Privacy


Privacy

General

Titan Bids Terms and Conditions must apply to the relationship exclusively TITAN ENTERPRISES (AUST) Pty Ltd t/a Titan Bids, all subsidiaries of TITAN ENTERPRISES (AUST) PTY LTD and www.titanbids.com/www.titanbids.com.au (conjointly 'Titan Bids'), and the end user/client ('You' or 'Your'). By using Titan Bids' services, you accept these Terms & Conditions, as well as the manner in which Titan Bids operates. These Terms & Conditions constitute the entire agreement between Titan Bids and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Titan Bids with respect of your use of Titan Bids.

Information on Titan Bids, such as the 'Support' or 'About Us' sections, are only recommendations and are not intended and may not be relied on as rules or guidelines. Titan Bids is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

Titan Bids will comply with all local tax legislation for the sale of “bid packages” and goods in the countries in which it operates. TITAN ENTERPRISES (AUST) PTY LTD ACN is 162 575 993 and its registered in the country of Australia.

Should you have any questions, concerns, or comments about these Terms & Conditions, please write to us at support@titanbids.com or by contact telephone at (Toll-Free - Australia only) - 1800 848 267.

Amendments to our Terms and Conditions

Titan Bids may modify (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause/stimulation. Should this occur, you agree that Titan Bids may provide you notice of such changes in any of the following ways: via an email from Titan Bids, and/or by posting a change notice on the website for a reasonable period of time. It is your responsibility to review any revised Terms & Conditions. Should you find any subsequent revisions to the Terms & Conditions unacceptable, you may close your account in accordance with Titan Bids standard procedure and claim a full refund for the purchase price of any unused Bid Pack bids remaining in your account at the time of termination. By continuing to access, use, or download in any way any service from Titan Bids following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.

All new terms come into force immediately after publication.

Eligibility

By accepting the Terms & Conditions and/or registering with Titan Bids, You confirm that you are at least 18 years of age and that you can engage in a binding contract, and that you meet all other eligibility requirements contained in these Terms & Conditions. By using Titan Bids, You warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

Titan Bids products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

Titan Bids reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won auctions per user account. A single credit card must not be used in conjunction with multiple user accounts. Titan Bids limits the number of user accounts per natural person to one (exceptions may apply - contact support for any questions). A single user account may win a maximum of twelve (12) auctions, excluding bid voucher auctions, in a 28-day period. A single user account may only win a maximum of twelve (12) auctions per 24-hour period. A user account may only be the highest bidder in a maximum of five (5) auctions at any one time, plus one (1) beginner auction if applicable, less the number of auction wins over the previous 24-hour period. A user account may win only one of the same items with a Value Price greater than $285 (as shown on the Titan Bids website) in value during a 28-day period and may win only one item with a Value Price equal to or greater than $1,000 during a 28-day period.

Registered Titan Bids users may not participate in collusion with other users. Titan Bids reserves the right to permanently suspend the accounts of users suspected of collusion. If your account has been closed due to suspicion of collusion, you will no longer be entitled to refunds for your purchases on Titan Bids.

Referrals/Invitations

Users are encouraged to refer friends to Titan Bids using the referral form on the Titan Bids website. Titan Bids offers Voucher Bids to any user who refers new users who purchase a Bid Pack. Titan Bids reserves the right to review each referral for possible fraud. You may not refer family members or persons located in your household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the user's account.

Account Discontinuation

Employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not participate in Titan Bids auctions. Each User may register only once using their postal address. Products shall be shipped to users address only. Registration using Post Office Boxes or equivalents is not permitted. Additionally, only one user account per household is permitted. The User shall be liable for all activities that are undertaken using the user account along with password. Users are responsible for ensuring that their account is secure by using a strong password and by not sharing that password with anyone. Titan Bids shall not be responsible for lost passwords and consequences thereof. Users need to log out of their Account after they are done using it. You may not register or use Titan Bids if you are under 18 years old (or the majority in his her jurisdiction).

During the registration process, the User must choose a username. The username must not be offensive, may not offend common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names is strictly prohibited. Titan Bids reserves the right, at its sole discretion to review and change usernames at any time. Accounts are not transferable and/or assignable. The account may be used only by the User and not by anyone else. Any abuse of the account will result in the disqualification of the User and the termination of the account without prior notice. Any illegal activity conducted on the Site will be reported to the proper authorities and all information shall be forwarded to said authorities. Using multiple accounts to bypass limits or gain benefit of one-time offers is prohibited. Collusion is prohibited. Titan Bids reserves the right to temporarily or permanently disqualify a User, or disable their account at any time, for any reason or no reason, with or without notice. In case of a breach of these Terms or any other laws/regulations, Titan Bids reserves the right to withhold deliveries or refunds for bids without exception. If Titan Bids terminates your Account for any reason other than your violation of these Terms and Conditions, the Website rules and regulations, and/or your violation of law, then Titan Bids shall return to you the balance of any unused purchased and paid bids. Furthermore, Titan Bids reserves the right, at its sole discretion, to limit the number of auctions a user may participate in or the number of successfully finished auctions.

Titan Bids reserves the right to temporarily or permanently terminate your account if you have violated/breach these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorised usage include, but are not limited to, the use of unauthorised third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behaviour. You agree that if you have breached these Terms & Conditions, Titan Bids may take any action reasonably necessary to protect Titan Bids' legitimate interests or recover costs incurred as a result of your breach (including by withholding, cancelling, or otherwise retaining any or all of your pending deliveries and/or refunds for bids).

You agree that if you have breached these Terms & Conditions, Titan Bids may take any action reasonably necessary to protect Titan Bids' legitimate interests or recover costs incurred as a result of your breach (including by withholding, cancelling, or otherwise retaining any or all of your pending deliveries and/or refunds for bids).

Purchase of Bids/Auto-Bid

In order to take part in an auction, the User must have bidding rights ('Bid Credit') in his account. Bid Credits must be purchased and paid for by Users prior to online bidding or may be credited to an Account by Titan Bids. Payment can be made by credit/debit card or via other payment agents as provided on the website. Should a payment not be honoured by a User, a returned payment fee of $20 will be charged to the user, which is a fair approximation of Titan Bids’ cost and expense of such return. Titan Bids reserves the right to block access to the Account until all payment obligations are met, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full. Titan Bids also reserves the right to limit the total amount a customer can spend on bid packages and the total number of bids accumulated in User's account.

Bids are purchased in advance in the form of 'Bid Packs.' Titan Bids reserves the right to offer different size Bid Packs at different times. Should you not honour a payment, you will be charged a returned payment fee. Titan Bids reserves the right to block access to a user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment in full is received.

From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded, irrespective of whether or not the bid is successful.

You can place bids in two ways:

(1) Manually by clicking an auction's 'Bid' button and/or (2) by using the Auto-Bid function. Auto-Bid is an automated feature which lets you bid on an auction even when you are not online or logged in. Auto-Bid automatically places bids according to your instructions.

Every time you place a bid, the price of the auction will increase by 1 cent regardless of whether you place the bid manually or by using the Auto-Bid function. A maximum of 20 seconds will be added to the timer and one bid will be deducted from your account with each bid placed. An auction ends when the timer on the Titan Bids server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Titan Bids server(s) hits zero.

All Bids are a limited licence to participate in Titan Bids auctions and have no monetary value. You may not obtain any money in exchange for Bids; subject to Titan Bids ' limited return policy with respect to purchased Bid Packs. For one year after purchasing a Bid Pack, You have the right to a full refund for the purchase price of the unused bids remaining in the Bid Pack. Bid pack bids which are more than one year old will automatically convert to Voucher Bids at the end of one year if unused. Voucher Bids are not eligible for a refund.

To the extent there are unused Bids in Your account, and there has been no activity for two years, you will be charged an inactivity fee of five (5) Bids per month until there is activity in your Account or there are no bids remaining in Your Account. All Bids expire after three years of inactivity. Once we delete Bids, we will not reinstate them, except at our discretion.

At the time of bid placement, the first Bids used will be Bids from Bid Packs, starting with the Bids that are going to expire the soonest. After Bids from Bid Packs are exhausted, Voucher Bids will be used, starting with the Bids that are closest to expiring. At Titan Bids ' sole discretion, you may be given an opportunity to select which type of Bids to use on an auction.

If you ever believe that your account does not reflect Bids that you have acquired validly, you must notify us within six months of the date you claim to have acquired the Bids.

Titan Bids attempts to limit some auctions to participants of comparable skill, as determined by Titan Bids, to enhance user experience. In so doing, Titan Bids may limit which auctions are available to particular users based on any factors deemed appropriate by Titan Bids in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity, and other factors. In particular, Titan Bids may limit certain auctions to less experienced or successful users in any manner Titan Bids deems appropriate to optimise the overall user experience of all Titan Bids users. You acknowledge that you may be, and you consent to being, excluded from auctions at Titan Bids’ discretion.

At the time of bid placement, the first Bids used will be Bids from Bid Packs, starting with the Bids that are going to expire the soonest. After Bids from Bid Packs are exhausted, Voucher Bids will be used, starting with the Bids that are closest to expiring. At Titan Bids ' sole discretion, you may be given an opportunity to select which type of Bids to use on an auction.

If you ever believe that your account does not reflect Bids that you have acquired validly, you must notify us within six months of the date you claim to have acquired the Bids.

Titan Bids attempts to limit some auctions to participants of comparable skill, as determined by Titan Bids, to enhance user experience. In so doing, Titan Bids may limit which auctions are available to particular users based on any factors deemed appropriate by Titan Bids in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity, and other factors. In particular, Titan Bids may limit certain auctions to less experienced or successful users in any manner Titan Bids deems appropriate to optimise the overall user experience of all Titan Bids users. You acknowledge that you may be, and you consent to being, excluded from auctions at Titan Bids’ discretion.

Titan Bids may allow users in multiple countries to participate in a single auction. Titan Bids offers these auctions through a group of affiliates located in each country in which Titan Bids operates. By participating in these auctions, you agree that you are participating in them solely through the Titan Bids affiliate located in your country. Although users participating in auctions are participating in a single auction, the actual item offered and bid upon, and the price at which such item is offered and bid upon, may vary based on the country in which the user is located. Although Titan Bids strives to offer identical or similar items to all users participating in a single auction at an identical or similar price, manufacturers' practices, product availability, currency exchange rates, and other factors make this impractical in some circumstances. By participating in an auction, you agree that Titan Bids may offer a different but similar (as determined by Titan Bids in its sole discretion) item at a different but similar (as determined by Titan Bids in its sole discretion) price to users located in other countries participating in the same auction.

Titan Bids may, in its sole discretion, offer auctions that allow users to choose the product they want from a specified list of products after they win an auction or choose to Buy Now. Although Titan Bids strives to offer products in an auction that are of an identical or similar price, manufacturers' practices, product availability, currency exchange rates and other factors make this impractical in some circumstances. By participating in auctions, you agree that Titan Bids may, in its sole discretion, offer different products at different but similar (as determined by Titan Bids in its sole discretion) prices.

Titan Bids reserves the right to, from time to time, in its sole discretion, change the price of bids.

Acknowledgement of the Win/Payment

Following a Titan Bids Auction, you must actively confirm and pay the total price for the won auction; Unless Titan Bids has in writing different conditions for particular auctions/items. Once you have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within three (3) days of the auction end date, Titan Bids may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If Titan Bids does this, all bids placed in that auction will be deemed expired and will be non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to you until the total price has been paid to Titan Bids. An invoice containing the auction price and shipping costs will be sent to you by Titan Bids once delivery has been arranged.

With respect to items sold by Titan Bids, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Titan Bids is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

Promotions/Offers

Any special promotions/offers run by Titan Bids shall only be valid if they are announced on Titan Bids or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Titan Bids or in our newsletter. Once the advertised time limit of any promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. Any special promotions may be subject to separate terms and conditions which will be posted on Titan Bids website or in our newsletter.

Returns/Cancellations/Transactions

Titan Bids allows winners the right to cancel or return an order in accordance with Titan Bids’ “Returns Policy”, which Titan Bids may change from time to time in Titan Bids sole discretion. The Titan Bids Returns Policy applies alongside, and in addition to, other rights and remedies to which you may be entitled under the Australian Consumer Law or other laws in relation to the goods or services which you purchase at an auction. Save to the extent required by law, bids placed on the auction are not eligible for a refund.

Subject to any right of return, refund, repair or replacement available under the Australian Consumer Law, the cancellation rights within the Titan Bids Returns Policy end thirty days after the day the winner received the goods.

Some exceptions to the Titan Bids Returns Policy may apply. If an exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include coupons, and Voucher Bids. Additionally, if you are found to be in bad standing due to fraudulent behaviour, excessive refund requests, or other such behaviour, you are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund under the terms of the Titan Bids Returns Policy. Please note that, despite this, you still may have rights under the consumer guarantees in the Australian Consumer Law.

If you wish to cancel a purchase in accordance with the Titan Bids Returns Policy, You must inform Titan Bids by email that you want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used: support@titanbids.com

In order to complete a cancellation or return under the Titan Bids Returns Policy, You must return the received product or products. Shipping expenses for returns will be paid by You (unless goods are found to be defective or do not comply with the consumer guarantees under the Australian Consumer Law in which case, Titan Bids will issue you a refund for Your shipping costs). Titan Bids will not accept a return if the damage to the product(s) is a result of your misconduct.

Should Titan Bids incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You (unless products are found to be defective or do not comply with the consumer guarantees under the Australian Consumer Law).

If Titan Bids is not able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by Titan Bids in its sole discretion, or receive a full refund (including refund of the auction end price, bids placed on the auction and shipping costs, if any) You have paid.

By accepting Titan Bids' Terms & Conditions, you hereby declare, your right to 'Charge-Back' for any purchases will be waived. In certain circumstances, please email support@titanbids.com, if you wish to commit a 'Charge-Back' of any Product or Bid Pack purchased within TitanBids.com.

Postage of Goods

Postage is made world-wide, unless otherwise stated; delivery will be made directly from our supplier or from our warehouse to the address provided by you. Delivery times vary; therefore, any time provided is only a guide. Titan Bids shall be entitled to involve third parties to satisfy its contractual obligations (as set out in our Privacy Policy ) without being required to notify you. Obvious damage to the item from transport or packaging damaged during transport must be reported to Titan Bids upon receipt. Titan Bids reserves the right, in its sole discretion, to refuse shipment to outlying islands and territories. If you are a resident of an outlying island or territory and Titan Bids determines your purchases cannot be shipped, Titan Bids will refund the purchase price of the items, including bids placed on those items.

Disclaimer of Warranty and Liability Regarding Use of Titan Bids

Nothing in these Terms & Conditions is intended to have the effect of excluding, restricting or modifying:

• The application of all or any of the provisions of Part 5-4, or of Division 1 of Part 3-2, of the Australian Consumer Law; • The exercise of a right conferred by such a provision. Subject to the above described application of the Australian Consumer Law, to the maximum extent permitted by law, Titan Bids excludes all of its liability (and that of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Titan Bids, or the like) to You arising from or in connection with these Terms & Conditions and your use or inability to use the website, software or any related services, whether in contract, tort (including, without limitation, negligence), in equity, under statute, under indemnity or arising from statutory or implied conditions and warranties, including (but not limited to) direct damages, indirect, incidental or consequential (including but not limited to loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred), or special exemplary, and punitive damages.

Subject to the above described application of the Australian Consumer Law, You agree that use of Titan Bids is at your sole risk. Neither Titan Bids nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Titan Bids, or the like, warrant that websites affiliated with Titan Bids, including, but not limited to, Titan Bids, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Titan Bids may contain inaccuracies or typographical errors. Titan Bids makes no warranty as to the results that may be obtained from the use of Titan Bids or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Titan Bids. Titan Bids shall not be responsible for any opinions, views, advice, or statements posted on Titan Bids (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorised Titan Bids spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorised Titan Bids spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

Subject to the above described application of the Australian Consumer Law, your use of Titan Bids IS at your sole risk. The Titan Bids website, including the service and software, is provided by Titan bids on an 'as is' and 'as available' basis. Subject to the above described application of the Australian Consumer Law, Titan Bids conducts no representations or warranties of any kind, express or implied, as to the operation of titan bids, security of the website, the results that may be obtained from use of Titan Bids the availability of any goods or services offered on or through the website, including e-mail, or the information, content, materials, or products included on the website. Without limiting the foregoing, Titan Bids does not warrant that the materials are accurate, reliable or correct, that the site will meet your requirements, that the site will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that the materials are free of viruses or other harmful components. Any service or software downloaded or otherwise obtained through the use of the website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or installation of any such material. Various states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Subject to the above described application of the Australian Consumer Law, no advice or information, whether oral or written, obtained by you from the website or service shall create any warranty not expressly stated in these terms & conditions.

To the extent permitted by law, you expressly understand and agree that Titan Bids will not be liable for any damages of any kind arising from the use of or inability to use the website, software, or any related services, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if provider has been advised of the possibility of such damages).

All limitations of this section shall apply notwithstanding any reliance on any information obtained from Titan Bids or that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorised access to provider records, programs, or services, and whether or not Titan Bids has been advised of the possibility of such damages. User hereby acknowledges that this limitation shall apply to all content, merchandise, and services available through Titan Bids.

Subject to the above described application of the Australian Consumer Law, this limitation of liability shall apply whether the damages arise from use or misuse of or reliance on Titan Bids services or items purchased through Titan Bids, from inability to use Titan Bids services or items purchased through Titan Bids, or from the interruption, suspension, or termination of Titan Bids services (including such damages incurred by third parties).

Should you be dissatisfied with any portion of Titan Bids or these Terms & Conditions, You should discontinue your use of Titan Bids.

Consideration

You agree to indemnify, defend, and hold Titan Bids and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the 'Indemnified Persons') harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Titan Bids or any of the services offered by Titan Bids, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or intended misconduct by You.

System Outage/Temporarily Paused Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on temporarily paused auctions will be credited back to your account; however, Titan Bids is not responsible for any other costs incurred by You due to a system outage. Titan Bids reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Titan Bids, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Titan Bids shall not be liable for any damage incurred by auction users or third parties from using Titan Bids services. In particular, Titan Bids shall not be liable for damage that occurs due to bids not being received by Titan Bids, not being received promptly, or not being considered as a consequence of technical errors.

Intellectual Property

All copyright and other intellectual property rights subsisting in Titan Bids (including, without limitation, the software, design, text and graphics comprised in Titan Bids and the selection and layout of Titan Bids) are owned or licensed by Titan Bids and protected by the laws of Australia and other countries.

You are authorised to view Titan Bids and its contents using your web browser.

You must not otherwise reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on Titan Bids, except as permitted by statute or with our prior written consent.

Titan Bids’ logos are trade-marks of Titan Bids and/or TITAN ENTERPRISES (AUST) PTY LTD. All rights reserved. You may not use our trade marks without our prior written consent. No right, license or interest to such trade-marks is granted under these Terms & Conditions. Any other trade-marks appearing on Titan Bids are the property of their respective owners.

Dispute Resolution

By agreeing to these Terms & Conditions, You and Titan Bids each waive the right to participate in a class action. You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the Titan Bids website or arising under these Terms & Conditions (each a 'Dispute' and collectively, 'Disputes') shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with Titan Bids regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the 'Notice of Dispute') to Titan Bids in a manner specified in the 'Notices' section below. If Titan Bids and You do not reach an agreement regarding a Dispute within 30 days following Titan Bids receipt of the Notice of Dispute, Titan Bids and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the Institute of Arbitrators and Mediators Australia ('IAMA'). The proceedings shall be governed by the Commercial Arbitration Act 1984 (NSW), and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees and expert fees. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential damages (including, but not limited to, loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred) or punitive damages but shall only award the aggrieved party the actual damages sustained.

Applicable Law/Severability Clause

This Terms & Conditions Agreement and Your use of Titan Bids shall be governed by and must be construed according to the laws applying in the State of New South Wales. Subject to clause 24, each party submits to the non-exclusive jurisdiction of the courts of New South Wales, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to this Agreement.

Titan Bids will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.

If you open an account or participate in auctions offered by Titan Bids while located in a jurisdiction where Titan Bids auctions are prohibited, you could be in violation of the law and will be in violation of these Terms & Conditions and subject to having your account suspended or closed permanently. You agree that Titan Bids cannot be held liable if laws applicable to you restrict or prohibit your participation.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

Personal Information Processing & Data Protection The protection of your personal data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

We hold the right to display a picture of users as happy winners on our website for news and marketing purposes. Titan Bids notes this is only applicable to winners who send in a picture of themselves with the won object to claim 30 Free Bids among with Facebook images.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites. You acknowledge and agree that Titan Bids is not responsible or liable for the content or accuracy of these third party websites.

Acceptance of Terms and Conditions

These Terms and Conditions and our Privacy Policy, constitute the entire agreement between us with respect to the subject matters covered therein and overrule and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, our Privacy Policy or our terms of service, will be effective only if in writing and signed by Titan Bids. Registered Users are reminded to print all transaction data, payment methods and these Terms and Conditions, our Privacy Policy and terms of service in order to avoid misunderstandings at a later time.

Waiver

Any waiver of any provision by Titan Bids of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Titan Bids.

Notices

• Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Titan Bids must be emailed to support@titanbids.com with or without attachment(s).

• Placing bids online at www.titanbids.com frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly.


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