using the MotoBidder Service, from us or from another MotoBidder Service user except to participate in Transactions through the MotoBidder Service. You agree (without limitation) to use information concerning other MotoBidder Service users only for the purposes of participating in a Transaction with those users and not to send them unsolicited messages or to harass them.

6. TRANSACTION RULES
6.1. All Transactions that take place using the MotoBidder Service are governed by our Transaction Rules ( click here ).
6.2. By entering into this User Agreement and by participating in a Transaction you confirm that you have read, understood and agree to the Transaction Rules ( click here )).
6.3. If you are participating in a Transaction (either as the seller, a potential buyer or the final buyer) the content of all statements that you make (both on the MotoBidder Service and in any communications with other MotoBidder Service users) must:
6.3.1. be complete, accurate and not misleading;
6.3.2. be content you are legally entitled to use; and
6.3.3. be directly relevant to the subject-matter of the Transaction, and not relate to anything else (for example, such statements must not be used as a means of general communication with other MotoBidder Service users) and may not be used to advertise or promote anything that is not the subject of the Transaction.
6.4. If you are participating in an Transaction as the seller:
6.4.1. you warrant that you are legally entitled to pass ownership in any item (“Item”) that you offer for sale by including it in a Transaction listing;
6.4.2. you must accurately describe each Item in the listing on the MotoBidder Service and you are liable for any errors, misrepresentations or omissions in your description both in contract and under legislation such as the Trade Practices Act 1974 (Cth) and similar state legislation. Any maker’s name, marque or other indication of origin or manufacture which you include in the listing must be
completely accurate, and not capable of misleading any MotoBidder Service user;
6.4.3. you must include each Item listing all of the contractual terms and conditions which apply to that Transaction;
6.4.4. you must ensure that the sale of any Item, the listing itself, and all activity or communication (including any posting of User Feedback in accordance with paragraph 7) you make in connection with any Transaction will not:

infringe the intellectual property (including, without limitation, copyright, database right or trademark) of any other person or entity;
breach any applicable law, whether criminal, tortious or otherwise, applicable in Australia and in any country from which they are posted;
be potentially or actually harmful to MotoBidder or any third party (including containing any defamatory material or identify or which can be used to identify a person unless you have obtained that person’s authority);
advocate, promote or assist any unlawful act (for example copyright infringement or computer misuse);
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
contain any material which is obscene, offensive, hateful or inflammatory;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be likely to deceive or mislead any person; or
give the false impression that it emanates from us.

6.5. If you are selling or offering to sell a motor vehicle on behalf of the owner or if you are a motor vehicle trader or dealer, you may be required to be licensed by an appropriate governmental authority in which case you must be so licensed prior to registering with the MotoBidder Service and by registering you agree that your are appropriately licensed. To the best of MotoBidder’s knowledge persons falling in the following categories may be deemed to be motor vehicle traders or dealers requiring the appropriate licensing:
6.5.1. in Victoria: you (whether as a principle or agent) buy, sell or exchange, or offer to buy, sell or exchange, 4 or more motor cars in any 12 month period;
6.5.2. in New South Wales: you have sold, or offered for sale, more than 4 motor vehicles within a 12 month period;
6.5.3. in Queensland: you sell used motor vehicles or used motor vehicles on consignment as an agent for others for reward; negotiate, under a consultancy arrangement, for a person who is not a motor dealer or an auctioneer for the purchase or sale of a used motor vehicle;
6.5.4. in Western Australia: you buy or sell vehicles as a principal or agent;
6.5.5. in the Australian Capital Territory: you buy, sell or exchange motor vehicles as a business or more than 6 vehicles in any 12 month period;
6.5.6. in Tasmania: you conduct a business selling vehicles or sell more than 6 cars in 12 months;
6.5.7. in South Australia: you sell, offer or expose for sale at least 4 second hand vehicles during a 12 month period; and
6.5.8. in the Northern Territory: you sell at least 4 vehicles during any 12 month period. MotoBidder provides this information only as a form of assistance to advertisers and will not accept any responsibility in relation to this information and recommends that affected advertisers seek appropriate professional advice. If you are not appropriately licensed you must not use the MotoBidder Service.
6.6. If you are a commercial advertiser the following laws may apply to you:
6.6.1. in Victoria, s.29 of the Fair Trading Act (Vic) requires you to identify yourself in your advertisement by publishing the name and address of the business, the business registration or licence number, or the business name registration number. If you fail to publish these details then we must keep a record of your name and address for at least 12 months; and
6.6.2. if you are a commercial advertiser in Tasmania, s.23 of the Fair Trading Act 1990 (Tas) prohibits you from listing your address as a private box number unless the advertisement also includes the business’ name and business address or the name and residential address of the person who has rented or obtained the private box number.
6.7. We reserve the right (but are not required) to verify the availability of Items offered for sale, and to verify any information contained in any posts on the Site. You agree that we may access your records and systems and contact you for the purposes of verification or clarification. You agree to promptly provide such additional information as we reasonably require.

7. USER FEEDBACK
7.1. As user identification on the internet is difficult MotoBidder wants to enhance the integrity of the MotoBidder Service by enabling MotoBidder Service users who participate in a Transaction to comment on the other MotoBidder Service user who participated in the Transaction (“User Feedback”).
7.2. All User Feedback must:
7.2.1. be accurate (where it states facts);
7.2.2. be genuinely held (where it states opinions); and
7.2.3. comply with applicable law in the Australia and in any country from which they are posted.
7.3. User Feedback must not:
7.3.1. be potentially or actually harmful to MotoBidder or any third party (including containing any defamatory material)l or that might undermine the integrity of the User Feedback system;
7.3.2. infringe the intellectual property (including, without limitation, copyright, database right or trademark) of any other person or entity;
7.3.3. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
7.3.4. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.3.5. contain any material which is obscene, offensive, hateful or inflammatory;
7.3.6. promote violence;
7.3.7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.3.8. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
7.3.9. be likely to harass, upset, embarrass, alarm or annoy any other person;
7.3.10. be likely to deceive any person; or
7.3.11. give the false impression that it emanates from us.

8. INTELLECTUAL PROPERTY
8.1. In this paragraph 8, the following words have the meaning given to them:
8.1.1.“Content”: all artwork, text, information, data, software, executable code, images, audio or video material in whatever medium or form provided to us by you for incorporation in our Site, whether as an Item listing, User Feedback or otherwise.
8.1.2.“Intellectual Property Rights”: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the
nature of unfair competition rights or rights to sue for passing off.
8.1.3.“Marks”: any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans, whether or not registered.
8.1.4.“Visitor”: a visitor to our site.
8.1.5.“Derivative Works”: original content created by MotoBidder which is contained on our Site that is based on the Content.
8.2. Subject to paragraph 8.3, during the term of this User Agreement, you grant to us a nonexclusive world wide, perpetual, irrevocable, royalty free, sublicensable (through multiple tiers) licence to distribute the Content in the Serviced Territory on our site in return for us providing you with the MotoBidder Service. For the purposes of this licence, we shall only be taken to have used the Content in a particular jurisdiction where the Content or our Site is directed at that country. Access by a Visitor outside the Serviced Territory shall not constitute a breach of the licence.
8.3. The licence granted under paragraph 8.2 permits us to:
8.3.1. modify, electronically reproduce and distribute, and publicly display the Content on our site;
8.3.2. reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in advertisements for, and in marketing and promotional materials related to, our site; and
8.3.3. make Derivative Works, reproduce, publicly display and distribute such Derivative Works in conjunction with the Content through our site, including in any media now known or hereafter developed.
8.4. You warrant to us that the Content complies with the requirement of paragraphs 6.4.2, 6.4.3, 6.4.4, 7.2 and 7.3, and that it:
8.4.1. does not violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);
8.4.2. is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
8.4.3. does not violate any laws regarding unfair competition, anti-discrimination or false and misleading advertising; and
8.4.4. does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
8.5. We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party or any breach of any law.
8.6. Notwithstanding anything to the contrary contained in this User Agreement, if we reasonably believe that any Content may create liability for us, we may remove such Content as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
8.7. We retain all Intellectual Property Rights in our site, the Derivative Works and our Marks, and nothing in this contract shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
8.8. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this licence, nothing shall be construed to grant to us any right, title or interest in or to the Content.
8.9. Any and all Visitor data (such as name, address and e-mail address) collected through any user registration process or otherwise shall be owned by us.
8.10. You shall indemnify and keep us indemnified against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Content and/or your Marks infringe Intellectual Property Rights belonging to a third party. We shall:
8.10.1. promptly notify you in writing of any such claim or action;
8.10.2. make no admissions or settlements without your prior written consent; and
8.10.3. give you all the information and assistance that you may reasonably require to defend against any such claim or action (provided you reimburse our costs of doing so).

9. NO RIGHT OF CANCELLATION.
The service we provide to sellers is basically the posting of their Item listings on the MotoBidder Service. As we will do this promptly upon receiving your Item listing, you agree and acknowledge that you have no right to cancel an Item listing during the cooling-off period (if any) that is provided for certain purchases under any state, territory or federal legislation.

10. FEES AND TAXES
10.1. If you are participating in a Transaction as the seller:
10.1.1. you agree to pay to us the fees we specify for Transactions completed on the MotoBidder Service. Details of our fees are contained, or referred to, in the Transaction Rules ( click here ). You acknowledge and agree that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that this is clearly stated at the time of listing an Item; and
10.1.2. if you do not pay fees on time, we may suspend or terminate (at our discretion) the MotoBidder Service provided to you; and/or we may charge late payment fees and collection costs of $50.00.
10.2. Where GST is applicable on any Items you advertise the advertised price must either be inclusive of GST or, if the advertised price is exclusive of GST, indicate the GST payable on each Item. and each advertisement must specify these details.

11. MOTOBIDDER'S ROLE.
11.1. MotoBidder is not a party to any Transactions nor is it the agent, partner, joint venturer, employee of any such party, and we only provide a platform and a venue for Transactions. We are not the seller or supplier of any of the motor vehicles detailed in Item listings and do not have any of the legal obligations that may apply to the sellers of such motor vehicles. MotoBidder is neither responsible nor liable for the behaviour of, or the Items offered for sale or supply by, the seller.
11.2. MotoBidder has no control over or responsibility for:
11.2.1. the quality, condition, road-worthiness or any other aspect of motor vehicles listed for sale on the MotoBidder Service;
11.2.2. the truth or accuracy of Item listings;
11.2.3. whether the seller can or will supply and pass good title to any motor vehicle; or
11.2.4. whether MotoBidder Service users who agree to buy Items can or will pay for them.
11.3. MotoBidder does not pre-screen Item listings.
11.4. MotoBidder cannot and does not control the completion or validity of Transactions. Whilst MotoBidder Service users are prohibited from doing so, some may provide information, or otherwise behave, in a way that is unreliable, illegal, or in breach of their obligations under this User Agreement.
11.5. MotoBidder provides the Site and the MotoBidder Services on an “as is” basis, and without any warranty or condition, express or implied, to the maximum extent permitted by law and we specifically disclaim any implied warranties of title, merchantability and fitness for purpose unless we are required to provide such warranties by law.
11.6. If parties to a Transaction are engaged in a dispute, MotoBidder encourages those parties to try and resolve the dispute. To facilitate this MotoBidder may at its sole discretion attempt to assist the parties to communicate with each other in an attempt to resolve the dispute between them provided always in this and all other situations MotoBidder does not accept any liability in respect of any such assistance or your involvement in any mediation arbitration, tribunal hearing, court or other proceedings (of whatsoever nature) with a buyer or seller (as the case may be) in any way arising out of or in any way connected with your Transaction. MotoBidder may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you against MotoBidder for any matter arising out of any MotoBidder Service transaction or otherwise in respect of this User Agreement.

12. UNAVAILABILITY OF THE MOTOBIDDER SERVICE
12.1. We reserve the right to withdraw or amend the MotoBidder Service we provide without notice.
12.2. We do not guarantee uninterrupted, continuous or secure access to the MotoBidder Service.
12.3. You acknowledge that there may be times when the MotoBidder Service becomes unavailable, whether on a scheduled or unscheduled basis.
12.4. We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.

13. WITHDRAWAL OF ITEM LISTINGS, TRANSACTIONS AND/OR MOTOBIDDER SERVICE
You understand and agree that we may in our sole discretion (but without any obligation to do so) to withdraw any Item listing or Transaction that appears, based on our assessment or on information received from third parties or other MotoBidder Service user, to be in breach of this User Agreement. We also reserve the right to withdraw Item listings, to close Transactions early, to extend them, or to terminate entire services, where we have other compelling legal or technical reasons to do so (including technical difficulties experienced by MotoBidder or on the internet generally). Where reasonably practical, we shall provide reasonable advance notice to you of any such steps MotoBidder is to take.

14. MISUSE
14.1. You understand and agree that we may in our sole discretion suspend or terminate any your account if you are, or appear to us to be, in breach of this User Agreement (including, without limitation, through the provision of false registration details or other misuse of MotoBidder Service), and to suspend or withdraw all of your Item listings and Transactions.
14.2. If your account is suspended or terminated account you must not re-register for the MotoBidder Service without our prior consent.

15. FRAUD AND CONCERNS ABOUT ITEMS LISTINGS
15.1. We may from time to time in our sole discretion (but without any obligation to do so) check whether Items in any listing are suspected to have been stolen or of being sold illegally, based on checking against databases maintained by us or third parties, law enforcement authorities, or historical data available to MotoBidder.
15.2. If you have any concern about an Item listing posted by another MotoBidder Service user, please let us know by sending us an email to fraud@motobidder.com.

16. OUR LIABILITY
16.1. We will use reasonable skill and care in making the MotoBidder Service available to you. Otherwise, to the maximum extent permitted by law, the MotoBidder Service is provided without any warranties or guarantees. In particular, we do not warrant that the MotoBidder Service, our site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we will do our best to provide constant, uninterrupted access to the MotoBidder Service, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
16.2. Our liability in connection with the MotoBidder Service and to you under this User Agreement is strictly limited to the greater of the amount of fees you pay to us for the Transaction giving rise to the liability or $500.00.
16.3. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising out of or in connection with this User Agreement. and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
16.4. This does not include or limit in any way our liability for any breach of this User Agreement by MotoBidder (unless that breach was caused by you) or for any negligence by MotoBidder or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability (including under the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation).

17. INDEMNITY
You agree to indemnify MotoBidder against all claims, demands, damages, costs, penalties, expenses (including reasonable legal expenses) and liabilities made by any third party that may arise from:
17.1. any breach of this User Agreement by you (including any matter relating to your MotoBidder account);
17.2. any willful, unlawful or negligent act or omission by you;
17.3. the publication of any information (including an advertisement) supplied by you;
17.4. the sale or offering for sale of any Item; or
17.5. your violation of the rights of any third party;

18. EVENTS OUTSIDE OUR CONTROL
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1. strikes, lock-outs or other industrial action.
18.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
18.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.2.5. impossibility of the use of public or private telecommunications networks.
18.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
18.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

19. WRITTEN AND OTHER COMMUNICATIONS
Sometimes applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. All communications between you and us must be in English.

20. NOTICES
All notices given by you to us must be given to MotoBidder.Com Pty. Ltd. at enquiries@motobidder.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 19. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e- mail, that such e-mail was sent to the specified e-mail address of the addressee.

21. TRANSFER OF RIGHTS AND OBLIGATIONS
21.1. The User Agreement between you and us is binding on you and us and on our respective successors and assigns.
21.2. You may not transfer, assign, charge or otherwise dispose of a User Agreement with us, or any of your rights or obligations arising under it, without our prior written consent.
21.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a User Agreement with you, or any of our rights or obligations arising under it, at any time during the term of the User Agreement.

22. WAIVER
22.1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 20 above.

23. SEVERABILITY
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

24. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
24.1. We have the absolute and sole discretion to modify or amend this User Agreement and the Transaction Rules ( click here ) from time to time and such modifications and amendments will be binding upon you once displayed on the Site. You should regularly check the terms and conditions of the User Agreement.
24.2. If you do not wish to be governed by an amended version of this User Agreement or the Transaction Rules ( click here ), you must cease to use the MotoBidder Service.

25. ENTIRE AGREEMENT
25.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. To the maximum extent permitted by law, all other terms whether express or implied re excluded.
25.2. We each acknowledge that, in entering into the User Agreement, neither of us has relied on any representation, undertaking or promise given by the other and nothing may be implied from anything said or written in negotiations between us prior to the User Agreement except as expressly stated in these terms and conditions.
25.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

26. LAW AND JURISDICTION
This User Agreement will be governed and construed the laws of the State of Victoria and you irrevocably submit to the exclusive jurisdiction of the Courts of that State.

27. INTERPRETATION
In this Agreement where the context permits a reference to “you” includes any one acting on your behalf or with your express or implied authority.

MotoBidder.com Australia is a venue which enables buyers to easily trade with sellers.

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