Terms & Conditions (User Agreement)
Our Terms and Conditions and other rules, guidelines and policies of bidRhino, stipulated from time to time, (collectively Terms) will apply.
The Terms comprise the entire agreement between bidRhino and You in relation to use of the Services and create a binding legal arrangement between You and bidRhino.
bidRhino recommends that You read the Terms carefully. Your use of this Site, and any provision of Services through it, are subject to the Terms and all applicable laws. By using this Site in any manner, (including but not limited to visiting or browsing the Site), You agree to be bound by the Terms. If You do not understand or accept the Terms, You must exit bidRhino’s Site immediately.
2. About bidRhino
2.1.bidRhino is not a Real Estate Agent or an Auctioneer.
2.2.Although We may be referred to as a property or an auction website, it is important to note that bidRhino is not an Auctioneer or an Estate Agent.
2.3.bidRhino provides an online service to enable users to promote, market and advertise Property for sale by private sale or by auction.
2.4.You can use the Services to bid on bidRhino Agent or bidRhino Online.
2.5.bidRhino does not:
(a) act as an agent for any party;
(b) sell, buy, deal or negotiate with a party in relation to the Property; or
(c) conduct the auction of the Property.
3.1.You do not need to register to browse and use much of the functionality of the Site. However, You must register in order to post, list a Property, or bid for a Property on the Site.
3.2.To become a Member / User:
(a)You must complete the online registration form found at http://www.bidRhino.com/
i. The registration process will require You to provide Your name, contact details, email address and residential address.
ii. Using the Services on the bidRhino sites is restricted to individuals 18 years of age or older.
iii. At the time of registration, You will be required to supply credit card details and the address where the card is registered.
iv.You will also be required to confirm Your acceptance of these Terms.
v.Membership is free, but non-transferable
(b)Once You have completed the registration process, Your login details will be Your email account. You agree to keep Your password secure. You are fully responsible for all loss and damage resulting from Your failure to protect Your password. You agree to immediately notify bidRhino of any unauthorised use of Your password or any breach of security. You also agree that bidRhino is not liable for any loss or damage arising from Your failure to keep Your password secure. You agree not to provide Your username and/or password information to any other person other than bidRhino without bidRhino’s express written permission.
(c) In registering and providing Your details, You represent and warrant to bidRhino that:
i. the information provided by You is true, accurate, current, and complete;
ii. You will maintain and promptly update this information to keep it true, accurate, current and complete; and
iii. You have the full legal capacity to use the Site and to enter any legal transaction.
3.3.bidRhino reserves the right to terminate Your membership at any time and for any reason including if bidRhino believes that You have breached any of these Terms, or that any of the information that You have submitted to Us is untrue.
3.4.bidRhino may, at any time, request valid identification to establish Your identity.
4. Property Listing
If You are a Vendor or Vendor’s Agent using the Services:
(a) You must have the legal right to sell any Property listed by You on the Site;
(b) You must describe the Property honestly and accurately and include a copy of the Contract as well as all terms of sale as part of the Property’s listing;
(c) Your listing may only include Content relevant to the Property, including any information that You are required to provide under all applicable laws, statues and regulations;
(d) You must provide a Member with the right to inspect the Property;
(e) You, or any other user, bidder or vendor, must not manipulate the price of any listed Property, in any way, means or process.
5. Bidding and buying
5.1.By bidding on a Property, You agree to:
(a) comply with any prevailing laws and regulations imposed under that State or Territory (including where necessary, obtaining approval from the Foreign Investment Review Board); and
(b) any other terms and conditions required by a Vendor or Auctioneer relating to the Property.
5.2.It is Your responsibility to download and review all documentation associated with the Property You intend to bid. We highly recommend You seek independent legal and financial advice before bidding on a Property.
5.3.If You purchase a Property or are the highest bidder on a listed Property, via the bidRhino Agent or bidRhino Online, You are obliged to complete the transaction with the Vendor, unless the transaction is prohibited by law or by these Terms.
5.4.You cannot retract a bid. bidRhino is unable to delete or remove any of Your bids.
5.5.You must not (whether alone or in conjunction with another ) manipulate the price of any listed Property by any means, and dummy, fraudulent, or deliberately misleading bids or offers are NOT permitted in any way, context or method.
5.6.You warrant and agree that You will undertake of Your own accord, such checks, verification and to seek any and all advice to satisfy Yourself of:
(a) the legal identity and capacity of any other party involved in any transaction facilitated by Your use of the Site;
(b) the suitability and particulars of, and encumbrances, interests on the Property.
6. Placing a Bid (bidRhino Agent)
6.1.When You use the Service to bid online for the purpose of bidRhino Agent, Your bids will be conveyed to an Estate Agent as Your authorised bidder (Bidder).
6.2.The bidding process will be subject at all times to the current laws and regulations and any terms and conditions imposed by the Auctioneer (including but not limited to the Auction Conditions).
6.3.Prior to bidding at the bidRhino Agent, You must provide bidRhino and the Auctioneer with a signed Auction Authority.
6.4.The Auction Authority should be completed, signed and faxed or emailed to bidRhino and the Agent / Auctioneer at least 1 week before the commencement of bidRhino Agent auction.
6.5.The authorised Bidder will be present at the bidRhino Agent auction to:
(a) be registered as Your authorised bidder (if registration is required under the State or Territory’s laws);
(b) bid on Your behalf under instruction from You through the Service or telephone if the Service fails; and
(c) represent You at the auction for any other purpose if necessary and if expressly instructed by You to do so.
6.6.The bidding process for bidRhino Agent will operate as follows:
(a) each bid made by You will be sent to the Bidder using the Service;
(b) on receipt of Your instructions, the Bidder will convey Your bid to the Auctioneer by a physical bid;
(c) a bid will only be valid when it is actually made by the Bidder;
(d) the Bidder will not be required to make a bid which is equal to or less than a bid already received by the auctioneer;
(e) Through the Service, you will be able to follow in real time (or as close to that time as technology allows) when each bid is made.
6.7.bidRhino Agent will finish via the following process:
(a) The Auctioneer may make the first finishing call by announcing “Going once” or any other appropriate term at the Auction when it appears that there will be no further bids.
(b) When it appears that there will be no further bids further to the first finishing call, the Auctioneer may announce “Going twice” or any other appropriate term at the Auction.
(c) When it appears that there will be no further bids further to the second finishing call, the Auctioneer may announce “Going three times” or any other appropriate term at the Auction.
(d) If there is a further bid at any time, the Auction will resume until the Auctioneer announces the first finishing call again.
(e) Once the Auctioneer announces the Property as “sold”, the “sold” button will pop up on Your computer, and no further bids will be accepted.
6.8.If You are the successful bidder for bidRhino Agent:
(a) the Auctioneer will complete the Contract by inserting the name of the purchaser in accordance with the Auction Authority, the purchase price (being Your successful bid price), deposit, and the name and details of Your solicitor or conveyancer;
(b) unless otherwise required by the Auctioneer or the Vendor’s Agent, the Bidder will sign the Contract on Your behalf and date the Contract pursuant to the Auction’s Authority; and
(c) the deposit must be paid to the trust account of the selling agent nominated in the Contract within 48 hours of the completion of the Auction either by credit card, cheque or electronic bank transfer. This time limit is essential and the Contract can be terminated by the Vendor and You will be rendered liable for damages if this condition is not met.
7. Placing a Bid (bidRhino Online)
7.1.When You use the Service to bid online at a bidRhino Online, Your bids will be conveyed to the Vendor (or the Vendor’s Agent) online.
7.2.The bidding process will be subject at all times to the current laws and regulations and any terms and conditions imposed by the Vendor or the Vendor’s Agent (including but not limited to the Auction Conditions).
7.3.The bidding process for bidRhino Online will operate as follows:
(a) The Vendor (or the Vendor’s Agent) will determine the start and finish times and dates for the auction;
(b) The Vendor (or the Vendor’s Agent) will determine the reserve price and may change the reserve up to 1 days before the auction;
(c) each bid You wish to be made will be sent by You to the Vendor (or the Vendor’s Agent) using the Service;
(d) You will see in real time (or as close to that time as technology allows) when each of Your bids is made (as well as the bidder’s user id), and other higher bids as they are made; and
(e) During the auction, You can make offers to the Vendor for the Property via the “Offer” option at any time. An offer accepted by the Vendor will be the equivalent of a successful bid. In that event. Your user id and nominated price will be displayed as the current bidder and bid price.
7.4.bidRhino Online will finish via the following process:
(a) The countdown timer will move towards 0 seconds unless a further bid is submitted through the Service.
(b) If there is a further bid in the final 2 minutes of the auction, the auction will automatically extend by 2 minutes.
(c) Once the countdown timers goes to 0, the auction finishes.
(d) If the last bid price is above the Vendor's reserve price for the Property:
i. the Property will be considered sold;
ii. the "Sold" watermark will be added automatically on the Property page/image;
iii. the options "Bid", "Offer" and "Auto Bid" will be hidden and no further bids or offers will be added or accepted;
iv. the winning bidder (and his/her lawyer if nominated) will receive an email confirming the successful bid; and
v. the Property will be removed from the bidRhino’s Auction webpage.
(e) If the last bid price is below the Vendor's reserve price for the Property:
i. the Property will be passed in;
ii. the "Bid" and "Auto Bid" options will be hidden, but the "Offer" option will remain available;
iii. further offers to the Vendor for the Property can be made via the “Offer” option;
iv. if the Vendor accept an offer, the "Sold" watermark will be added to the Property page/images;
v. the winning bidder (and his/her lawyer if nominated) will receive an email confirming the acceptance of the offer; and
vi. the Property will be removed from the bidRhino’s Auction webpage.
7.5.If You are the successful bidder at the Vendor’s Auction:
(a) An email will be sent to You and Your lawyer (if you elected one) confirming your successful bid or offer;
(b) You must complete the Contract by inserting Your name as the purchaser , the purchase price (being Your successful bid price), deposit, and the name and details of Your solicitor or conveyancer; and
(c) Once the Contract is completed, you must post a copy of the Contract and transfer the deposit for the Property, which must be received by the Vendor within 48 hours.
8.1.As a Member, You agree that:
(a) You will not post or transmit any material in which the copyright is owned by another person or entity and You warrant that all material posted is Your original work and not sourced from any third party;
(b) You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
(c) You will not impersonate any other person;
(d) any information or material that You submit or contribute to the Site may be treated by bidRhino as non-confidential and non-proprietary, and bidRhino may publish, use or amend such material without restriction;
(e) You agree not to transmit any unsolicited advertising or promotional materials to other members using contact details or other information found on this Site; and
(f) bidRhino may remove any material which You post on the Site without notice at any time.
8.2.Any information provided by bidRhino is general information and is not in the nature of advice. bidRhino derive Our information from sources that bidRhino believe to be accurate and up to date as at the date of publication, and bidRhino reserve the right to update, change or remove this information at any time. bidRhino do not make any representations or warranties that the information bidRhino provide is reliable, accurate or complete, or that Your access to the Site will be uninterrupted, timely or secure.
8.3.bidRhino is not liable for any loss resulting from any action taken or reliance made by You or any party on any Content posted on the Site. You should make Your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any Content which appears on the Site.
8.4.bidRhino do not accept any responsibility or liability for any Content which You submit to the Site, nor do bidRhino accept any responsibility for any use or misuse which You or any other members or guests make of the Content which You submit to the Site. bidRhino do not warrant that any material You submit to the Site will be protected against loss, misuse or alteration by third parties.
8.5.If You download any Content from the Site, You acknowledge that We are not liable to You for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded Content. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded Content. In addition, You may not commercialise any information products or services from the downloaded Content.
8.6.Where You complete an electronic form with Your contact details, You will be taken to have consented to bidRhino using that information to send You news, information about bidRhino activities and general promotional material which We believe may be useful to You, by e-mail or other means, unless You advise Us that You do not want to receive those communications. If later, You no longer wish to receive those communications, You can e-mail Us accordingly at http://staging.bidRhino.com/contact-us.html When We send You those communication services, We will include a means for You to unsubscribe to those communications. If You ask Us to unsubscribe from any of those services, We will try to comply as soon as We can. You acknowledge that there may be delays in Our complying with such a request.
8.7.While bidRhino endeavours to ensure that the Site is available 24 x 7, We do not guarantee that it will be uninterrupted or error free. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance, for repairs or for reasons beyond Our control. To the extent that such factors are outside of Our control, bidRhino shall not be liable.
8.8.You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy Our web pages or the content contained within them, without bidRhino’s prior written permission. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of Our Site, services or any transaction being conducted through Our Site.
8.9.You agree that You will not take any action that imposes an unreasonable or large load on Our infrastructure which may impact, impede or decrease performance, security or any other activity normally conducted on Our web site.
9.1.To register to bid on a listed Property, or make an offer, there is an associated fee, implemented to validate Your identity and ensure that all bidders are genuine.
9.2.To post or list a Property for sale, on Our Site incurs fees which are set out in Our on Our pricing pages www.bidRhino.com/agentvendor/pricing.html and www.bidRhino.com/buyer/buyer-pricing.html. When You list Your Property You have the opportunity to review and accept the fees that You will be charged for the use of Our services.
9.3.We may change Our Fees and the fees for Our services from time to time. Changes to Our Fees, posted to Our site, are effective immediately
9.4.If We introduce a new service, the fees for that service are effective at the launch of the service.
9.5.We may choose to temporarily change Our Fees for promotional purposes or to support special events, such changes will only be effective during the promotional event, and are at Our sole discretion.
9.6.Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using Our services and Our Site and all applicable taxes (including any goods and services tax, which will be added to amounts billed to You, if applicable).
(a) You agree to use the Site for lawful purposes only.
(b) You must ensure that Your access to the Site is not illegal or prohibited by any laws that apply to You. You must take Your own precautions to ensure that the process that You employ for accessing the Site does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt We do not accept responsibility for any interference or damage to any computer system that arises in connection with Your use of the Site or any linked Site.
10.2.Identity of other users
You acknowledge that We cannot confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
We strongly recommend that You communicate directly with Vendors, buyers or partners through the communication tools made available on the Site prior to making a bid for the Property.
Copyright in all of the contents of the Site (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to bidRhino. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in Your location, and except as expressly authorised by these Terms, You may not in any form or by any means, without Our written permission:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site or any information or thing available from the Site; or
(b) commercialise any information, products or services available or obtained from the Site.
If You believe that Your work has been copied and posted on the bidRhino site in a way that constitutes copyright infringement, please contact Us immediately, via email, using support@bidRhino.com
You must not use any of Our trade marks without the express consent of bidRhino. If You use any of Our trade marks (whether registered or unregistered) in reference to Our activities, products or services, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks (whether registered or unregistered):
(a) in, or as the whole or part of, Your own trade marks;
(b) in any manner that may diminish Our rights in the trade marks;
(c) in connection with activities, products or services that are not Ours;
(d) in a manner that may be confusing, misleading or deceptive; or
(e) in a manner that disparages Us or Our information, products or services (including this Site).
You are provided with access to this Site and the Services only for Your personal use. Without limiting the foregoing, You may not without Our written permission on-sell information obtained from this Site or use it for commercial purposes.
You must ensure that Your access to this Site or use of the Services is not illegal or prohibited by any laws which apply to You.
bidRhino will not be liable, directly or indirectly, to You or anyone for any loss or damage caused by or in connection with use of the Third Parties’ Sites or the Content (including offensive, indecent and objectionable material) accessed through the Third Parties’ Sites.
10.7.Security and Fraud
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information that You transmit or receive to Us. Accordingly, any information that You transmit or received by You is at Your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information.
10.8.Termination of access
Access to this Site may be terminated at any time by Us without notice. Our disclaimer will nevertheless survive any such termination.
10.9.Contacting Vendors and Advertisers
By using the Site and the Services, You agree NOT to contact any Vendor for any purpose other than to make reasonable enquiries in relation to the Property.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are at Your own risk and solely between You and such advertiser. You agree that bidRhino shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Responsibility for the content of advertisements appearing on this Site (including links to advertisers’ own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by Us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.
10.10.bidRhino Partners (Advertisers. Local Services Partner)
You shall not advertise, market to, or solicit bidRhino users to buy, sell or hire any products or services through Our Site other than by becoming an accredited bidRhino Partner. If You wish to engage in any activity referred to in this paragraph, You are required to become a Partner of bidRhino.
To become a Partner of bidRhino please register online at www.bidRhino.com/register-partner.html, alternately, contact Us by sending Us an email to partner@bidRhino.com for further detail or to arrange a discussion.
You hereby release, discharge, and shall defend, indemnify and hold harmless bidRhino, its directors, officers, employees, servants and agents from and against any and all damage, loss, cost, expense or liability incurred by, and/or any claims or demands suffered by You in relation to any failure of bidRhino Services, beyond bidRhino’s reasonable control or goods or services provided by an bidRhino Partner.
10.12.Limitation of Liability
To the extent permitted by the law, bidRhino expressly excludes all conditions and warranties. Where legislation implies any condition or warranty (a non-excludable term), and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such a non-excludable term, that non-excludable term is deemed to be included in these Terms.
bidRhino’s liability for any breach of that non-excludable term is limited, at bidRhino’s option, to the supply of equivalent goods or services, or paying the cost of supplying equivalent goods or services. bidRhino is not liable in respect of any indirect, punitive, special, incidental or consequential damage in connection with or arising out of a breach of these Terms (including for loss of profits, use, data, or other economic advantage) that may be suffered or incurred in respect of a failure or omission on the part of bidRhino to comply with its obligations under these Terms.
You must notify bidRhino within seven (7) days of the date of any disputed invoice or account. If You dispute an invoice or account You must continue to pay all other undisputed invoices and accounts and must not set off, suspend or withhold payment of them.
Without limitation to other provisions in these Terms, bidRhino may in its absolute discretion suspend or terminate Your access to the Site or Your account with bidRhino.
10.16.Jurisdiction and Law
Use of this Site, all matters arising out of or in connection with it and all terms are governed by the laws applicable in Victoria. By accessing this Site You consent and submit to the non-exclusive jurisdiction of the Courts of Victoria in all matters arising out of or in connection with Your use of this Site and terms.
(a) Any waiver of Our rights under these Terms must be in writing. If We waive any rights available to Us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
(b) Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
(c) bidRhino may sub-contract all or any part of its performance of its obligations under these Terms to another suitably qualified person, or third party.
(d) If a provision or any part of the Terms is void or voidable or unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were read down and it is capable of being read down, it will be read down accordingly.
(e) No rule of construction applies to the disadvantage of the bidRhino because it was responsible for the preparation of these Terms or any other agreement between the parties.
If You have a concern please contact bidRhino who will endeavor to assist You.
If We are unable to fully address Your concern We ask You to lodge a formal complaint in writing. We commit to responding to You within five business days (Melbourne time).
bidRhino will respond in writing to You in an attempt to address and rectify any concerns.
How to contact Us:
Write to Us at: PO Box 623 MALVERN 3144
In these Terms:
Auctioneer means a person who is designated to conduct the auction for the Property;
Auction Conditions means the conditions imposed by the State or Territory (whichever applicable) on an auction of real property;
Auction Authority means the agency form prescribed by the State or Territory which grant an Estate Agent the power of attorney to bid on a Property and execute the Contract on behalf of a Member,
Content means any information You provide to bidRhino, and any information shared with bidRhino or other users on the Site, in any public message area or through any email feature. This includes the descriptions of Property listed by You on the Site, as well as any content You post on other web pages within the Site (including photographs, video or other images);
Contract means the contract of sale for the Property;
Estate Agent means a real estate agent licensed under the relevant State or Territory’s laws;
bidRhino, Us, We or Our means Inspect Bid Buy Pty Ltd ACN 145 389 902
bidRhino Agent means an onsite auction for the Property which is conducted by the Auctioneer;
bidRhino Online means an online auction for the Property which is conducted by a Vendor or a Vendor’s Agent through bidRhino;
Member means a user of the Site who has applied and has been approved by bidRhino as a member;
Property means the real property put forward for sale by a Vendor on the Site;
Third Parties’ Sites means websites operated by third parties and available through or linked to the Site;
Services means all or any of the services provided by bidRhino via the Site including information services, content and transaction capabilities on the Site;
Vendor means an owner who wishes to sell his or her Property;
Vendor’s Agent means a Real Estate Agent appointed by the Vendor to sell a Property; and
You or Your means a user, member, visitor of the Site and includes a Member.
Act of acceptance
By using the bidRhino website, you confirm than you have read and understood this Agreement and agree to be bound by it.