TERMS AND CONDITIONS

Updated to March 25th, 2021

Please read these terms of use carefully. By accessing or using any Bid King website or mobile application (or any content, product, service or feature available through the website or mobile application, including the embedded viewer) (collectively, the “Site”), you agree to comply with and be bound by the terms described herein and all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature (collectively, the “Site Terms” ). If you do not agree to all of these terms, do not use the Site. 

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with “Bid King”, its subsidiaries or affiliates and, to the extent of any conflict, the terms of your content license agreement shall prevail. By using the Site, you represent and warrant that you are at least 18 years old and can legally accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Bid King for violations of these Site Terms.

PRIVACY POLICY

Bid King is committed to protecting your privacy. Please see our Privacy Policy for information on how we collect, use and disclose personal information.

OWNERSHIP OF THE SITE AND ITS CONTENT

The Site is the property of Bid King Unless otherwise indicated, all content presented or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (“Auction or Purchase of Content”), is the property of Bid King, its licensors or its third party image partners. All elements of the Site, including the Auction or Purchase Content, are protected by copyright, trade dress, moral rights, trademarks and other laws relating to the protection of intellectual property.

USE OF THE SITE

The Site and the Auction or Purchase Content are intended for Auction or Purchase customers. You may not use the Site or Auction or Purchase Content for any purpose that is not related to your business with Bid King. You are specifically prohibited from doing so: (a) download, copy or retransmit part or all of the Site or Auction or Purchase Content without, or in violation of, a license or written agreement with Bid King ; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate or display the Site or the Auction or Purchase, Content through the use of frames or similar navigation technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Auction or Purchase product or service if not expressly authorized by such party to do so; (e) reverse engineer, alter or modify any part of the Site or the Auction or Purchase Content ; (f) circumvent, disable or otherwise interfere with security-related features of the Site or any resources, services or system network connected to or accessible through the Site; (g) sell, license, lease or otherwise market the Site or the Auction or Purchase Content without the specific written authorization of Bid King; and (h) use the Site or Auction or Purchase Content for any purpose other than its intended use. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws, privacy and publicity laws, and applicable communications regulations and statutes. 

You represent and warrant that you will comply with all applicable laws and regulations, including but not limited to those relating to the Internet, data, e-mail, privacy and transmission of technical data exported from the United States or the country in which you reside.

COPYRIGHT INFRINGEMENT POLICY

In accordance with the Copyright Act and other applicable laws, Bid King has adopted a policy of terminating, in appropriate circumstances and at Bid King’s sole discretion, account holders who infringe the intellectual property rights of Bid King or any third party.

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes a copyright that you own or control, you may file a notice of such infringement with our Customer Service team at contact@bidking.net.

TRADEMARKS

The Bid King trademarks, the Bid King logo and any other product or service names or slogans contained on the Site are trademarks of Bid King and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bid King or the relevant trademark owner. You may not use meta tags or any other “hidden text” utilizing “Bid King” or any other Bid King name, trademark or product or service name without our prior written permission. In addition, the appearance of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bid King and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by us.

LINKS

You may not use a Bid King logo or other proprietary graphic of Bid King to link to the Site without the express written permission of Bid King. In addition, you may not frame any auction or purchase trademarks, logos or other proprietary information, including auction or purchase content, without express written consent.

Bid King makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site, or websites that link to the Site. Such sites are not under the control of Bid King and Bid King is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. 

Bid King provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Bid King of any site or any information contained therein. When you leave the Site, you should note that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data collection practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, with respect to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Bid King shall not be liable for any loss, damage or other matters of any kind incurred as the result of any such dealings.

EMBEDDED VIEWER

Where enabled, you can insert Auction or Buy Content on a website, blog or social networking platform using the integrated viewer (the “Integrated Viewer”). Not all auction or purchase content will be available for integrated use and availability may change without notice.  Bid King reserves the right, at its sole discretion, to remove Bid King Content from the embedded Viewer. Upon request, you agree to take immediate action to stop using the embedded viewer and/or the auction or purchase content. You may only use embedded Auction or Purchase Content for editorial purposes (i.e., related to newsworthy or public interest events). Embedded Auction or Purchase Content may not be used: (a) for any commercial purpose (e.g., in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restrictions; (c) in a defamatory, pornographic or illegal manner; or (d) outside the context of the embedded viewer.

Bid King (or third parties acting on its behalf) may collect data relating to the use of the embedded Viewer and the embedded Auction or Purchase Content, and reserves the right to place advertisements on the embedded Viewer or monetize their use without any compensation to you.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., entries in a contest) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise. (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any media any comments you submit to us. We do not and will not have any obligation (1) to maintain the confidentiality of the Comments; (2) to pay compensation for any Comments; or (3) to respond to any Comments. 

We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, determine is illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates either party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or illegal, abusive or obscene material, or contain any computer virus or other malware that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself or mislead us or others as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree: (a) provide accurate, current and complete information about you as prompted by any registration form on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data and any other information you provide to Bid King , to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) immediately notify Bid King of any unauthorized use of your account or other breach of security; (e) accept full responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Bid King.

METHOD OF PAYMENT

Currency. The prices reported on our website are expressed in US dollars.

Credit and debit cards. You can pay by VISA, MASTER CARD, Discover Network and American Express credit card from Bid King. This will notify us by email when you have made your payment. Upon notification, your payment will be validated within 48 hours to begin processing your order.

COMPENSATION

You agree to defend, indemnify and hold harmless Bid King , its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to any User Content you post, store or transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or any representations or warranties contained herein, your unauthorized use of the Auction or Purchase Content, or your violation of any rights of another person. 

DISCLAIMER

THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE CONTENT OF THE AUCTION OR PURCHASE, IS PROVIDED “AS IS” AND YOUR PURCHASE OR AUCTION AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Bid King SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE CONTENT AUCTION OR PURCHASE, OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND PROFITS. THE FUNCTIONS PERFORMED ON OR IN THE MATERIALS ON THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. YOU, NOT AUCTIONING OR PURCHASING, ASSUME THE TOTAL COST OF ALL SERVICES, REPAIRS OR CORRECTIONS REQUIRED DUE TO YOUR USE OF THIS SITE OR THE CONTENT OF THE AUCTION OR PURCHASE. WE DO NOT WARRANT THAT THE SITE OR THE CONTENT OF THE AUCTION OR PURCHASE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.  Bid King makes reasonable efforts to ensure the accuracy, correctness and reliability of the Auction or Purchase Content, but we make no representations or warranties as to the accuracy, correctness or reliability of the Auction or Purchase Content.

Bid King provides a search function within the Site.  Bid King explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory.  Bid King also disclaims any responsibility for the completeness or accuracy of any directory or search results.

Some states in Mexico. And foreign countries do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the above limitations may not apply to you to the extent that they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL YOUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE AUCTION OR PURCHASE OF CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM USER RELIANCE ON ANY INFORMATION OBTAINED FROM THE AUCTION OR PURCHASE, OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, UNAUTHORIZED ACCESS TO AUCTIONS OR PURCHASE ‘RECORDS, PROGRAMS OR SERVICES. 

IN NO EVENT SHALL THE TOTAL RESPONSIBILITY FOR THE AUCTION OR PURCHASE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, LIABLE OR IMPUTED), BE THE RESPONSIBILITY OF THE PRODUCT, Strict liability or other theory, arising out of or relating to the use of the site exceeds any compensation you pay, if any, to auction or purchase by access or use of the site.

APPLICABLE LAW

These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and construed in accordance with the laws of Mexico.

TERMINATION

Notwithstanding any of these Site Terms, Bid King reserves the right, without notice and in its sole discretion, to terminate your account and/or block your use of the Site.

OTHER PROVISIONS

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Bid King. If any provision of these Site Terms is determined to be unenforceable, to the extent possible, that will not affect any other provision, and each such provision will remain in full force and effect. Any rights not expressly granted herein are reserved.

CHANGES TO SITE TERMS

Bid King reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of those changes. We encourage you to review the Site Terms each time you visit one of our websites.

CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to contact@bidking.net.

RETURN AND REFUNDS

By making a purchase from us, you agree to be bound by the following Return and Refund Policy; ideally, you should read it in its entirety before submitting an order.

RETURNS

All sales on this site are final. Unfortunately, we cannot offer you a refund or exchange of any product purchased on this site unless it is defective. If you receive a defective product or if the order you received differs from your intended purchase, we will accept returns within 15 business days from the date your package was received. 

To be eligible for a return, your item must be unused and in the same condition as received. It must also be in the original packaging in which it was received.

To complete your return, we need a receipt or proof of purchase.

We also require that all returns be accompanied by a written statement detailing the reason for the return. Do not return your purchase to the manufacturer. Instead, contact our customer service department and send your package to the following address:

Auction or purchase

Ciudad de México.

Phone: +1-888-399-2726 / 52-1-55-2502-5791