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Buyer Terms and Conditions

Effective Date: July 8, 2025

Welcome to BidRush! By using our website at www.bidrush.com (the “Site”) and any related services, features, applications, or mobile apps (collectively, the “Services”), you agree to abide by the following Terms and Conditions (“Terms of Service”).

These Terms of Service constitute a legally binding agreement between you and BidRush, Inc. (“BidRush,” “we,” “us,” or “our”). Please read these Terms of Service carefully before using the Services. If you do not agree to these Terms of Service, do not access or use the Services.

By placing a bid, the buyer acknowledges and confirms that they have read and understood the seller's terms and conditions of sale and agree to be bound by them before submitting any bid with the respective seller.

1. Eligibility and Account Registration

  • Age Requirement: You must be at least 18 years old and capable of forming a legally binding contract to use the Services.
  • Account Registration: To use certain features of the Services, you must register for an account, provide accurate and complete information, and keep this information up to date. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
  • Account Suspension and Termination: BidRush reserves the right to suspend or terminate your account at any time, for any reason, including inactivity or violation of these Terms of Service, without prior notice.

Violations include (but are not limited to):

  • Non-payment of auction wins
  • Fraudulent activity
  • Abusive or threatening behavior
  • Repeated violations may result in additional penalties, including legal action

2. Use of the Services

Prohibited Activities:

You agree not to engage in the following:

  • Manipulating item prices or interfering with bids
  • Circumventing technical measures
  • Selling prohibited items (e.g., stolen goods, illegal substances)
  • Using bots or scrapers
  • Shill bidding
  • Creating multiple accounts or false identities
  • Collecting user information without consent
  • Unauthorized access or interference with servers
  • Fraudulent activities or intellectual property violations

Compliance with Law Enforcement:

BidRush may disclose user information to authorities as required by law, subpoena, or to protect our rights and the safety of others.

3. Bidding and Purchasing

  • Binding Bids: All bids are binding offers. Bids cannot be retracted once placed.
  • Soft Close Feature: Last-minute bids will extend the auction to allow fairness.
  • Auto Bids: Allows automatic bidding up to a specified amount.
  • Bid Correction/Retraction: Contact support no later than 24 hours before auction close for bid errors. Retractions are discretionary.
  • No Shill Bidding: Any form of artificial price inflation is prohibited and subject to penalties.
  • Mis-Listed Items: Notify seller at pickup if discrepancies exist. Claims must be made to seller before item pickup.

4. Payments

  • Payment Information: Must keep valid payment information on file.
  • Buyer’s Premium: Added if set by the store owner.
  • Sales Tax: May apply depending on seller's setup.
  • Failure to Pay: May result in suspension, legal action, forfeiture of items, and collection fees.

5. Pickup and Shipping

  • Pickup Obligations: Must pick up items on time.
  • Abandoned Items: May be resold, donated, or disposed of. Buyer remains liable for related fees.
  • Shipping: Sellers may offer shipping. BidRush is not responsible for shipping or transit damages.
  • Title and Risk of Loss: Transfers upon receipt of payment.

6. Returns and Refunds

  • As-Is Sales: All items sold "as-is, where-is." No guarantees or warranties.
  • Return Policy: Returns are not accepted.
  • Shipping Damage: BidRush is not responsible for damage during shipping.

7. Indemnification

You agree to indemnify and hold harmless BidRush and its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses, including attorneys’ fees, resulting from:

  • Your use of the Services
  • Violation of these Terms
  • Infringement on third-party rights

8. Limitation of Liability

  • General Limitation: BidRush is not liable for indirect, incidental, special, or consequential damages, including lost profits or data.
  • Maximum Liability: Limited to the greater of $100 or the amount paid to BidRush in the past 3 months.
  • Disclaimer of Warranties: Services and items are provided "as is" without any warranty.

9. Dispute Resolution and Arbitration

  • Transaction Disputes: Users are encouraged to resolve disputes directly.
  • Agreement to Arbitrate: All disputes must be resolved through arbitration (except small claims or injunctive relief).
  • Class Action Waiver: No jury trials, class actions, or collective proceedings.
  • Governing Law: Ontario (Canada) law applies. Disputes are resolved in Ontario.
  • Amicable Resolution: Contact BidRush at [email protected] before pursuing arbitration.
  • Limitation Period: All claims must be brought within 180 days.

10. Mobile Application Terms

  • General: The app may not have full website functionality. Users must comply with applicable laws and app store terms.
  • Updates: You must install updates promptly.
  • App Store Compliance: Apple is not responsible for the app’s content or support.

11. Force Majeure

BidRush is not liable for failure or delay caused by circumstances beyond its control, including:

  • Website issues, data breaches, digital errors
  • Natural disasters, war, labor disputes, technical outages
  • Pandemics, or other unforeseeable events

12. User Content and Intellectual Property

  • License to BidRush: By submitting any user content to the Services, you grant BidRush a perpetual, irrevocable, royalty-free, worldwide license to use, copy, modify, display, distribute, and create derivative works from your content in any media or format, for any purpose, including commercial purposes, without further consent or compensation to you.
  • Content Guidelines: You agree that your content will not infringe on any third-party rights, be defamatory, obscene, or otherwise harmful. BidRush reserves the right to remove content that violates these guidelines.
  • Intellectual Property Rights: You represent and warrant that you own or have the necessary rights and permissions to grant BidRush the rights to use your content as described above. You also agree that your content will not violate any laws or third-party rights, including intellectual property, privacy, or publicity rights.
  • Indemnity for User Content: You agree to indemnify and hold BidRush harmless from any claims arising from the content you submit, including violations of intellectual property rights.
  • DMCA Compliance: If you believe that your copyrighted work has been infringed upon through the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing BidRush’s designated agent with the following information:
    • A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the material you claim is infringing is located on the Services.
    • Your address, telephone number, and email address.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. Miscellaneous

  • Severability: If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • Assignment: You may not assign any of your rights or obligations under these Terms of Service without BidRush’s prior written consent. BidRush may assign or transfer its rights and obligations under these Terms of Service without restriction.

  • Entire Agreement: These Terms of Service, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and BidRush regarding your use of the Services and supersede any prior agreements between you and BidRush.

  • No Waiver: The failure of BidRush to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

  • Cumulative Remedies: All rights and remedies provided to BidRush are cumulative and not exclusive, and the exercise by BidRush of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

  • Third Party Services and Integration: BidRush may integrate with third-party services to enhance the user experience. By using these services, you agree to comply with the terms and conditions of these third-party providers. BidRush is not responsible for the actions or policies of third-party service providers, and any issues arising from the use of such services should be directed to the respective provider.

  • No Agency Relationship: The use of BidRush’s Services does not create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and BidRush. You acknowledge that you are using the Services as an independent entity and are not acting on behalf of BidRush or in any capacity that would make BidRush responsible for your actions

14. Notification of Changes to Terms

BidRush reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the website. It is the responsibility of users to review the Terms and Conditions regularly to stay informed of any updates. Continued use of the Services following the posting of changes constitutes acceptance of those changes.

15. Gift Cards and Promotions

  • Gift Cards: BidRush may offer gift cards that are redeemable only on the BidRush platform and are subject to expiration dates and usage restrictions as outlined at the time of issuance.

  • Promotional Discounts: Promotional discounts are non-transferable and may not be combined with other offers.

  • Modification or Cancellation: BidRush reserves the right to cancel or modify promotions at any time without notice.

16. Use of Third-Party Payment Processors

BidRush uses third-party payment processors to handle transactions securely. By using the Services, you agree to the terms and conditions of these payment processors. BidRush is not responsible for any errors, delays, or issues that arise from the use of third-party payment services. Users are responsible for ensuring that their payment information is accurate and up-to-date.

By providing your credit card information to the third-party, you authorize the relevant Seller to charge your card for the full purchase amount of any successful bid, including the buyer's premium and applicable taxes. Your card will be charged within 24 hours of the auction's end. Failure to maintain valid credit card information on file may result in the termination of your access to the site.

To initiate your bidding privileges on BidRush, a $1.00 pre-authorization transaction could be applied to your statement. This is a temporary charge that will not settle and will drop off within 5-7 business days, depending on your card's issuing bank.

By submitting your credit card information to the payment processor, you also authorize BidRush to charge your card for any additional services you contract through the BidRush platform, as well as any associated taxes.

You certify that you are an authorized user of the credit card provided and agree not to dispute these charges with your card issuer, provided the transactions align with the terms outlined in this authorization.

All credit card information entered on BidRush is encrypted and securely processed by a reputable third-party payment processor. BidRush does not store your credit card information directly for security purposes.

BidRush's automatic debit system does not permit new card details to be applied retroactively to past purchases. It is solely the user's responsibility to ensure that the credit card information on file is current and accurate. If your card is declined for any reason (e.g., expiration, reissue, insufficient funds), you must contact the Seller directly to arrange payment and promptly update your card details on BidRush for future transactions.

17. Compliance with Laws

It is the responsibility of both buyers and sellers to ensure that their activities on BidRush comply with all local, state, federal, and international laws. This includes, but is not limited to, the sale, purchase, and transportation of items that may be regulated or restricted by law. BidRush is not responsible for any legal issues that arise due to non-compliance with applicable laws by users of the platform.

18. User Feedback and Ratings

BidRush could allow users to leave feedback and ratings for transactions. Feedback should be honest, constructive, and respectful. BidRush reserves the right to remove or edit feedback that violates our guidelines, including feedback that is defamatory, offensive, or irrelevant. Feedback is an essential part of our community, and we encourage all users to contribute positively to the platform. Abuse of the feedback system may result in suspension or termination of user accounts.