Motobidders Terms and Conditions

By accessing or using https://www.motobidders.com You agree to be bound by Our terms and conditions of use that follow below.

  1. Legally Binding Agreement
    1. This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement between Motobidders Pty Ltd (ACN 614 199 129), (“Motobidders”; “We”; “Us” or “Our”) and each User, whether Seller or Buyer (“You”or“Your”) regarding your use of and interaction with our online, web based motor vehicle auction platform, including the website on which it is hosted (the “Motobidders System”).
    2. By using the Motobidders System, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, please do not use the System.
    3. These Terms of Use constitute the entire agreement between the parties and supersede all prior negotiations, representations or agreements, whether written or oral.
    4. This Agreement is effective from the time you use the System and applies until:
      1. it is terminated by either party in accordance with clause 13 below; or
      2. it is expressly revoked by us in writing.
  2. Use of the Motobidders System
    1. This Agreement apply to your use of the Motobidders System.
    2. Subject to you agreeing to this Agreement, and payment of relevant fees under a separate agreement between you and Motobidders to subscribe to the Motobidders System, Motobidders grants you a non-exclusive, non-transferable, licence to use the Motobidders System in the relevant territory in Australia, to:
      1. in the case of sellers (“Sellers”), list motor vehicles for sale on the Motobidders System to allow Buyers to place bids for such motor vehicles; or
      2. in the case of motor vehicle buyers (“Buyers”), place bids on motor vehicles listed for sale by Sellers.
    3. Sellers and Buyers are collectively referred to in this Agreement as “Users”.
  3. Your Account
    1. You must register an account (“Account”) in order to use the full functionality of the Motobidders System, in which you must enter your details, including, without limitation, company name, ABN/ACN and dealer licence number (“Account Information”).
    2. While we will take every precaution in keeping your Account Information secure, no data transmission over the internet can be guaranteed as fully secure and accordingly, we cannot guarantee or warrant the security of any information you provide through the Motobidders System. You understand that any information you provide over the internet is at your own risk.
    3. You agree that you will keep your Account up to date. If any of your Account Information changes after you have registered your Account, you must update your Account Information in your Account as soon as possible after any changes which affect your Account Information.
    4. Upon registering an Account, you may choose a user ID and unique password (“Authorisation Details”) which will allow you to access the full functionality of the Motobidders System relevant to your Account. It is your responsibility to keep your Authorisation Details secure, and you must immediately notify us of any unauthorised use of your Authorisation Details or Account, or any other breach of security. We will not be liable for any loss or damage which arises as a result of your non-compliance with this clause4.
    5. You agree, however, that we will not be liable to compensate you for any loss, cost, expense, damage or liability which may be incurred as a result of, in relation to, or in connection with any use of your Account without your consent.
    6. For the purposes of these Terms, any use of the Motobidders System which can be attributed to your Account is deemed to be use of the Motobidders System by you, unless you have previously notified us in writing of an unauthorised use of your Authorisation Details or Account, or any other breach of security according to clause 5 above.
    7. You may change your Authorisation Details at any time by updating your Account.
    8. You may not sell, transfer or assign your Account to any third party unless you have obtained prior written consent from us.
    9. You may not use another user’s Account without their express written consent. We may require proof of their consent at any time.
    10. We reserve the right to terminate your Account and restrict access to all or part of the Motobidders System at any time at our sole discretion and without notice.
  4. Sellers
    1. Sellers must ensure that the vehicles they list for auction on the Motobidders System (“Listing”) complies with all relevant laws, by-laws, regulations and other legislative instruments applicable to the sale of motor vehicles within the jurisdiction in which the Seller is located.
    2. Sellers warrant that the information you provide on any Listing attributed to your Account is correct, complete, accurate and up to date, and is not misleading or deceptive or likely to mislead or deceive, including the following (as applicable in the jurisdiction in which the Seller is located):
      1. vehicle identification (VIN) number;
      2. registration number;
      3. vehicle description;
      4. roadworthy certificates; and
      5. any other information required by any law, regulation, by-law or other legislative instrument to be disclosed upon the sale of a motor vehicle.
    3. Sellers shall indemnify and hold harmless Motobidders and its directors, officers, employees, agents and contractors (“Those Indemnified”) from and against any loss, cost, expense, damage or liability incurred or may be incurred by Motobidders in relation to any transaction made on or through the Motobidders System, whether such loss, cost, expense, damage or liability is founded under contract, tort or any other legal theory, and whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.
  5. Buyers
    1. Buyers may place bids on vehicles that are listed for sale by Sellers.
    2. Buyers acknowledge and agree that Motobidders is an intermediary only, and facilitates the transaction via the Motobidders System. Motobidders does not take part in the transaction between Seller and Buyer, and Motobidders shall not be liable for any vehicle sold or traded through the Motobidders System.
    3. Buyers acknowledge and agree that Motobidders is an independent intermediary only, and that any purchase of motor vehicles through the Motobidders System shall be at their own risk, and further warrants that they have performed all relevant due diligence prior to purchasing any motor vehicle through Motobidders, including, without limitation, performing checks of the vehicle against the PPSR and otherwise to ensure that it is not encumbered and has not been written off.
    4. Buyers shall indemnify and hold harmless Those Indemnified from and against any loss, cost, expense, damage or liability incurred or may be incurred by Motobidders in relation to any transaction made on or through the Motobidders System, whether such loss, cost, expense, damage or liability is founded under contract, tort or any other legal theory, and whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.
  6. Listings
    1. Sellers may post Listings on the Motobidders System. Such Listings must include (without limitation):
      1. the location of the vehicle for sale;
      2. make, model, and colour of the vehicle;
      3. an accurate description of the vehicle, including features, technical and mechanical specifications, and any obvious damage or wear that may require repairs;
      4. year of manufacture and compliance;
      5. vehicle identification (VIN) number;
      6. registration number;
      7. roadworthy certificates;
      8. the date and time upon which the auction ends (“Auction End Date”);
      9. dealer licence number; and
      10. any other information required by any law, regulation, by-law or other legislative instrument to be disclosed upon the sale of a motor vehicle.
    2. If a Seller wishes to post a Listing, the Seller warrants that:
      1. the Listing complies with all applicable laws, rules and regulations, including those that may be set for advertisers by applicable advertising industry bodies; and
      2. the Listing contains information which is true and accurate, and not misleading or deceptive or likely to mislead or deceive, or otherwise contrary to law in any way.
    3. Motobidders have the right, but not the obligation, to monitor Listings to ensure that the information provided in the Listings are compliant with this Agreement and all relevant laws, by-laws, regulations and other legislative instruments applicable to the sale of motor vehicles within the jurisdiction in which the Seller is located, and may, at its entire discretion, remove or modify any Listings which Motobidders reasonably believe is not in compliance with this Agreement such laws, by-laws, regulations and other legislative instruments.
    4. Notwithstanding clause 6.3 above, Motobidders does not accept any responsibility whatsoever with respect to any Listing, including (without limitation) any liability whatsoever for any loss, cost, expense, damage or liability which may be incurred as a result of or in connection with, or in relation to any Listing, including, without limitation, any liability in relation to misleading or deceptive Listings, and you agree to indemnify Those Indemnified, and hold Those Indemnified harmless from and against any loss, cost, expense, damage or liability which may be incurred as a result of, or in relation to, or in connection with your Listing, whether such loss, cost, expense, damage or liability is founded under contract, tort or any other legal theory, and whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.
    5. Motobidders may collect and store information in relation to any Listing, including the vehicle sold or traded through the Motobidders System and the details of the Seller and Buyer of the vehicle. Such information may be used by Motobidders for the purpose of compiling a database of vehicles sold or traded through the Motobidders System, including the number of times it is sold or traded through the Motobidders System, and is not accessible to Users.

    Disclaimers

    1. Motobidders does not own, endorse or otherwise approve Listings which are posted on the Motobidders System.
    2. Motobidders does not accept any responsibility whatsoever with respect to any Listings, including (without limitation) any liability whatsoever for any loss, cost, expense, damage or liability which may be incurred as a result of or in connection with, or in relation to any correspondence or transactions occurring as a result of reliance upon information provided in any Listings, including, without limitation, any liability in relation to Listings containing misleading or deceptive information.
    3. All transactions performed using the Motobidders System is exclusively between the Seller and the Buyer, and Motobidders shall not be responsible or liable for any discrepancies between the Listing and the vehicle purchased. Any such issues should be addressed directly to the Seller.
    4. All Users acknowledge that Motobidders is not a party to any agreement that Buyers may have between Buyers and Sellers, including, without limitation, any contract to purchase a used motor vehicle. Accordingly, you acknowledge that Motobidders does not accept any responsibility whatsoever, including (without limitation) any liability as a result of for any loss, cost, expense, damage or liability incurred as a result of, or in connection with, or in relation to any agreement between any Buyer and any Seller.
    5. Motobidders does not accept any liability for any delay, disruption or interruption in your access to or usage of the Motobidders System, including any failure or delay in processing bids placed through the Motobidders System. You further acknowledge and agree that we will not be liable for any loss, cost, expense, damage or liability which may be incurred as a result of, or in connection with, or in relation to any delay in or loss of functionality of the Motobidders System, including, without limitation, any delay in or loss of functionality which may affect bids placed through the Motobidders System, or any errors, bugs or viruses, whether or not it results in any destruction, interruption or damage to your electronic device from which the Motobidders System is accessed.
  7. Bidding
    1. Buyers may bid for vehicles posted in Listings by Sellers.
    2. All vehicles are sold on an “as is” basis and no warranty will be provided by Motobidders. Motobidders does not accept any liability for any defect, flaw, damage to or the condition of the vehicle.
    3. Subject to any applicable law, by-law, regulation or other legislative instrument in the jurisdiction in which the sale occurs, which may require a warranty in favour of the Buyer to be given, the Seller shall not be liable for any defect, flaw or other damage to the vehicle after the completion of the sale. However, the Buyer and the Seller may enter into their own warranty arrangements if they so wish.
    4. Subject to clause 7.3 above, the Buyer shall assume all risk upon full payment being made for the vehicle subsequent to a successful bid.
    5. Upon listing a vehicle, the Seller may choose whether or not to nominate a reserve price for any particular vehicle (and if so, the amount of that reserve price), and whether or not the vehicle will have a “buy now” price.
    6. If, at the Auction End Date, a vehicle does not meet the reserve price set by the Seller, the Seller may, in the Seller’s entire discretion:
      1. sell the vehicle to the highest bidder, notwithstanding that the highest bid does not meet the reserve price; or
      2. request that the highest bidder at the auction to increase its bid; or
      3. withdraw the vehicle from sale; or
      4. re-list the vehicle for auction.
    7. Upon the Auction End Date, and subject to clause 7.6 above, the winning bidder is deemed to have entered into a legally binding contract to purchase the vehicle and pay to the Seller the amount of the winning bid. Title and risk will transfer from Seller to Buyer upon the receipt by the Buyer of cleared funds in the amount of the winning bid, and the sale of the vehicle is deemed to be completed upon the Seller being in receipt of cleared funds.
  8. Intellectual Property
    System Content

    1. Motobidders are exclusive licensees of the Motobidders System, and all content on the System, including, without limitation, to the text, graphics, and photos created by and for us and the trade marks (whether registered or unregistered), service marks and logos contained therein, as well as the ‘look and feel’ of the Motobidders System, including its structure, sequence and organisation are owned by or licensed to Motobidders, and is subject to copyright, trade mark rights, and other intellectual property rights under Australian and foreign laws and international conventions. The content on the Motobidders System is provided to you ‘as is’ for your information and personal use only and may not be used for any other purpose whatsoever without the prior written consent of Motobidders or as expressly permitted herein.
    2. We reserve all our rights at law and in equity. No part of the Motobidders System may be reproduced, copied, stored or downloaded, and you may not publish, sell, let, hire, or offer to sell, or let or hire any part of the Motobidders System and any content posted therein.
    3. Neither you nor any third party under your express or implied authority or consent may, without the express written consent of Motobidders, do or participate in or assist in any act, matter or thing designed to:
      1. discover, or has the effect of discovering the design, composition, construction methods, structure, source code, object code or otherwise reverse engineering any part of the Motobidders System; or
      2. infringe, or has the effect of infringing any of Motobidders intellectual property rights; or
      3. denigrate, or has the effect of denigrating the name, brand and reputation of Motobidders and Motobidders’ licensor, Powerband Global Exchange.
    4. You may not, at any time, challenge or oppose, or cause, authorise, allow or assist any third party to challenge or oppose our exclusive ownership of all intellectual property rights in the Motobidders System.
    5. From time to time, you may contact us with any suggestion, comment, feedback or request that you may have in relation to the System. By doing so, you acknowledge that the intellectual property rights in any alteration or modification to the Motobidders System made as a result of a suggestion, comment, feedback or request that you have made, will vest immediately with Motobidders, and will do all things necessary, at your expense, including executing (and procuring any joint authors to execute) any written agreements, to give effect to the vesting of such intellectual property rights in Motobidders.
    6. You agree not to use any of the Motobidders System other than as expressly permitted under this Agreement. If you download or print a copy of any part of the Motobidders System for your personal or other use which is expressly permitted by law, you must retain all copyright and other proprietary legal notices contained in the Motobidders System.
    7. You agree to indemnify Those Indemnified, and hold Those Indemnified harmless from and against any loss, cost, expense, damage or liability which may be incurred as a result of, or in relation to, or in connection with your use of the Motobidders System, including any infringement of Motobidders’ intellectual property rights, or any breach of this Agreement (including, without limitation, clauses 8.3 and 8.4), whether such loss, cost, expense, damage or liability is founded under contract, tort or any other legal theory, including, without limitation, any claims that the Materials infringes on the intellectual property rights of third parties, and whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.

    Open Source content

    1. The Motobidders System may include or rely upon open source software, codes, modules or languages. Any and all open source material used by us is governed by the relevant open source licences (including, without limitation, to GPL, Creative Commons or equivalent open-source licensing regimes). Our use of such material, if any, in developing the Motobidders System does not infringe any third party intellectual property or other rights. However, where you use the Motobidders System otherwise than in accordance with this Agreement (including this clause 8), we make no warranties that such use by you otherwise than in accordance with these Terms will be permitted under the relevant open source licensing regimes, and you agree to indemnify and hold us harmless from any loss, cost, expense, damage or liability which may be incurred as a result of, or in connection with your use of the Motobidders System otherwise than in accordance with this Agreement.

    User Materials

    1. You warrant that you own, or otherwise have all necessary licences to the material that you post on the Motobidders System (“Material”), including, without limitation, any pictures, videos, sound recordings, musical works and all other copyrightable works (or subject matter other than works) posted on any Listing or elsewhere in the Motobidders System, and all trade marks, trade names, logos and colours, and will grant us a worldwide, perpetual, non-exclusive, sub-licensable, irrevocable, transferrable, licence-fee free and royalty free licence to use and reproduce the Material on any sub-page within the Motobidders System at our discretion.
    2. You warrant that, where such Material are works of joint authorship, that you have the necessary licences and permissions from all joint author(s) of the work to post such work on the Motobidders System.
    3. You further warrant that there are no legal or equitable impediments to your granting us such licence as described in clause 8.9 above.
    4. Where there are moral rights (in accordance with Part IX of the Copyright Act 1968 (Cth) and includes the right of attribution of authorship, the right to prevent false attribution of authorship, and the right to integrity of authorship and prevent derogatory treatment of works) subsisting therein, you hereby grant your consent, or procure that all other joint author(s) grant their consent to Motobidders in order that we may exploit all intellectual property rights in the information you provide at our entire discretion, even where such use may amount to an infringement of the author’s moral rights.
    5. Notwithstanding the termination of your Account with us, you acknowledge that any Material posted by you may still be accessible through the Motobidders System, or a cached version of the Motobidders System at any time.
    6. You agree to indemnify Those Indemnified, and hold Those Indemnified harmless from and against any loss, cost, expense, damage or liability which may be incurred as a result of, or in relation to, or in connection with the use of your Materials posted on the Motobidders System, whether such loss, cost, expense, damage or liability is founded under contract, tort or any other legal theory, including, without limitation, any claims that the Materials infringes on the intellectual property rights of third parties, and whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.
  9. Prohibited Use
    1. You agree to adhere to generally accepted rules of etiquette and standards of behaviour in your use of the Motobidders System, including posting of Materials and interactions with other users via the Motobidders System.
    2. You agree not to use the Motobidders System in any way which is, in our opinion, abusive, threatening, harassing, bullying, intimidating, or hateful.
    3. You may not post any Materials, which is, or which constitutes, in our opinion:
      1. untrue;
      2. profane, vulgar, obscene, pornographic, contain nudity, graphic or gratuitous violence, or inciting of hatred or violence;
      3. discriminatory or vilifying of a person’s race, gender, age, religion, or sexual orientation;
      4. misleading and/or deceptive;
      5. a violation of any third party’s intellectual property rights, including, but not limited to, any trade mark, whether registered or unregistered; design, whether registered or unregistered; copyright; patent; patent application; and any other Material which is subject to intellectual property infringement proceedings anywhere in the world;
      6. trade secrets, proprietary or confidential information;
      7. unauthorised advertising, including promotion of websites and services that deliver unauthorised or unsolicited advertisements;
      8. information obtained through illegal means;
      9. defamatory;
      10. information which identifies or contains Account Information of a third party without the consent of that third party, including, without limitation, telephone numbers, names and email addresses;
      11. harmful to other users in any way, including, but not limited to, advertising of tobacco, alcohol and illicit drugs;
      12. solicitation of Account Information from or about other users;
      13. alterations to another user’s Materials without their consent;
      14. a violation of, or encouragement for other users to violate, any applicable law, statute, ordinance;
      15. a breach of any person’s privacy or publicity rights;
      16. viruses, or any computer code, file or program designed to, or has the effect of destroying, interrupting or limiting the functionality of any computer software or hardware, or any other electronic equipment, including, without limitation, links to any of the above;
      17. Material which allows usage by others in such a way as to violate this Agreement; or
      18. disruptive, distasteful or otherwise in bad taste, even if it does not specifically violate any of this clause 9.3.
    4. Neither you nor anyone having access to your Account may do, or attempt to do, any of the following:
      1. use the Motobidders System in a way which is, in our opinion, contrary in any way to this Agreement;
      2. use the Motobidders System in a fraudulent manner, including, without limitation, by posting Listings for vehicles which are non-existent, or are misleading or deceptive, or likely to mislead or deceive, or otherwise contrary to law in any way;
      3. access areas of the Motobidders System which you are not authorised to access;
      4. alter or tamper with any part of the Motobidders System except as expressly authorised in writing by Motobidders;
      5. send unsolicited advertising, email or chain letters to other users;
      6. mislead others or otherwise misrepresent your relationship with us or represent that we have endorsed you, your Listings or your Materials;
      7. use any automated means or interface, including, without limitation, tracking software, robots, spiders or similar technological devices or programs not provided by us to access the Motobidders System;
      8. reverse engineer any aspect of the Motobidders System or do anything to discover the source code, or to circumvent measures put in place by us to prevent or limit access to any area of the System; or
      9. send viruses, or any computer code, file or program to the Motobidders System which is designed to, or has the effect of, destroying, interrupting or limiting the functionality of any computer software or hardware, or other telecommunications equipment.
    5. You agree that we reserve the right, but not the obligation, to monitor the Motobidders System and your use of it, including any Materials submitted by you.
    6. We reserve the right to take any action we deem necessary to detect, identify, prevent, or stop any conduct which, in our opinion, constitutes a prohibited use, even if it does not specifically violate any of this clause 9. This includes, without limitation, the right to immediately and without notice delete or remove any Materials, and the right to immediately and without notice terminate your Account.
  10. Our responsibilities
    1. We will use all reasonable efforts to ensure that the Motobidders System is functional at all times.
    2. However, we make no warranties whatsoever that the Motobidders System will be fully functional and free of errors, bugs or viruses. Accordingly, you agree that we will not be held liable for any delay, disruption or interruption in your access to or usage of the Motobidders System, including any failure or delay in processing bids placed through the Motobidders Sytem. You further acknowledge and agree that we will not be liable for any loss, cost, expense, damage or liability which may be incurred as a result of, or in connection with, or in relation to any loss of functionality of the Motobidders System, or any errors, bugs or viruses, whether or not it results in any destruction, interruption or damage to your electronic device from which the Motobidders System is accessed.
  11. Warranties and Indemnities
    1. You warrant that you are a representative of the entity on whose behalf you are registering an Account and have the legal capacity to enter into legally binding contracts on behalf of the same.
    2. Alternatively, where the User is an individual, you warrant that you have the legal capacity to enter into binding contracts on your own behalf.
    3. You warrant that, where you have placed a Listing, that you are authorised to do so, and that the Listing is not misleading, deceptive, likely to mislead or deceive, or otherwise contrary to law in any way, and you indemnify us and hold us harmless at all times against any loss, cost, expense, damage or liability which may be incurred as a result of, in connection with, or in relation to your Listing.
    4. To the extent permissible by law, we make no warranties or representations whatsoever, whether express or implied, that the Motobidders System will be fully functional and free of errors, bugs or viruses, secure or compatible with any other software or hardware. We make no warranties as to the quality, accuracy, or reliability of any information whatsoever provided on the Motobidders System. Further, we make no warranties that the content of the Motobidders System will be delivered in a timely or uninterrupted manner. Accordingly, you agree that we will not be held liable for any loss, cost, expense, damage or liability which may be incurred as a result of, or in connection with, or in relation to any delay, disruption or interruption in your access to the Motobidders System.
    5. You acknowledge and agree that any services or information provided on or through the Motobidders System is to be provided “as is”, and that you have not relied upon any representations made (if any) by us other than in this Agreement.
    6. You agree to indemnify and keep Those Indemnified harmless at all times, whether prior to or after the termination of this Agreement, from and against any loss, cost, expense, damage or liability, which may be incurred as a result of, or in connection with, or in relation to our use of your Material posted on the Motobidders System, including, without limitation, any claims by any third party of intellectual property infringement, misleading or deceptive conduct, defamation and/or injurious falsehood.
    7. You agree to indemnify, and keep Those Indemnified harmless at all times, whether prior to or after the termination of this Agreement from and against any loss, cost, expense, damage or liability which may be incurred as a result of, or in connection with, or in relation to any Listing which you post onto the System, including, without limitation, any liability resulting from any misleading or deceptive advertisements, or any claims by any third party of intellectual property infringement.
    8. You agree to indemnify, and keep Those Indemnified harmless from and against any loss, cost, expense, damage or liability which may be incurred as a result of, or in connection with, or in relation to any other use of the Motobidders System by you.
  12. Modification or Variation of Terms
    1. We may change any of the terms of this Agreement at any time by posting a notice on the Motobidders and/or by email to you at the email address linked to your Account. You agree that you will be deemed to have notice of any modifications once we post them on the Motobidders System or notify you by email. You agree that your continued use of the Motobidders System after such notice will be taken as your acceptance of the modified Terms. It is your responsibility to check the Motobidders System periodically for any such modifications. If you do not agree with the modified Terms, you must close your Account and immediately stop using the Motobidders System.
    2. We reserve the right to discontinue the Motobidders System or to change the content of the Motobidders System in any way and at any time, with or without notice to you, without liability.
  13. Account Suspension and Termination
    1. We reserve the right to suspend your account at any time and for any breach of this Agreement or any potential breach of this Agreement pending investigation. At conclusion of the investigation we may in our entire discretion reactivate your account or terminate your account in accordance with the remainder of this clause 13.
    2. We reserve the right to terminate this Agreement with you at any time and for any breach of this Agreement by closing your Account. If we close your Account, you may not, under any circumstances, register a new Account without prior written consent and approval from us.
    3. You have the right to terminate this Agreement at any time for any reason whatsoever by closing your Account.
    4. If we terminate your Account in accordance with clause 13.1 above, you will no longer have access to your Account, and you will no longer be authorised to use the System.
  14. Jurisdiction
    1. This Agreement is governed by the law of Western Australia, excluding its choice of law rules. You agree to submit to the exclusive jurisdiction of the courts of Western Australia and any court in Australia having competent jurisdiction to hear appeals from such courts.
  15. Dispute Resolution
    1. You may not start arbitration or court proceedings (except proceedings seeking urgent interlocutory relief) in respect of a dispute with us in relation to this Agreement (“Dispute”) unless this clause 15 and its relevant sub-clauses have first been complied with.
    2. If you claim that a Dispute has arisen, then you must:
      1. Notify us of the Dispute by all reasonable means;
      2. Within seven (7) days after notice is given, you must nominate a representative who is authorised to settle the Dispute on its behalf, and we shall likewise nominate a representative;
      3. During the thirty (30) day period after you have appointed a representative (or, if both parties agree to a longer period, that longer period), you and/or your authorised representative must meet with our authorised representativeto resolve the Dispute.
    3. If the Dispute is not resolved within the time specified in clause 15.2(c) above, the dispute must be referred to mediation by the Law Society Panel of Mediators and Arbiratrators to:
      1. A mediator we both agree upon, or if we cannot agree on a mediator, a mediator appointed by the Law Society Panel of Mediators and Arbitrators; and
      2. Each party must use their best efforts to make use of the mediation process to resolve the Dispute; and
      3. Any Dispute not resolved in accordance with clause 15.3(a) above within thirty (30) days after the appointment of a mediator (or, where the parties agree to a longer period, that longer period), then the Dispute may be referred to an appropriate court of competent jurisdiction.
    4. Each Party shall bear its own costs in relation to the resolution of the Dispute. The costs of the mediation in accordance with clause 15.3 above will be borne equally between both parties.
    5. During the Dispute, this Agreement will remain in full force and effect, and each Party must continue to perform their respective obligations under this Agreement.
    6. Nothing in the preceding clause 15 will deny either of us the right to seek urgent interlocutory relief (including an injunction) from an appropriate court in relation to any Dispute arising under this Agreement.
  16. General
    1. Headings in the Agreement are provided for convenience only, and shall not be used to construe meaning or intent.
    2. To the extent that there is any inconsistency between this Agreement and other content posted on the Motobiddders System, this Agreement will prevail.
    3. If any part of this Agreement is deemed invalid or unenforceable by a court, that part shall be modified or severed as appropriate to reflect the parties’ intention, and the rest shall remain in full force and effect as if the invalid or unenforceable term had never been included.
    4. You agree that we will not be held liable for any delay or failure in its performance of its obligations cause by force majeure, including without limitation act of government or state, natural disaster, fire, flood, civil commotion, epidemic, industrial action or organised protests by third parties, war, failure of payment systems, or any event beyond our reasonable control.
    5. Any failure or delay in or by us in enforcing any part of this Agreement is not to be construed as a waiver of our rights. Any waiver of our rights must be given in writing.
    6. Each term under this Agreement which expressly or by its nature survives termination of this Agreement shall remain fully enforceable notwithstanding such termination.
    7. Our rights and obligations under this Agreement may be transferred or assigned at any time at our sole discretion.
    8. You may not assign, licence or otherwise transfer your obligations under this Agreement without our express written consent.

Contact Us

Via email to jamie.melvin@motobidders.com and ty@motobidders.com





The Motobidders Team


Ty Sedgman
Implementation Specialist
Phone : 0425 897 334
ty@motobidders.com

Jamie Melvin
Business Development Manager
Phone : 0411 630 001
jamie.melvin@motobidders.com

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