TERMS OF SERVICE
Last Updated: May 1, 2025
Welcome to bidlobby (“Platform,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website and services, including the buying and selling of new and used items (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By creating an account, posting an item for sale, purchasing an item, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other policies or guidelines posted on the Platform. We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
2. Eligibility
To use our Services, you must be at least [Specify Age, e.g., 18] years old and capable of forming a binding contract. By using the Services, you represent and warrant that you meet these eligibility requirements.
3. Account Registration and Security
3.1. To access certain features of the Platform, you may need to register for an account. You agree to: a. Provide accurate, current, and complete information during the registration process. b. Maintain and promptly update your account information. c. Maintain the security of your password and accept all risks of unauthorized access to your account. d. Promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
3.2. You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities.
4. Buying and Selling on bidlobby.com
4.1. Seller Responsibilities: a. Listing Accuracy: You agree to provide accurate, complete, and truthful descriptions of items you list for sale, including their condition (new, used, or refurbished), any defects, and relevant specifications. b. Authenticity: You represent and warrant that all items you list are authentic and that you have the legal right to sell them. c. Prohibited Items: You agree not to list or sell any illegal, dangerous, stolen, counterfeit, or otherwise prohibited items as defined by our [Link to Prohibited Items Policy, if separate] or applicable laws. d. Pricing: You are responsible for setting the price of your items. e. Shipping/Delivery: You are responsible for accurately describing your shipping/delivery methods, costs, and timelines. You agree to ship/deliver items promptly after a sale is confirmed and payment is received. f. Communication: You agree to communicate professionally and promptly with potential buyers and us. g. Dispute Resolution: You agree to cooperate in resolving disputes with buyers.
4.2. Buyer Responsibilities: a. Due Diligence: You agree to review item descriptions, photos, and seller ratings carefully before making a purchase. b. Payment: You are responsible for making timely payments for items purchased through the Platform. c. Communication: You agree to communicate professionally and promptly with sellers and us. d. Receiving Items: You are responsible for providing accurate shipping information and promptly receiving purchased items.
4.3. Transaction Process: a. Offers/Purchases: When a buyer makes an offer or purchases an item, they are committing to buy that item. b. Payment Processing: We may use third-party payment processors. By using our Services, you agree to their terms and conditions. [Specify Payment Processor, e.g., Stripe, PayPal, etc., and link to their terms if applicable]. c. Fees: [Clearly state your fee structure, e.g., “Sellers will be charged a [X]% commission on the final sale price of each item,” or “Buyers may incur transaction fees.” Link to a separate “Fees Policy” if detailed.] d. No Guarantee of Sale/Purchase: We do not guarantee that items listed will sell or that you will find a desired item.
4.4. Contact Information Sharing:
To facilitate communication regarding a transaction (e.g., confirming delivery, resolving a dispute), you acknowledge and agree that your email address will be shared with the other party involved in the transaction. Likewise, you may receive the other party’s email address. You agree to use any such contact information solely for purposes directly related to the transaction and to handle it in accordance with applicable privacy and data protection laws.
5. Prohibited Conduct
You agree not to engage in any of the following prohibited activities: a. Violating any applicable laws or regulations. b. Infringing on the intellectual property rights of others. c. Posting false, inaccurate, misleading, or defamatory content. d. Engaging in fraudulent activities or scams. e. Distributing spam, chain letters, or pyramid schemes. f. Introducing viruses, trojan horses, worms, or other malicious code. g. Interfering with the operation of the Platform. h. Attempting to circumvent our fee structure or payment methods. i. Harassing, abusing, or threatening other users. j. Collecting or harvesting information about other users without their consent.
6. Content on the Platform
6.1. Your Content: You retain ownership of any content you submit, post, or display on or through the Services (e.g., item descriptions, photos). By submitting content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content in connection with the Services and our business, including for promoting the Platform.
6.2. Our Content: All content provided by us on the Platform (excluding user-submitted content) is our property or licensed to us and is protected by intellectual property laws.
7. Disputes Between Users
7.1. We encourage users to resolve disputes directly. 7.2. If a dispute cannot be resolved directly, we may offer a dispute resolution service. [Detail your dispute resolution process here, e.g., “Our decision on disputes will be final and binding,” or “We will mediate but our decision is not binding.” If you have a formal process, link to a separate “Dispute Resolution Policy”.] 7.3. We are not responsible for the actions or inactions of users on the Platform.
8. Disclaimers and Limitation of Liability
8.1. “AS IS” Basis: The Services are provided “as is” and “as available,” without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 8.2. No Guarantee of Quality: We do not guarantee the quality, safety, or legality of items listed, the truth or accuracy of listings, or the ability of sellers to sell items or buyers to purchase items. 8.3. Third-Party Services: We may provide links to third-party websites or services. We are not responsible for the content or practices of these third parties. 8.4. Limitation of Liability: To the fullest extent permitted by law, in no event shall [Your Website Name], its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. Our total liability to you for all claims arising out of or relating to these Terms or your use of the Services will not exceed the greater of $100 CAD or the amount you have paid us for the use of the Services in the past twelve months.
9. Indemnification
You agree to indemnify, defend, and hold harmless [Your Website Name] and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your violation of these Terms, your use of the Services, or your violation of any rights of another.
10. Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, without prior notice or liability, for any reason, including but not limited to, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Montreal, Canada to resolve any legal matter arising from these Terms or the Services.
12. Miscellaneous
12.1. Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and [Your Website Name] regarding the Services. 12.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 12.3. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. 12.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. 12.5. Headings: The headings in these Terms are for convenience only and have no legal or contractual effect.
13. Contact Information
If you have any questions about these Terms, please contact us at: [email protected]