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Terms

Effective Date: 12 September 2024

Welcome to BidZenith, an Australian website providing a real-time data auctioning platform ("the Website").

By accessing or using our services, you agree to comply with these Terms of Service.

These Terms of Service are between you ("you," "Customer", "Seller", "Buyer" (with respect to a business, organization or other legal entity), or "User" (with respect to an individual)) and CAM2 Pty Ltd ABN 38 677 181 029, an Australian company ("CAM2", "BidZenith", "we", "our", or "us"). They describe your rights and responsibilities when using the Bid Zenith platform (the "BidZenith Platform"), including related downloadable software ("Software") and technology services offered by us (collectively, the "Services").

Please read them carefully.

1. Acceptance of Terms​

By using the Website, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Website or to products and services available through the Website.

2. Changes to Terms​

We reserve the right to modify these Terms of Service at any time. Any changes will be posted on the Website, and your continued use of the Website after such changes constitutes your acceptance of the revised terms.

3. Eligibility​

To use the Website, you must:

  1. Be at least 18 years of age.
  2. Have the legal capacity to enter into binding contracts.
  3. Comply with all applicable laws and regulations, including those of Australia.

4. Availability​

The Website or Services may be temporarily unavailable due to scheduled maintenance, unscheduled emergency maintenance by us or our third-party providers, or causes beyond our reasonable control. We will make reasonable efforts to provide advance notice of any scheduled downtime.

5. Restrictions​

You are prohibited from:

  1. Reverse engineering, copying, modifying, distributing, or attempting to uncover the source code or components of our Products (except as provided in our documentation, APIs, or open source software).
  2. Reselling, sublicensing, or distributing our products or services, whether for free or for payment, and whether individually or bundled with other offerings.
  3. Misrepresenting your identity or affiliation with any person or entity.
  4. Attempting to bypass any licensing or contractual restrictions, whether actual, intended, or implied, on your use of the Products.
  5. Using our products or services if you are a direct competitor, or for the purpose of monitoring, benchmarking, or evaluating them for competitive reasons.
  6. Engaging in any activity that violates our Acceptable Use Policy.

We reserve the right to:

  1. Suspend the supply of our Products, with or without notice.
  2. Terminate your Agreement(s) in the event of a breach of these restrictions.

6. Account Registration​

To use the Website, you are required to register a user account. You agree to provide accurate and complete information during registration and keep your user account information updated. You are responsible for safeguarding your user account credentials and for any activity that occurs under your user account.

7. User Conduct​

Users must not:

  1. Engage in fraudulent, illegal, or harmful activities.
  2. Use the Website to infringe upon the rights of others.
  3. Manipulate or interfere with the auction process, including placing false bids or using bots or other automated systems.

8. Fees and Charges​

The Website may charge fees for certain services, including winning auctions. These fees will be disclosed to you before you incur them. You agree to pay all applicable fees and taxes related to your use of the Website.

9. Intellectual Property​

9.1 Ownership​

We retain all rights, title, and interest in our intellectual property, whether created before or after your Agreement. We only license or grant rights to our intellectual property where expressly stated in your Agreement. You may not use, modify, or distribute any content without prior written consent from BidZenith.

9.2 License to Feedback​

You grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our Products any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by you, your Affiliates, or your respective end users.

9.3 Third-Party and Open Source Material​

Our Products may use or include material licensed from third parties, including material under an open source or public license. We will identify such material in the Product, documentation, or on our website. The terms of the open source or public license will apply to that material, including access to source code, modification rights, and reverse engineering rights. If you use our Products within your permitted scope and without distributing the software to third parties, the open source licenses will not impose obligations beyond those stated in your Agreement.

10. Privacy​

Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Website, you agree to the terms outlined in the Privacy Policy.

11. Limitation of Liability​

CAM2 WILL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE SERVICES BY YOU OR ANY THIRD PARTIES OR ANY FAILURE OF THE SERVICES; OR (B) ANY LOSS, EX-FILTRATION, DISCLOSURE OR CORRUPTION OF CUSTOMER DATA, YOUR CONTENT OR OTHER DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM SERVICE INTERRUPTIONS, FAILURE OF CAM2'S NETWORK, RECLAMATION OF SERVERS, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER. IN NO EVENT SHALL CAM2'S AGGREGATE LIABILITY UNDER THE AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY THE CUSTOMER TO CAM2 IN THE BILLING CYCLE IMMEDIATELY PRECEDING SUCH CLAIM. NO CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE ASSERTED BY CUSTOMER AGAINST CAM2 MORE THAN ONE (1) YEAR FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.

12. DISCLAIMER OF WARRANTIES​

CAM2 PROVIDES ALL SERVICES "AS IS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE OF THE SERVICES. CAM2 DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, AND ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ERRORS IN THE SERVICES OR FOR THE CONSEQUENCES OF ANY SUCH ERRORS. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR CONTENT, PRIVACY, TECHNOLOGY, CUSTOMER DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALS. CAM2 WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY MATERIALS AND SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS OR TO THESE ITEMS BY THE SERVICES), FOR THE COLLECTION, USE AND DISCLOSURE OF CUSTOMER DATA AUTHORIZED BY THIS AGREEMENT, OR FOR DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER BASED UPON THE SERVICES. THE DISCLAIMERS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.

13. Termination​

We reserve the right to suspend or terminate your access to the Website at any time for any reason, including but not limited to violations of these Terms of Service or fraudulent activity.

14. Governing Law​

These Terms of Service are governed by and construed in accordance with the laws of Australia. Any disputes arising from your use of the Website will be subject to the exclusive jurisdiction of the courts of Australia.

15. Contact Information​

For any questions or concerns regarding these Terms of Service, please contact us at [email protected].

By using BidZenith, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.