Terms and Conditions

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy which include those terms and conditions expressly set out below. Your participation in and use of this auction site is subject to the following terms and conditions.

Please note: Participation in auctions held on this site is only open persons aged 18 years and over.

The terms and conditions set out below form the basis of the binding legal agreement between lowBIDS and you, the Bidder, and sets out the terms and conditions governing your participation in lowBIDS Auctions on this site. These terms and conditions (and any amendments thereto from time to time) set out the entire agreement between lowBIDS and the Bidder to the exclusion of all other terms, representations or arrangements whatsoever.

Please read the terms carefully. By registering with lowBIDS you agree to become a potential Bidder and accept the terms and conditions set out below. You will be deemed to have accepted these terms on every subsequent occasion on which you use the lowBIDS site. If you do not agree with the terms and conditions then you should not accept them or continue to use the site.

lowBIDS is entitled to change these terms and conditions at its discretion. The new terms and conditions will govern all lowBIDS Auctions that commence after the time when they are published on the site. lowBIDS will bring new terms and conditions to the attention of Bidders by referring to them on the screen first accessed by Bidders when they visit the site. As the terms and conditions may change from time to time, the Bidder should update their knowledge of the terms regularly.

lowBIDS organises auctions for products and services where confidential bids for products are received via the site..

1. Definitions

"Admin Fee" means Administration and Handling Fee.

"Administration and Handling Fee" means the fee that is paid for each Bid submitted.

"Agreement" means the terms and conditions contained in this agreement and lowBIDS Privacy Policy

"Auction Variables" means the Required Bids, Maximum Bid, Maximum Number of Bids, Administration and Handling Fees, Start Date, End Date where and if applicable.

"lowBIDS Auction" means the specific auction format described in this Agreement;

"Bid" means an offer by a specific Bidder to pay a specific Bid Amount for a product or service in an lowBIDS Auction that is accepted by lowBIDS

"Member" means a natural person or legal entity who is not under any legal disability to enter into a legally binding contract

"Bidder" means a Member who has placed a specific Bid Amount for a product or service in a lowBIDS Auction that is accepted by lowBIDS

"Bid Amount" means the value in Australian Dollars bid for a particular item in a lowBIDS Auction

"Bid Increment" means the amount that is permitted by lowBIDS to separate possible Bid Amounts where and if applicable

"Lowest Unique Bid" means the lowest bid placed that is the only bid at that amount.

"Item" means one unit/package of a particular product/service on offer for a specific lowBIDS Auction.

"Quantity Available" means the number of items that are available in a specific lowBIDS Auction

"Qualifying Unique Bid" means the lowest unique bid

"Required (Req.) Bids" means the number of Bids that are required to close which also then specifies the highest number of bids that will be accepted for a specific lowBIDS Auction

"Successful Bidder" means the Bidder that is determined by lowBIDS to have the right to purchase a specific product/service on a lowBIDS Auction

"Start Date" means the date on which lowBIDS will commence to accept bids in respect of a nominated lowBIDS Auction

"Unique Bid" means a bid that is different from any other bid amount for that specific auction.

2. The Concept

For each particular lowBIDS Auction, lowBIDS will determine the following:
1. The product /service for sale by auction.
2. The required number of bids for the auction.
3. The Administration Fee per Bid.
If applicable lowBIDS may specify the following:
1. A Bid Limit for a particular lowBIDS auction; and
2. The Quantity Available.

3. Making a Bid

The success of such a concept relies on fair and honest participation by Bidders. A Bidder must not in any circumstances disclose details of their Bid to any other person before the Closing Date. In particular, a Bidder must not collude or enter into any arrangement of any sort with any other Bidder(s).
In order to make a Bid, a Bidder must be aged 18 or over and entry of a Bid is on the basis that you are aged 18 or over, and are a current Member of lowBIDS
A Bid is only considered accepted once payment of Administration Fee has been physically recorded as a received payment in the lowBIDS system. Approved credit/debit card payments through Paypal for the purchase of Credits to be used as payments for the Administration Fees are automatically recorded as received payments once payment has been confirmed through our payment gateway.
lowBIDS reserves the right to cancel any Bid without making a refund of the applicable Administration Fees under any one or more of the following circumstances:
1. The Bidder provides any false, misleading or invalid information of any kind when registering or purchasing Credits or when placing a bid.
2. A fraudulent credit card is used to purchase Credits to pay for the relevant Administration Fee.
3. The bank or other credit institution reverses the credit card transaction for the purchase of Credits for the submission of the Administration Fee.
4. A Member co-operates in any way with another Member when placing a Bid.
5. Any other breach of this agreement.
lowBIDS reserves the right to cancel any Bid and offer a refund of the applicable Administration Fees in Credits to the Members Account under any one or more of the following circumstances:
1. If the Required Number of Bids has not been reached and the auction cancelled.
lowBIDS shall not be liable for any causes preventing the receipt of bids for any reason, including but not limited to failure of the hardware or software providing access to the Internet or any other technical difficulties whatsoever.

4. The Bid Process

A lowBIDS Member may select to place a bid on any of the Auctions in process by clicking the “Bid Now” button on the Auction lot.
A Member who intends to submit a bid will be charged the Admin Fee for placing each Bid on each Auction item which is payable at the time of submitting the bid from the Member account.
By placing a bid and paying the Admin Fee, the Member acknowledges that he or she are aware of the Auction variables and lowBIDS Terms and Conditions and Privacy Policy.
The Admin Fee is only refundable in the case of the relevant Auction being cancelled.
The Bid Amount is the value of the bid that the Member submits and this amount is only payable after the conclusion of the relevant Auction by the Successful Bidder.

5. Determinations of the Successful Bidder

The Member that places the lowest Unique Bid is determined the Successful Bidder for that particular lowBIDS Auction Item thereby having the right to purchase the particular product for the amount of the Lowest Unique Bid.
Should there be no successful Lowest Unique Bid then the Successful Bidder will be selected from the lowest Bid with exactly two Bids with the Bidder who answered all the Qualifying Questions (if qualifying questions have been asked for that particular product) correctly and Bid first at that Bid being selected. Should there be no Bid with exactly two Bids where either Bidder answered all the Qualifying Questions correctly (again if qualifying questions have been asked), then the process is repeated for the lowest Bid with exactly three Bids and so on until there is a Successful Bidder.
Should the Successful Bidder fail to pay for the product /service within 14 days of the Closing Date then the right to purchase the product service at the Successful Unique Bid will be forfeited.
There may be a period of up to 72 working hours from the Closing Date until the auction results are announced. This period is to allow for the reconciliation of Bids and the auditing of results, if required.

6. Payment of the Processing Charge

The Member warrants that he/she is the owner of the credit/debit card and is authorised to make use of it for the purposes purchasing Credits for participating in lowBIDS Auctions.
A minimum of $10 credit must be purchased.
lowBIDS uses one or more third-party payment service providers for the acceptance of payments for lowBIDS Auctions. While lowBIDS has endeavoured to ensure that due care is exercised in handling credit/debit card information, including the use of Secure Sockets Layer (SSL) for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password / firewall access controls to this information, lowBIDS will not be liable for any compromise or misuse of this information.

7. Payment of the Processing Charge

Once Credits have been purchased, then any refunds deemed due under these terms and conditions as per clause (4.4) will be refunded in Credits to the Members Account. lowBIDS will not make any cash refunds under any circumstances.
Neither purchased Credits or promotional Credits can be exchanged for cash or refunded. They can only be used towards Administration Fees on lowBIDS Auctions.
In a case where lowBIDS offers a credit of Administration Fees as per clause (6.1), the Members Account will be credited with Credits to the amount due, and such Credits may then be used to offset Administration Fees on future lowBIDS auctions.

8. Delivery of Products/Services

The delivery of the product and/or the service to the Successful Bidder is subject to payment in full of the Successful Unique Bid by the Successful Bidder, deducted from the Successful Bidders Member account.
Any transfer and/or delivery costs which are payable in addition to the successful Bid will be stated in the particulars of the relevant lowBIDS Auction, and must be paid by the Successful Bidder.
It should be understood that lowBIDS is not the supplier of the products/services , and that the products/services may be supplied to Successful Bidders directly from the suppliers and/or the producers and/or the importers and/or the service providers , subject to the conditions stated in this agreement.
Guarantees for products /services will only be provided as stated in the auction description for each particular lowBIDS Auction (no mention of a guarantee will imply no particular guarantee). Your statutory rights are unaffected.
Except to the extent that is required by law, lowBIDS is not responsible for the quality of the product, its fitness for purpose, its faults and/or unsuitability causing loss or damage to the user.

9. Data Protection and Privacy

lowBIDS acknowledges its duties under the Data Protection Act 1998 as a data controller. lowBIDS will not sell personal Bidder information to any third-party, or use that information other than for the performance of this agreement without the express consent of the Bidder.
lowBIDS may however, disclose such personal information without consent if required to do so by law, or in response to a valid request from a law enforcement or governmental authority.
For further information in relation to personal information we hold about you please see separate privacy policy.

10. Publicity

lowBIDS may, at its sole discretion, release any information concerning the status of a lowBIDS auction during the course of an auction.
Each Member acknowledges that, if he/she becomes the Successful Bidder, lowBIDS will be permitted to publicise his/her username, and location (not their personal address), Bid, and the product /service , which was the subject of the relevant lowBIDS Auction.
lowBIDS may, at its discretion but is not obliged to, make the Bid of each individual Bidder, or any other information relating to a particular lowBIDS auction, publicly available after the Closing Date.

11. Liability

lowBIDS shall not be liable for any failure to perform its obligations under this agreement caused by matters beyond its reasonable control.
lowBIDS shall not be liable to any Bidder or Successful Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise).
Nothing in this agreement limits lowBIDS liability for death or personal injury resulting from lowBIDS negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
lowBIDS excludes all and any liability whatsoever for any third-party advertising which may appear on this site or with respect to the contents of any third-party controlled website which may be accessed by means of any link from this site and gives no warranty or representation that any such links are virus-free or that the contents of any third-party website are accurate, complete, accessible in whole or in part or are fit for any particular purpose.

12. Severance

If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.