General Terms and Conditions

The General Terms of Use ("Terms of Use") apply to the access or use of our online auction platform. Please read carefully to understand your rights and obligations.

1. Terms of Use

1. Our Terms of Use apply to your access and use of WhatsBid, all agreements and legal relationships, including any sub-pages and sub-domains of the website, mobile, tablet, smart device applications, application interfaces (“applications”), and all related services provided through our website and applications (“services”).
2. Your use of and access to our services are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
3. If there is a conflict between the English version of the Terms of Use and other language versions, the English version will prevail. Any legal terms and concepts used in the terms will be interpreted according to Hong Kong law.

2. Applicable Policies

1. If persons that sell or purchase from our platform are referred to as (“Users”). All Users are subjected to the terms, and your use of our online auction platform indicates your agreement to other relevant Terms & Conditions.
2. Seller Terms. If you submit Items for auction on platform, you are refered to as (“Seller”) and is subjected to specific terms that apply to the Seller.
3. Buyer Terms. If you purchase Items for auction on our platform, you are referred to as (“Buyer”) and is subjected to specific terms that apply to the Buyer.
4. Other Terms. To ensure the safety and reliability of our platform, we have established several policies.

3. Scope of Services

1. On the WhatsBid Platform, Buyers can purchase Items by bidding, paying a reserve price or a retail price. The prices are collectively referred to as (“Pruchase Price”). Reserve price refers to the minimum price at which the Seller will sell a Lot for.
2. All Items available for purchase are called ("Items"). There are two types of Items: Items sold through bidding and paying a reserve price are called ("Lots"). Items purchased at retail prices are called ("Products").
3. Our our services are subject to the following restrictions:
4. The Seller is responsible for the Items they sell. WhatsBid only acts as an online auction platform; the actual contract for sale of each Item listed on WhatsBid’s platform is directly between the Seller and the Buyer.
5. We will charge a fee for the service. When you sell or purchase Items on our platform, a non-refundable commission fee will be charged (“Buyer Commission”). Buyers are charged a 5-15% commission fee on the Pruchase Price. The Seller must pay a 10-20% commission (“Seller Commission”) on the Pruchase Price and the Seller commission will be deducted from the original Pruchase Price. The exact amount will be determined according to the agreement between the Seller or the Buyer with WhatsBid.
6. To provide the best user experience, we may use or recommend to use third-party service providers (“supplementary”) services, including links to third-party websites (“Third-Party Service Providers”), or we may use Third-Party Service Providers' supplementary services, such as payment services.

4. Create your WhatsBid Account

1. Provide accurate information. When creating an account, you must provide complete and truthful information and update your account information at all times.
2. Choose an appropriate username. Your username must be appropriate and must not violate the terms of use.
3. Protect your account. You must keep the combination of your username and password confidential.
4. Limitations on your account. To ensure the security and reliability of our online auction platform, we reserve the right to: (i) refuse to create or delete your account (ii) restrict or limit the use of your account (iii) terminate your account, and (iv) terminate your access to your account.
5. Account limitations relevant to you. In addition to the foregoing, we may also suspend, restrict or terminate the use of any and all other accounts (“related accounts”) used through our online auction platform by you or on your behalf or at your direction.
6. If you violate our terms of use, you will no longer be allowed to use our platform or register. You will not be allowed to register a new account or access and use our online auction platform through other user accounts.

5. Auction Rules

To ensure the smooth operation of our online auction, any interference, unethical, fraudulent, illegal and violations of our terms of use are prohibited, and the following terms will apply:

1. All bids are binding. All bidding (“bidding”) on WhatsBid online auctions is binding and any bid made from your account will be deemed to have been made by you.
2. We do not allow shill bidding. Shill bidding is prohibited on WhatsBid, including but not limited to bidding on your own Lot or the Items of someone related to you. You also may not have someone related to you bid on your Lot or instruct others to bid on your Lot.
3. We do not allow off-platform transactions. You may not directly contact other Users or third parties to purchase an Item for the purpose of circumventing the commission payment to WhatsBid.
4. The bidding has a delay mechanism in place. If there is a new bid within 5 minutes before the end time, the system will automatically extend the current time by 5 minutes. This continues until there are no more bids within the last 5 minutes and the countdown ends, at which point the bidding will also end.
5. Some purchases may be subject to change or supplementary terms. Other conditions and admission and/or age requirements may apply to the purchase and sale of certain a Lot, and the issuance of a Lot and/or bidding supplementary conditions may be specified on the online auction platform.
6. WhatsBid may block you from participating in online auctions. We reserve the right to delete ongoing online auction bids and we have the right to cancel bids at our discretion.
7. We reserve the right to remove a Lot. We have the right to decide whether to remove a Lot that have been arranged or are already being auctioned. The Seller will not be charged a commission.
8. We reserve the right to terminate your participation in online auctions. We have the right to restrict your bidding temporarily or permanently on specific a Lot or specific online auctions at any time (before, during, and after online auctions).
9. Responsibility of Buyer. Before acquiring a Lot from any Seller, Buyers are responsible for making their own determinations that the Lot is suitable. WhatsBid is only responsible for connecting Seller and Buyers, and cannot and will not be responsible for making sure that any Lot is up to certain standard of quality. WhatsBid is not responsible for ensuring that information (including credentials) any Seller provides about themselves or about any Lot they are offering is accurate or up-to-date.

6. Use of our Online Auction Platform

1. Users residing in certain countries/regions may not be able to use our services. We have the right to restrict your account creation and bidding or selling on the platform.
2. You are obliged to comply with all applicable national and international regulations through our online auction platform.

7. User Material

1. User Material refers to all content and information Users posts on the website, such as Product description, photos, logos, etc.
2. You are responsible for all User Material.
3. By uploading User Material on our Platform, you acknowledge and agree to the following:
1. You declare and guarantee that the user and Lot/Product data is original material and no other party holds any rights to it.
2. Placing user material on our online auction platform indicates your permission for us to promote your a Lot and on our platform and related applications.
3. WhatsBid reserve the right to report any illegal or unauthorized content if the user data is illegal.

8. Termination, Suspension, and Other Measures

1. We may cancel orders, terminate your access to the platform in whole or in part, and/or prevent future access and use of the platform at any time if your actions conflicts with any provisions in these terms of use.
2. You may close your Account at any time. We have the right to refuse the deletion of your Account if you still need to perform certain obligations towards WhatsBid or other Users or if there is a chance any complaints related to recently sold Lots may still arise.
3. Without limiting our rights specified below, we may terminate your account if you no longer meet our business interests or if you provide Lots/Products that are no longer in line with our interests.
4. Any violation of these terms of use may result in the immediate termination of your account without any formal request.
5. We may suspend our services based on these terms of use when there is sufficient reason.
6. In order to protect our own and other Users' rights, we have the right to (a) suspend your payment or refund, (b) withhold your payment (c) offset any financial claims

9. Intellectual Property Rights of WhatsBid

1. Any intellectual property rights related to our platform and database, such as patents, copyrights, trademarks and databases, including but not limited to text, images, designs, photos, software, audiovisual materials and other materials, belong to WhatsBid. According to the rules in the terms of use, we grant you a limited, personal, revocable, non-exclusive, non-assignable and non-transferable right to use our online auction platform and view the data in our specific way and format.

10. Availability of our Online Auction Platform

1. WhatsBid reserves the right to make any changes and/or improvements to our online auction platform at any time, without prior notice, in terms of procedures, technology, business or otherwise. We reserve our the rights to stop operating and/or restrict the use of our online auction platform.

11. Warranties and Liabilities

1. You understand and agree that the risk of accessing and using WhatsBid is borne by you. You are aware of our services and all the content, functions, information, materials and Products provided through WhatsBid.
2. When our platform is unavailable or has any defects, we have the right to take appropriate or necessary measures to correct them. These measures include but are not limited to: removing the a Lot from the online auction on behalf of the user, cancelling transactions, rescinding sales, etc.
3. Within the scope allowed by applicable law, WhatsBid is not liable for any damages caused by the following reasons:
1. Including but not limited to damages caused or related to your improper use of our online auction platform or other means;
2. The formation, performance (including shipment and delivery of a Lot) and/or rescission of sales by Buyers or Sellers;
3. The cancellation of transactions or rescission of sales by WhatsBid;
4. Any errors in content resulting from machine translation;
5. User data that is illegal or infringes the rights of third parties (such as photos and auction Item descriptions);
6. Illegal use of the online auction platform;
7. Your use of third-party service providers and the behavior and negligence of third-party providers (services);
8. Inability to use or technical problems or other errors in our online auction platform;
4. To the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services.
5. If WhatsBid is liable for any damages for any reason, our liability is limited to the maximum amount of the following: (i) HKD 500, the amount of which we incur expenses. This liability limitation also applies to our management, directors, employees, representatives and legal heirs.

12. Disputes with other Users

1. If there is a dispute between Users or with any third party, you agree Whatsbid is under no obligation to become involved. We expect that Users will resolve any disputes among themselves. However, if necessary, WhatsBid will make reasonable efforts to mediate between the Seller and the Buyer that is in accordance to the following terms:
1. Disputes that are eligible for resolution by WhatsBid are those that arises when a Buyer or a Seller has a problem with a transaction or a Product on WhatsBid, and that only disputes related to the quality, delivery, or payment of the Products are covered by WhatsBid’s dispute resolution policy.
2. Users should attempt to resolve the dispute by all means by contacting the other party and making reasonable arrangements within a reasonable time frame. Users may submit a dispute claim to contact WhatsBid for assistance via email only if all reasonable efforts have been exhausted.
3. If Users choose to engage WhatsBid in any form of dispute resolution, WhatsBid will act as a neutral mediator to facilitate communication and negotiation between the parties. WhatsBid has the discretion to make a final decision on the outcome of the dispute based on its terms and conditions and its own judgment, and that WhatsBid’s decision is binding on both parties.
4. Depending on the nature and severity of the dispute, WhatsBid may issue a refund, cancel a transaction, suspend or terminate a user account, report a user to law enforcement authorities, or take any other action that it deems appropriate. Users agree to release and indemnify WhatsBid from any liability or claims arising from or related to the resolution of disputes by WhatsBid.
5. Users are free to pursue other legal remedies or seek assistance from third-party dispute resolution providers. Users are required to comply with any applicable laws or regulations regarding alternative dispute resolution and are responsible for any fees or costs associated with such services.

13. Disputes with WhatsBid

1. Any dispute and claims between any Users and WhatsBid that arise out of or in connection to this Terms and Conditions shall be referred to the courts of Hong Kong or resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules.
2. In the event of arbitration, the seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. The parties agree that the arbitral award shall be final and binding on them and that they shall carry out the award without delay. The parties further agree that the arbitration proceedings and the arbitral award shall be confidential and shall not be disclosed to any third party without the prior written consent of both parties, except as required by law or for the purpose of enforcement of the award.

14. Changing these Terms of Use

1. We can modify or supplement the terms of use at any time by publishing the amended terms of use on our online auction platform.

15. Separability

1. If any provision of these terms of use is for any reason entirely or partially invalid or unenforceable, Users and WhatsBid will still be bound by the remaining terms of use. We will replace the invalid and/or unenforceable portion(s) with valid provisions (for a specific user or specific situation) that produce legal consequences as close as possible to those of the invalid provision.

16. Governing Law

1. The Governing Law of this Terms & Condition are governed by the laws of Hong Kong and shall be interpreted in accordance to the laws of Hong Kong.

17. Contact us

1. For any questions regarding our online auction platform or the terms of use, you can contact us through the following contact information or email to support@whatsbid.com
   WhatsBids technology Limited
   Unit 1701-02, 17/F, K. Wah Centre, 191 Java Road, North Point, Hong Kong