Terms of Use

1.1These Terms of Use are a contract between you and 360ISS Inc., which operates Bidding Fever on biddingfever.com and in the Bidding Fever apps ("Bidding Fever", "we", "us").

1.2They apply whenever you visit the site, use an app or hold an account. If you bid, the Bidder Terms also apply. If you sell, the Seller Terms also apply. The Privacy Policy explains how we handle personal information.

1.3If these Terms of Use and the Bidder Terms or Seller Terms say different things on the same topic, the Bidder Terms or Seller Terms apply to that topic.

1.4Headings and summaries help you read. The numbered clauses are the terms.

2.1Bidding Fever is an online auction marketplace. Independent auction houses and other sellers list lots and run auctions. Bidders bid on those lots.

2.2Unless a listing says otherwise, we are not the seller of any lot. The sale of a lot is a contract between the winning bidder and the seller.

2.3We provide the bidding software, payment processing through our payment provider, notifications and a claims process. We do not inspect, store or ship lots, and we do not promise that a listing is accurate or that a seller will perform.

3.1To open an account you must have reached the age of majority in your province or territory and be able to enter into a binding contract.

3.2Give us accurate information and keep it up to date. An account belongs to one person. Each member of a seller's team uses their own account.

3.3Keep your sign-in details private. You are responsible for what happens on your account, unless it results from our failure to protect it. If you think someone else has used your account, tell us right away at support@biddingfever.com.

3.4We may ask you to verify your identity, phone number or payment method before you bid, sell or receive money.

3.5You may ask to delete your account at any time from your profile. Deleting your account does not cancel lots you have won, invoices you owe or obligations you have to buyers or sellers. The Privacy Policy explains what we keep and why.

4.1When you use Bidding Fever, you must not:

• break any law, or list, buy or sell anything that is illegal, stolen or counterfeit;
• manipulate bidding, for example by bidding on your own lots, bidding with or for a seller to raise the price, or agreeing with other bidders not to bid against each other;
• use another person's account, identity or payment method;
• harass, threaten or deceive other users or our staff;
• send spam or unsolicited messages through the platform;
• copy listings or data in bulk, probe or break our security, overload the service or get around limits we set.

4.2Automated access is allowed only through our published API, with an API key we issued to you and within its limits. Any other automated collection needs our written permission.

5.1You keep ownership of what you upload, such as photos, descriptions and messages. You give us a non-exclusive, royalty-free, worldwide licence to host, copy, display, translate and format that content in order to run and promote the marketplace. The licence lasts while the content is on the platform and for a reasonable time afterwards for backups and records.

5.2You confirm that you have the rights needed for everything you upload. We may remove content that breaks these terms or the law. Copyright complaints follow our Copyright Policy.

5.3The Bidding Fever name, logos, design and software belong to us or our licensors. You may link to our pages, but you may not use our name or logos in any other way without our written permission.

6.1We may limit, suspend or close an account, cancel bids or remove listings when we reasonably believe there is fraud, a breach of these terms, an unpaid balance, a legal requirement or a risk to other users. When we can do so safely and lawfully, we tell you the reason and how to respond.

6.2You can ask us to review any such decision by writing to support@biddingfever.com. A person reviews every request.

6.3Clauses that by their nature continue after an account closes, such as amounts owed, licences needed for records, limits of liability and governing law, continue to apply.

7.1We work to keep Bidding Fever available and accurate, but we provide it as it is and as available. Outages, network problems or maintenance can interrupt an auction. If a technical failure affects bidding, we may pause, extend, cancel or re-run the affected lots, as the Bidder Terms describe.

7.2To the extent the law allows, we are not responsible for indirect or consequential losses, lost profits, or what sellers, bidders or carriers do or fail to do.

7.3To the extent the law allows, our total liability to you for all claims is limited to the greater of the fees you paid to us in the 12 months before the claim and $100 CAD.

7.4Nothing in these terms limits any right you have under consumer protection law that cannot be waived, including the Quebec Consumer Protection Act and the Ontario Consumer Protection Act, 2002.

7.5To the extent the law allows, you agree to cover reasonable losses and costs we suffer because you broke these terms or the law.

8.1We may change these terms. Each published version has a version number and an effective date, shown at the top of this page.

8.2For a change that affects your rights or obligations, we notify you by email or in the app at least 30 days before it takes effect. The notice sets out the new clause, the clause it replaces, the date it takes effect and your right to refuse it. A change required by law, or needed urgently to protect users from fraud or a security threat, can take effect sooner.

8.3When you next sign in after a change, we may ask you to accept the new version. If you do not want to accept it, you can delete your account at no cost. Bids, wins and invoices made before the change stay under the version that applied when they were made.

9.1These terms are governed by the laws of Ontario and the federal laws of Canada that apply in Ontario.

9.2The courts of Ontario have jurisdiction over disputes about these terms. If you are a consumer, you may also bring a claim in the courts of the province or territory where you live when its consumer protection law gives you that right. In particular, a consumer who lives in Quebec may bring a claim in Quebec, and the Quebec Consumer Protection Act applies.

9.3Before going to court, please write to support@biddingfever.com so we can try to resolve the problem. This does not stop you from going to court or contacting your provincial consumer protection office.

10.1These terms are available in French and in English, and both versions have the same value.

10.2The French version is offered first to users in Quebec. You may use and agree to the English version only if you choose it after the French version has been made available to you.

10.3We communicate with you in the official language you choose, French or English.

11.1If a court decides that a clause cannot be enforced, the other clauses remain in effect.

11.2If we do not enforce a clause right away, we can still enforce it later.

11.3You may not transfer your account or these terms to someone else. We may transfer them to a business that takes over Bidding Fever; we will tell you if that happens.

11.4These Terms of Use, the Bidder Terms or Seller Terms that apply to you, the Privacy Policy and the auction terms shown on each auction page are the whole agreement between you and us about using Bidding Fever.

12.1360ISS Inc. (Bidding Fever), Ontario, Canada. Questions about your account or these terms: support@biddingfever.com. Privacy and legal notices: privacy@biddingfever.com.