Terms & Conditions


By accessing, downloading, installing or using the ViewBid application (Application), you are subject to the following terms, which may be updated by us from time to time: the agreement in this document (EULA); our Terms and Conditions (viewbid.com.au/terms); and our Privacy Policy (bnrc.com.au/privacy).
Before accessing, downloading, installing or using the Application, you should read Eula, Terms and the Privacy Policy carefully. The Terms in this document permit users to access and use the Application including using the services and functionality made available through the Application, viewing Product Content (defined in clause 2(c)) provided by ViewBid and third parties, communicating with ViewBid and reviewing product and service informationYou agree to be bound by these Terms by:
clicking to accept the Terms, where this option is made available to you when you sign up as a User; or
using or accessing any part of the Application.
If you do not agree to these Terms, you are not permitted to access and use the Application and you should immediately cease using the Application.ViewBid may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Application will be governed by the most recent Terms posted within the Application or on our website at www.viewbid.com.au (Website). By continuing to use the Application, you agree to be bound by the most recent Terms. It is your responsibility to check the Terms regularly which can be accessed via the Application or on the Website for updated versions of the Terms.ViewBid is committed to ensuring that the Application is efficient and up-to-date. As such, the Application is subject to change at any time and for any reason without notice and may contain errors. Such change may also include Application update(s) from time to time without notice. The Application is currently available through the major app stores(and for any additional systems we decide to extend the availability of the Application to), and you will need to download the updates to continue using the Application. We give no guarantee that such update(s) will always work with your Os version that you have installed on your device.
Tada Auctions Pty Ltd Application Terms and Conditions
This application is owned and operated by Tada Auctions Pty Ltd (ACN 613 710 026) (Tada Auctions).In this document, “we” and “us” mean Tada Auctions and “you” means you, the User or application visitor. Your acceptance
Your Acceptance
◦ by accessing, downloading, installing or using the Tada Auctions application (Application), you are subject to the following terms, which may be updated by us from time to time:
◦ the terms and conditions in this document (Terms and Conditions); and
◦ The Terms in this document permit users to access and use the Application including using the services and functionality made available through the Application, viewing Product Content (defined in clause 2(c)) provided by Tada Auctions and third parties, communicating with Tada Auctions and reviewing product and service information.
◦ You agree to be bound by these Terms by: clicking to accept the Terms, where this option is made available to you when you sign up as a User; or using or accessing any part of the Application.
◦ If you do not agree to these Terms, you are not permitted to access and use the Application and you should immediately cease using the Application.
◦ Tada Auctions may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Application will be governed by the most recent Terms posted within the Application or on our website at www.viewbid.com.au (Website). By continuing to use the Application, you agree to be bound by the most recent Terms. It is your responsibility to check the Terms regularly which can be accessed via the Application or on the Website for updated versions of the Terms.
◦ Tada Auctions is committed to ensuring that the Application is efficient and up-to-date. As such, the Application is subject to change at any time and for any reason without notice and may contain errors. Such change may also include Application update(s) from time to time without notice. The Application is currently available through the major app stores(and for any additional systems we decide to extend the availability of the Application to), and you will need to download the updates to continue using the Application. We give no guarantee that such update(s) will always work with your Os version that you have installed on your device.
The Application
◦ The Application offered by Tada Auctions allows agents to quickly and easily record an auction, as well as broadcast the auction live to colleagues. They can also share the current price with auction attendants and the auctioneer, all in real time. When the auction is complete, it automatically creates a table of every bid and update, the result and the notes, and allows the user to share it via email.
User registration and passwords
◦ In order to access the Application, you must sign up to be a User. You will need to register your details through the Application.
◦ To ensure that we have the most accurate details for your auction, you will be requested to provide your name, email and phone number during the sign up process. For security purposes, we will also require you to set a 4 digit pin (Pin) which will be prompted every time you use the Application.
◦ Once you have signed up for an account, you will be required to enter your Pin each time you wish to log on to the Application.
◦ You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform us if there is any change to this information or data.
◦ You agree that you will not disclose, or permit disclosure of, the Pin to any person. You will be fully responsible for all acts and omissions of any person who accesses your account using your Pin, as if they were your own acts and omissions. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Pin, and you will indemnify us against all loss, damage, claims, costs or demands in this regard.
◦ You may elect to change your Pin at any time using the facility provided through the Application. You must immediately notify us of any Pin which is lost, disclosed or becomes inoperable or used in an unauthorised manner.
Advertising
◦ We retain all rights to make available any advertisements we deem fit on the Application on our own behalf and on behalf of any third parties.
◦ You agree for data to be sent to third parties and advertisements to be displayed on your Application when you use or access any part of the Application.
Application licence and use
◦ Subject to the restrictions specified in clause 7,  Tada Auctions grants you a worldwide, non-exclusive and non-transferable licence to download, use and access the Application for your own personal use in accordance with the Terms.
◦ All rights pertaining to any information, photo, video, comment, review, content, communication, text, or other material that you post and submit to the Application (User’s Content) belongs to you. However, you acknowledge and agree that you are responsible for the User’s Content that you post and submit to the Application and by posting, linking or submitting your User’s Content to the Application, you grant to Tada Auctions a worldwide, non-exclusive, non-transferable and royalty free licence to download, use, access, copy, reproduce, distribute, transfer and publish the User’s Content it deems fit including without limitation, to carry out the services provided under the Application, to distribute to any media and for legal purposes.
◦ User’s Content that you post on the Application or otherwise provide or communicate to Tada Auctions will be treated as non-confidential and non-proprietary information.
◦ Tada Auctions has the right, but not the obligation, to monitor any User’s Content made available by you on the Application. Tada Auctions reserves the right, in its absolute discretion, to block, modify or remove any User’s Content contained on the Application without notice, and will not be liable in any way for possible consequences of such actions.
Prohibited uses
◦ Except as otherwise expressly permitted by Tada Auctions, you must not:
◦ use the Application for inappropriate or illegal purposes.
◦ copy, modify or make derivative works of the Application and the Product Content or any portion of the Application or the Product Content;
◦ reverse engineer or attempt to extract the source code of the Application;
◦ make available the Application or Product Content to any third parties without our prior written approval, for example, by sublicensing, leasing, assigning, redistributing publishing, transferring or selling;
◦ engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
◦ impersonate or falsely claim to represent a person or organisation;
◦ upload, post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Application in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
◦ post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
◦ Unauthorised and inappropriate use of the Application may give rise to the following:
◦ a claim for damages and/or may result in legal proceedings being taken against you; and/or
◦ suspension and/or termination of your use of the Application in accordance with clause 12(a).
◦ Tada Auctions provides no warranties and cannot guarantee that any file, program, access or use of the Application is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Application you assume all risk in this regard and you release Tada Auctions from all applicable liability and responsibility.
Links
◦ The Application may contain links to other websites or applications. Tada Auctions provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those websites, their operators, the goods, services or content that they describe.
◦ Other websites or applications which are linked to the Application are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Tada Auctions is not responsible for and will not be liable in respect of the content or operation of those websites or applications any of the goods, services or content that they describe. Tada Auctions is not responsible for and will not be liable in respect of any incorrect link to an external website or applications.
Access and Communication
Any personal information submitted by you to ViewBid including for the purpose of purchasing a Subscription is subject to and will be handled in accordance with ViewBid's privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at www.viewbid.com.au/privacy . You agree that, by using the Application or communicating with ViewBid, you have read the Privacy Policy, understood its contents and consented to its requirements.
Intellectual property rights
◦ Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Tada Auctions does not warrant that you will have continuous access to the Application. Tada Auctions will not be liable in the event that the Application is unavailable to you due to device or service limitations, malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
◦ Tada Auctions does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Tada Auctions does not guarantee the security or confidentiality of these communications or the security of the Application.
◦ Details contained on the Application relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. Tada Auctions does not warrant that:
◦ the goods or services available on this Application; or
◦ the Application and its Product Content,
◦ comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
◦ If you access and use the Application or its Product Content from outside Australia you do so at your own risk.
Privacy
◦ Any personal information submitted by you to Tada Auctions including for the purpose of purchasing a Subscription is subject to and will be handled in accordance with Tada Auctions's privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at [insert]. You agree that, by using the Application or communicating with Tada Auctions, you have read the Privacy Policy, understood its contents and consented to its requirements.
Intellectual property rights
◦ All intellectual property rights, including copyright and patents in the Application, Tada Auctions's goods and services, and all components of them are owned or licensed by Tada Auctions or any of its related entities. You must not copy, modify or transmit any part of the Application.
◦ The Application contains trademarks, logos, service names and trade names of Tada Auctions or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Application.
◦ You acknowledge that certain Product Content is provided under licence from third parties, which may be subject to intellectual property rights owned by those third parties.
Suspension and Termination
◦ Subject to clause 5, you may terminate your Subscription at any time on written notice to Tada Auctions or via the third party supplier which manages your Subscription.
◦ Tada Auctions may at any time immediately suspend or terminate your access to the Application or any feature of the Application for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
◦ Where reasonably able to do so, Tada Auctions will provide reasonable notice to you if it intends to discontinue your access or use of the Application.
◦ Unless provided otherwise, upon any suspension or termination, the rights and licences granted to you in these Terms will end and you must stop using the Application.
Disclaimer of warranties and limitation of liability
◦ To the full extent permitted by law, Tada Auctions excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Application, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Application, the Product Content, the User’s Content, the conduct of any users, all links to or from the Application and the goods and services listed, advertised or accessible on the Application.
◦ Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) Tada Auctions excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Application, the Product Content, the User’s Content and all links to or from the Application.
◦ Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) Tada Auctions excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services listed, advertised, accessible or made available on the Application.
◦ We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any services you receive after using the Application or for any acts, omissions, errors or defaults of any third party in connection with that service.
◦ Whilst every effort is made to ensure the Product Content information provided on the Application is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any information on the Application is not an endorsement of any organisation, product or service.
Indemnity
◦ You agree to fully indemnify Tada Auctions, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
◦ any breach of these Terms by you;
◦ your access or use of the Application; or
◦ your communications with Tada Auctions or any other third party.
Jurisdiction and law
◦ These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Waiver
◦ If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Severability
◦ Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
Entire Agreement
◦ The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Tada Auctions. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Tada Auctions.
Contacting us
◦ If you have questions about the Application, the Terms or Privacy Policy, please contact us at www.viewbid.com.au/contact .