The following Terms and Conditions of Use (hereinafter referred to as the "Agreement") is a legal agreement between you (hereinafter referred to as the "Subscriber"), and Fonebid Pty Ltd, (hereinafter referred to as "Fonebid").
"Services" are any, or all individual or specific service(s) offered to the Subscriber by Fonebid.
- 1. The subscriber undertakes that they are a current holder of a motor vehicle dealer's licence.
- 2. The subscriber warrants that they can form legally binding contracts under applicable law.
- 3. In consideration of payment of Fonebid's monthly fees and sms charges set by the Fonebid, subscribers may use the Fonebid service to offer vehicles for sale to registered wholesale buyers via sms. Fonebid may change its fees and charges for services from time to time.
- 4. Fonebid may discontinue the service to a subscriber in the event of failure to pay its fees, or if the subscriber is in breach of this agreement. Fonebid reserves the right to discontinue its service without entering into further discussions with the subscriber.
- 5. The Fonebid system is personal to each subscriber. A subscriber's user log on and password for the Fonebid system may not be transferred or sold to another party.
- 6. Fonebid provides a service to enable the sale of trade vehicles via sms. Fonebid does not act as an agent in any vehicle sale and therefore this agreement is not an Agency Agreement.
- 7. Fonebid shall not be held responsible for the description, ownership, truth or accuracy of vehicles listed for sale via sms.
- 8. Subscribers warrant that all vehicles offered for sale via sms are accurately described.
- 9. Obligations of Preferred Buyers and Fonebid Approved Buyers (hereinafter referred to as "Buyers"):
- 9.1 Buyers registered with Fonebid must hold a current motor vehicle dealer's licence in order to use the Fonebid service.
- 9.2 When a buyer makes an offer via sms it is not retractable
- 9.3 When a buyer is notified that they have won a sale they must complete the transaction. By offering a bid via sms, the buyer is undertaking that they have the legal right to enter into and complete the purchase.
- 9.4 Buyers must make full and prompt payment for an item.
- 10. Fonebid shall not in any way be held responsible for any failure of the system and does not guarantee or accept responsibility for continuous, uninterrupted or secure access to its services or site.
- 11. You agree to indemnify and hold Fonebid and (as applicable) our parent, affiliates, officers, directors, agents, and employees, harmless from and against any claims demands, proceedings, losses and damages (actual, punitive, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
- 12. This site is not to be copied or published without the specific written permission of Fonebid.
- 13. Fonebid reserves the right to change and update any part of this legal agreement found on this website. These terms and conditions are governed and construed by the laws of the State of Queensland and the Commonwealth of Australia. All subscribers to this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.