1. INTRODUCTION

1.1 This Agreement governs the relationship between BidAll.co.za ("BidAll", "the Platform", "we", "us") and any person registering as a bidder ("Bidder", "you", "your").

1.2 By registering an account, placing any bid, or using the Platform, you agree to be legally bound by this Agreement.

1.3 BidAll is a technology platform facilitating online auctions between independent buyers and auctioneers. BidAll is not an auction house, seller, buyer, broker, or agent of any party.

2. PLATFORM ROLE

2.1 BidAll provides infrastructure for online auctions, real-time bidding, payment facilitation, and optional escrow services.

2.2 BidAll does not take ownership of goods, inspect goods, guarantee legality, authenticity, or condition, or act as agent or representative of any user.

2.3 All transactions occur solely between Auctioneer and Bidder, except where escrow is expressly used.

3. BIDDER OBLIGATIONS

3.1 Binding Bids — All bids placed are legally binding. By placing a bid, you commit to purchasing the item if you are the winning bidder.

3.2 No Bid Retraction — Bids cannot be retracted, cancelled, or withdrawn once placed.

3.3 Payment Obligation — Winning bidders must complete payment within the timeframe specified by the Auctioneer or the Platform.

3.4 Collection — You are responsible for collecting or arranging delivery of purchased items within the timeframe specified.

3.5 Accurate Information — You must provide accurate, complete, and current personal and payment information.

3.6 Account Security — You are responsible for maintaining the confidentiality of your account credentials. All activity under your account is your responsibility.

4. PROHIBITED CONDUCT

You may not:

• Engage in shill bidding or bid manipulation
• Place bids without intention to pay
• Collude with other bidders to manipulate prices
• Use automated tools or bots to place bids
• Create multiple accounts to circumvent restrictions
• Interfere with other users' accounts or platform operations
• Use the platform for fraudulent purposes

5. NON-PAYMENT CONSEQUENCES

5.1 Failure to pay for won items may result in:

• Account suspension or permanent ban
• Negative feedback on your profile
• Loss of any deposits paid
• Legal action by the Auctioneer

5.2 BidAll reserves the right to suspend accounts of bidders with a pattern of non-payment.

6. AUCTION DEPOSITS

6.1 Some auctions may require a refundable deposit to participate.

6.2 Deposits are refunded after the auction closes, provided no items were won or full payment has been made.

6.3 Deposits may be forfeited if you win items and fail to pay.

7. PAYMENT AND ESCROW

7.1 Payments are facilitated through the Platform's payment gateway.

7.2 Where escrow is offered and used, BidAll holds funds until delivery is confirmed.

7.3 Where escrow is not used, payment is made directly through the platform to the Auctioneer. BidAll bears no responsibility for non-delivery in non-escrow transactions.

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1 BidAll does not guarantee the accuracy of item descriptions, photographs, or condition reports provided by Auctioneers.

8.2 It is your responsibility to inspect items (where possible) and satisfy yourself before bidding.

8.3 BidAll shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the service.

8.4 BidAll's total liability shall not exceed the total amount you have paid through the Platform in the preceding 12 months.

9. DISPUTE RESOLUTION

9.1 In the event of disputes between you and an Auctioneer:

• For escrow transactions: BidAll may mediate and make a binding decision
• For non-escrow transactions: Disputes must be resolved directly with the Auctioneer

9.2 BidAll may assist in facilitating communication but is not obligated to resolve disputes in non-escrow transactions.

10. ACCOUNT SUSPENSION AND TERMINATION

10.1 BidAll may suspend or terminate your account at any time for breach of these terms.

10.2 Auctioneers may also suspend specific bidders from their auctions.

10.3 You may close your account at any time, provided all outstanding obligations are met.

11. INDEMNITY

You indemnify BidAll against all claims, damages, and legal costs arising from your use of the Platform, breach of these terms, or disputes with Auctioneers.

12. CHANGES TO TERMS

12.1 BidAll reserves the right to modify these terms at any time.

12.2 You will be notified of material changes and required to accept updated terms to continue using the Platform.

1. INTRODUCTION

1.1 This Agreement governs the relationship between BidAll.co.za ("BidAll", "the Platform", "we", "us") and any person or entity registering as an auctioneer ("Auctioneer", "you", "your").

1.2 By registering an account, listing any lot, or using the Platform, you agree to be legally bound by this Agreement.

1.3 BidAll is a technology platform facilitating online auctions between independent buyers and auctioneers. BidAll is not an auction house, seller, buyer, broker, or agent of any party.

2. PLATFORM ROLE

2.1 BidAll provides infrastructure for:

• Listing auction lots
• Real-time bidding
• Auction management
• Payment facilitation
• Optional escrow services

2.2 BidAll does not:

• Take ownership of goods
• Inspect goods
• Guarantee legality, authenticity, or condition
• Act as agent or representative of any user

2.3 All transactions occur solely between Auctioneer and Buyer, except where escrow is expressly used.

3. AUCTIONEER OBLIGATIONS

3.1 You warrant that you have full legal right to sell all listed items.

3.2 You warrant that all goods:

• Are lawful to sell in South Africa
• Are not stolen, counterfeit, or encumbered
• Are accurately described

3.3 You agree to comply with all applicable laws.

3.4 You are solely responsible for:

• Delivery or collection
• Buyer communication
• Dispute resolution (except where escrow applies)

4. FEES AND PAYMENT STRUCTURE

4.1 Listing Fees — Charged per lot and payable upfront when a listing goes live.

4.2 Success Fee — A 1% fee is charged on sold lots upon auction close.

4.3 Payment Flow — Buyer payments are made to BidAll, which facilitates payout to the Auctioneer after conditions are met.

4.4 No Agency — Payment handling does not create any agency or fiduciary relationship.

4A. NET SETTLEMENT AND FEE PRIORITY

4A.1 All amounts received by BidAll are subject to automatic fee settlement.

4A.2 BidAll has the first and overriding right to deduct:

• Listing fees
• Success fees
• Outstanding balances
• Any other amounts owed

4A.3 No entitlement to funds arises until all BidAll fees are settled.

4A.4 Only the net balance is payable to the Auctioneer.

4B. AUTHORISATION TO DEDUCT AND SET-OFF

4B.1 You irrevocably authorise BidAll to:

• Deduct any amounts owed
• Apply funds across transactions
• Set off debts against payouts

4C. NATURE OF FUNDS AND NO FIDUCIARY DUTY

4C.1 Funds received are part of a payment facilitation process only.

4C.2 Funds:

• Are not trust funds
• Are not escrow unless stated
• Do not create fiduciary obligations

4C.3 BidAll is not a bank or financial institution.

4D. CONDITIONAL PAYOUT

4D.1 Payouts are conditional upon:

• Collection confirmation
• No disputes
• No fraud indicators
• System integrity

4D.2 BidAll may delay, withhold, or reverse payouts where necessary.

4E. TRANSACTION REVERSALS AND ERRORS

4E.1 Transactions may be affected by:

• Chargebacks
• Reversals
• System errors

4E.2 BidAll is not liable for such events.

4E.3 BidAll may reverse or recover funds.

4E.4 You must repay any incorrectly paid amounts.

4F. PLATFORM ERRORS AND AUCTION GLITCHES

4F.1 The Platform may experience:

• Software errors
• Connectivity issues
• Timing discrepancies

4F.2 BidAll may:

• Cancel or restart auctions
• Adjust results
• Void sales

4F.3 You waive claims arising from such issues.

4G. NO LIABILITY FOR NON-ESCROW TRANSACTIONS

Where escrow is not used, BidAll has no responsibility for:

• Non-payment
• Non-delivery
• Fraud
• Misrepresentation
• Any disputes

All risk lies with the Auctioneer.

4H. FRAUD AND RISK MANAGEMENT

4H.1 BidAll may implement fraud controls.

4H.2 BidAll may:

• Suspend accounts
• Freeze payouts
• Request verification

4H.3 BidAll may report suspicious activity in terms of the Financial Intelligence Centre Act.

5. ESCROW SERVICE

5.1 Escrow is optional and separate.

5.2 Where used:

• BidAll may hold funds
• BidAll may intervene in disputes

5.3 Where not used:

• BidAll is neutral
• No responsibility is assumed

6. LISTINGS

6.1 Listings cannot be removed once live.

6.2 Listings may only be withdrawn by the Auctioneer.

6.3 Fees are non-refundable.

7. PROHIBITED ITEMS

Auctioneers may not list illegal, stolen, counterfeit, or restricted goods.

8. INDEMNITY

You indemnify BidAll against:

• All claims
• All damages
• All legal costs

arising from:

• Your listings
• Transactions
• Legal breaches
• Fraud or misconduct

9. LIMITATION OF LIABILITY

BidAll's total liability shall not exceed the fees paid by the Auctioneer in the preceding 12 months. BidAll shall not be liable for any indirect, incidental, special, consequential, or punitive damages.