Terms & Conditions

Introduction:

This User Agreement, the Biddydeal User Privacy Notice,the Mobile Device Terms and all policies posted on our sites set out the terms on which biddydeal offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

If you reside in the United Kingdom you are entering into a contract with Biddydeal (UK) include address.

About Biddydeal:

Biddydeal is a marketplace that allows businesses and users to offer to sell or buy just about anything in a variety of pricing formats and locations. Biddydeal does not have possession of anything listed or sold through Biddydeal and is not a party of the resulting contract between users and businesses. When the contract concerns the provision of a service such as but not limited to buying a restaurant meal, or buying a travel package, Biddydeal is not the service provider. The contract for the sale or the contract for the provision of service is directly between business and user.

While we may provide pricing, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Biddydeal does not review users' listings or content. While we may help facilitate the resolution of disputes through our dispute resolution policy, Biddydeal has no control over and does not guarantee the existence, quality, truth, accuracy of content, and safety or legality of items or services advertised by businesses or users; We do not guarantee the truth or accuracy of business or user’s feedback; the ability of businesses to sell items; provide a service, and the ability of users to pay for items or the service; or that a user or business will actually complete a transaction.

Businesses must have a valid payment method on file with Biddydeal at all times. You authorise Biddydeal to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by Biddydeal. This includes, but is not limited to, amounts owed for Biddydeal fees. Biddydeal will notify you of these charges. If payments or amounts owed to Biddydeal cannot be completed through the payment method on file for any reason, you remain obligated to pay Biddydeal for all unpaid amounts and Biddydeal reserves the right to seek reimbursement through other means plus any additional costs incurred by Biddydeal in seeking reimbursement. You can change your payment method in the account settings at any time.

Using Biddydeal:

In connection with using or accessing the Services you will not:

• Post, list or upload content or items in inappropriate categories or areas on our sites;
• Breach or circumvent any laws, third party rights or our systems or policies;
• Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
• Fail to pay for items or services purchased by you, unless you have a valid reason as set out in a Biddydeal policy, the seller or service provider has materially changed the item's description after the handshake, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
• If you are a business fail to deliver items sold by you, unless you have a valid reason as set out in an Biddydeal policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
• If you are a business fail to provide a service agreed to be provided by you, unless you have a valid reason as set out in a Biddydeal Policy, for example if the recipient of the service fails to comply with the terms posted in your listing, or you cannot contact the recipient of the service.
• Manipulate the price of any item or interfere with any other user's listings;
• Post false, inaccurate, misleading, defamatory, or libellous content;
• Take any action that may undermine the Feedback or ratings systems
• Transfer your Biddydeal account (including Feedback) and user ID to another party without our consent;
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Use the contact information of other users for any purpose other than in relation to a specific Biddydeal transaction (which includes using this information to send marketing materials directly to Biddydeal users unless the user has given explicit consent to receiving these materials);
• Distribute viruses or any other technologies that may harm Biddydeal, or the interests or property of Biddydeal users;
• Use any robot, spider, scraper or other automated means to access our Services for any purpose.
• Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• Export or re-export any Biddydeal application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• Infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Biddydeal. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Biddydeal or someone else;
• Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• Commercialise any Biddydeal application or any information or software associated with such application;
• Harvest or otherwise collect information about users, such as email addresses, without their consent; or
• Circumvent any technical measures we use to provide the Services.

If you are registering with Biddydeal as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Biddydeal, you must comply with all applicable UK laws relating to online trading for the site you are selling on.

You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.

If we believe you are violating the policy on Offers to buy or sell outside of Biddydeal, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of business to user, and recovery of expenses for policy monitoring and enforcement; and if you are a business and you offer or reference your contact information or ask for the user’s contact information in the context of buying or selling outside of Biddydeal, you will be liable for all final value fees in consideration for the introduction to a user for that item or service on the Biddydeal site, even if the item or the service offered does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Abusing Biddydeal:

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel handshakes, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

• We think that you are creating problems or possible legal liabilities;
• We think that such restrictions will improve the security of the Biddydeal community or reduce our or another Biddydeal user's exposure to financial liabilities;
• We think that you are infringing the rights of third parties;
• We think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
• Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
• You fail to make full payment of any fees due for our Services by your payment due date.

When a user’s or business’s issue arises we may consider the business’s or user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both users and businesses.

Fees

The fees we charge for using our Services are listed on our business fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the Biddydeal site or via the Messages section of My Biddydeal 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

If you are a Business, you are liable for transaction fees arising out of all completed transactions with users that were introduced by Biddydeal following a handshake, even if sales terms are finalised or payment is made outside of Biddydeal. In addition, if you are a business and you offer or reference your contact information or ask for a user’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a user for that item or service on the Biddydeal site, even if the transaction does not actually complete.

You are required to have a payment method on file when selling on Biddydeal. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Listing Conditions

If you are a business and you list an item or a service you agree to comply with the ‘business listing policy’. If you are a user you agree to comply with the ‘user’s listing, and using Biddydeal policy’. You also agree that:

• You are responsible for the accuracy, content and legality of the item or service listed and agree to list in accordance with the prohibited and restricted Items and services policy;
• You are responsible for reading the full item listing before handshaking on the item or service;
• You agree that you will not list items of services that are illegal or breach UK laws
• Your listing may not be immediately searchable by keyword or category for up to 24 hours. Biddydeal does not guarantee exact listing durations;
• Content that violates any of Biddydeal's policies may be modified, obfuscated or deleted at Biddydeal's discretion;
• Where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price, Feedback, Biddydeal policy compliance and detailed business ratings.
• Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;

We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other businesses;

Some optional upgrade features will only be visible on certain Biddydeal Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Biddydeal policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

Restricting Funds

To protect against the risk of liability, Biddydeal has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a business’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case in accordance to our dispute resolution policy. This may result in PayPal determining to restrict funds in your PayPal account.

Additional Terms

Returns

Each business will have its return policy. A Business must include clearly in the listing details about its return policy, It is the user’s responsibility to read and understand business’s return policy

When a transaction is cancelled, and you choose to refund the buyer via Biddydeal, you authorise Biddydeal to request PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer. See our Cancellation Policy for more details.

Advertising

If you do not wish to participate in our advertising personalisation programs, you can opt-out by following the directions provided within the applicable advertisement, or through the programs described in our User Cookie Notice . The effect of an opt-out will be to stop personalised advertising, but it will still allow the collection of personal information as otherwise described in this privacy notice. We do not allow third parties to track or collect your personal information on our sites for their own advertising purposes, without your consent.

Biddydeal dispute resolution policy

The following policy applies where the user paid a deposit or partial or full payment in return for a service or an item. Most Biddydeal transactions go smoothly, but if there’s a problem with a transaction, the business agrees to adhere to the Biddydeal dispute resolution policy which is part of this User Agreement and incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.

Alternatively businesses may register with a recognised ADR entity within the meaning of the consumer ADR Directive 2016. Users can elect either to use Biddydeal’s dispute resolution policy or use to the ADR entity.

Business must have a payment method on file with Biddydeal. Businesses may change this payment method by contacting Biddydeal. If we resolve a case in the user’s favour, or if a business chooses to reimburse a user, Biddydeal may notify PayPal of the relevant case and remove funds from the business's PayPal account to reimburse the user for the full cost of the item service or in case only a deposit was paid the return of that deposit. Where there are insufficient funds in the seller's PayPal account, we will directly refund the buyer and charge the seller's designated payment method or put the amount on the seller’s invoice.

For this purpose, you the business:

• Authorise and instruct us to request PayPal to collect or reverse variable amounts from your PayPal account to carry out a user reimbursement;
• Authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a user reimbursement where you do not have sufficient funds available in the transaction currency;
• Authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process. (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies. See Restricting funds.);
• Authorise and instruct us to charge the payment method you select to recover the amount we pay to the user (in cases where we refund the buyer directly); and
• Authorise and instruct us to place the reimbursement amount on the business invoice, including but not limited to the cost of return postage labels.

You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the Biddydeal dispute resolution policy. For future claims, where we resolve a dispute in the user's favour, we will notify the seller and continue to charge the seller's preferred method of payment. If sellers do not provide Biddydeal with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

Correcting mistakes in payments to users and businesses

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Biddydeal dispute resolution policy refund or reimbursement.

Liability

We try to keep Biddydeal and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. listing update and other notification functionality in Biddydeal's Services may not occur in real time. Such functionality is subject to delays beyond Biddydeal's control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

• Your use of or your inability to use our Services;
• Pricing, or other guidance provided by Biddydeal;
• Delays or disruptions in our Services;
• Viruses or other malicious software obtained by accessing, or linking to, our Services;
• Glitches, bugs, errors, or inaccuracies of any kind in our Services;
• Damage to your hardware device from the use of any Biddydeal Service;
• The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account or breach of the Abusing Biddydeal section;
• The duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
• Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items or services you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by users and businesses, business and user verification on the internet is difficult. Biddydeal cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of businesses’ or users' purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price the service or item sold for on Biddydeal (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Biddydeal's Services or your breach of any law or the rights of a third party.

Legal Disputes

If a dispute arises between you and Biddydeal, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Biddydeal both agree to submit to the exclusive jurisdiction of the English Courts.

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

You agree that we may at any time and without notice set-off any of the amounts held in Biddydeal user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the Biddydeal group (including, without limitation, in respect of any services provided by any member of the Biddydeal group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an Biddydeal credit balance held or controlled by you.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email, or via the Messages section of My Biddydeal or by posting the amended terms on www.Biddydeal.co.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and an Biddydeal representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Biddydeal site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

Biddydeal's legal team works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our legal team through our Customer Service Team and we will investigate.

The User Agreement, the Biddydeal User Privacy Notice and all policies posted on our site are the entire agreement between you and Biddydeal and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement:Fees (with respect to fees owed for our services),Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Biddydeal (UK) Limited include the address. We shall send notices to you by email to the email address you provide to Biddydeal during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.