WELCOME TO THE WINEBID.COM.AU USER AGREEMENT. THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH WINEBID.COM.AU OFFERS YOU ACCESS TO OUR SERVICES. USE OF THIS WEBSITE CONSTITUTES THAT YOU ARE BOUND TO ACCEPT THESE TERMS AND CONDITIONS.
Winebid.com.au is owned and operated by Becatel Pty Ltd, ABN 54 121 528 336
In these terms and conditions, the following terminology applies:
"member, members or membership" means any registered member of winebid.com.au including standard (non paying) members and silver (paying) members.
The terms "You", “Seller”, “Sellers”, “Buyer”, “Buyers”, “Bidder”, “Bidders” "Your", "User", or "Users" refers to anyone accessing our services or web site for any reason.
The term winebid.com.au also refers to www. winebid.com.au, winebid.com.au and winebid.
The terms "We", "Us", or "Our" refer to www. winebid.com.au, winebid.com.au (or winebid) and www.becatel.com.au, becatel.com.au, www.becatel.com, becatel.com, Becatel Pty Ltd (or Becatel)
The terms "website, web site or site" means winebid.com.au through which the services are offered, including (without limitation) to www. winebid.com.au, winebid.
The term Becatel Pty Ltd also refers to www.becatel.com.au, becatel.com.au, www.becatel.com, becatel.com and becatel
Please review the following policies, terms and conditions of service carefully before using this site.
Winebid.com.au reserves the right to change any of terms and conditions that apply to this site or any of the services at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the terms and any applicable changes.
Changes to referenced policies, terms and conditions may be posted without notice to you. CONTINUING THE USE WINEBID.COM.AU WEBSITE AND SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS USER AGREEMENT, CONSTITUTES THAT YOU ACCEPT OF THESE CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES MADE TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS WEBSITE.
1. Membership Eligibility
Membership and services to this website is only available to those you can form a legally binding contract under applicable law. Without limiting the foregoing, our services are not available to minors. This website does not permit minors (under 18) to register. If you do not qualify, please do not use our services. If any member fails to signup with their proper age, the account will be terminated immediately. Winebid.com.au reserves the right to refuse our services to anyone which is breach of our terms (such as but not limited to listings, chat, selling, bidding, buying). Individuals must be at least 18 years of age if you reside in Australia or of legal drinking age in their country of residence. You will not permit any person(s) under the age of 18(or the age of adult in your location if the age of adult is higher than 18 years) to have access to any of the material contained within this Web Site Further, your Winebid.com.au account (including feedback) and username may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Fees and Services.
Joining Winebid.com.au is free. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services. You are responsible for paying all applicable taxes, services and other costs you incur to bid or sell. Unless otherwise stated, all fees are quoted in Australian Dollars. Please be advised that we may change our fees, fees for our services and credit policies from time to time. Notice of these changes will be posted in our site news board for a period of time.
3. Winebid.com.au is not an Auctioneer or a seller. Winebid.com.au is only a venue.
Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer". Instead, our site acts as a window to allow members to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction(s) or auction(s)". YOU ACKNOWLEDGE AND AGREE THAT WINEBID.COM.AU IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, WINEBID.COM.AU HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR WEBSITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR GUEST, BROWSER OF OUR WEBSITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE. We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act in good faith using our site.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. This website shall not be responsible for any items sold by auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This website assumes no liability for the content of the listings.
Winebid.com.au does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between buyers and sellers. However, some forms of payment methods permitted on the website, such as PayPal and others , may offer limited buyer or seller protection or chargeback services and you should make yourself familiar with these before proceeding with a transaction of any kind through this website.
4. Identity and Trading.
Because user authentication on the Internet is difficult, Winebid.com.au cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated Reputation (feedback) system to help you evaluate the user you are dealing with. We also encourage you to communicate directly with potential trading partners to help you evaluate with whom you are dealing. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Winebid.com.au (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. Information Control.
For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other individual’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. Please practice safe trading when using our site.
7. Bidding and Buying.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obligated to complete the transaction. Furthermore, you are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats (Buy Now or Buy Out). Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you can not authenticate the identity of the seller. Bid manipulation is not allowed (bidding in a way that it might pull other bidders to their maximum bid, retract the high bid, and then re-bid at a small increment above the legitimate high bidder). If there evidence of such practice, your account could be terminated indefinitely. You also certified that you are at least 18 years of age if you reside in Australia or of legal drinking age in your country of residence.
Winebid.com.au also uses proxy bidding. Proxy bidding is a way to ensure you are always getting the best deal, while still allowing you, as a buyer, to name your price when it comes to what you are willing to pay for an item.
Buyers (Bidders) are not allowed to post, provide contact details or personal information (mailing, residential addresses, phone numbers, e-mail addresses, links, URL(website) addresses or any type or form of contact details) that’s relevant to an auction in www.winebid.com.au. It’s a breach of our terms and conditions and your membership will be canceled immediately.
8. Listing and Selling.
You must be legally able to sell the item(s) you list for sale on our website. You must describe your item and all terms of sale on the listing page of our site. It's mandatory by law that you provide your Liquor license number as part of the details of your auction.Your listings may only include text descriptions, graphics, pictures and any other content relevant to the sale of that item that you are required to provide by any applicable law. All listed items must be listed in an appropriate category. All Dutch auction items must be identical.
Posting contact details or personal information (mailing, residential addresses, phone numbers, e-mail addresses, links, URL (website) addresses or any type or form of contact details) in auction listings or descriptions in www.winebid.com.au is a breach of our terms and conditions and your listing will be removed immediately. If you continue to breach our terms and conditions, your membership will be canceled immediately. If a potential buyer as question(s) regarding an auction or listing, sellers are not allowed to provide contact details or personal information as described at the beginning of this paragraph.
9. Binding Bids.
if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the item's completion, unless there is an exceptional circumstance, such as:
(1.) the buyer fails to meet the terms of your listing. (Such as payment method) or (2.) you cannot authenticate the buyer's identity. Using an alias or creating multiple accounts (shill bidding) or third party accounts to bid in your own auction(s) to increase or inflate the bidding price, is considered a violation to our terms. You shall not e-mail bidders in a current auction being held by a different seller to offer similar or same items at any price level.
10. Password Security.
Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
Without limiting any other remedies, Winebid.com.au may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. You also agree that this website, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
Neither you, nor any other bidders or sellers may manipulate the price of any item, nor may you interfere with other users' items listed for sale. No shill bidding is allowed.
13. Your Information.
Your Information is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (or the reputation area) or through any email feature. Your Information includes registration to Winebid.com.au, the descriptions of items you list for sale or display on our site as well as any content you post on other web pages within our site. You are solely responsible for your Information and we act as a passive conduit for your online distribution and publication of your Information. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Whether you are a seller of buyer and once an auction as ended, contact details (i.e. address) will be shared between the buyer, seller and viceversa for the sole purpose of both parties (seller and buyer) arrange closure of an auction.
Your Information (including but not limited to any items listed) must not: (a) be false, inaccurate or misleading. (b) be fraudulent or involve the sale of counterfeit or stolen items. (c) Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. (d) Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, anti discrimination or trade practices/fair trading laws). (e) Defamatory, trade libelous, unlawfully threatening or unlawfully harassing. (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content. (g) Contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth). More information about this legislation, can be found on the Internet Industry Association's Codes of Practice located at
http://www.iia.net.au or http://www.aba.gov.au (h) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information. (i) Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(j) Link directly or indirectly to or include descriptions of goods or services that:
i. are prohibited under this Agreement;
ii. Are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
iii. Are concurrently listed for sale on a web site other than Winebid.com.au (this does not prevent linking to or advertising a Winebid.com.au item from another web site); or
iv. You do not have a right to link to or include
Furthermore, you may not list any item on our site (or complete any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
16. Access and Integrity
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to Winebid.com.au You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site without the prior express written permission of winebid.com.au or the appropriate third party authorized to grant such permission.; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
17. Privacy, Monitoring and Disclosure.
•Disclosure of Information. As permitted by applicable law, Winebid.com.au also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Winebid.com.au systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Winebid.com.au business and systems or other purposes deemed reasonable by Winebid.com.au, Winebid.com.au may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
18. No Warranties.
18.1 WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
18.2 To the extent that Winebid.com.au and all affiliates and related entities of Winebid.com.au are able to limit the remedies available under this Agreement, and subject to Clause 16 of this Agreement, Winebid.com.au and all affiliates and related entities of Winebid.com.au expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Winebid.com.au’s sole discretion):
a. in the case of goods, any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods;
ii. The repair of the goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. The payment of the cost of having the goods repaired; and
b. in the case of services:
i. the supply of the services again; or
ii. The payment of the cost of having the services supplied again.
18.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 applies to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of Winebid.com.au services or these terms.
19. Liability Limit.
19.1. IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT WINEBID.COM.AU AND ALL AFFILIATES AND RELATED ENTITIES OF WINEBID.COM.AU HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.
TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
A: THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR
B: AUD $100.
19.2. Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Winebid.com.au and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
Without limiting other remedies, Winebid.com.au may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if Winebid.com.au is unable to verify or authenticate any information you provide to us; or (c) if Winebid.com.au believes that your actions may cause legal liability for you, other Winebid.com.au users or Winebid.com.au.
You may not take any actions that may undermine the integrity of the reputation system. If you earn a net reputation rating of -2 (minus two), your membership will be suspended and you will be unable to list or bid. Because reputation ratings are not designed for any purpose other than for facilitating trading between Winebid.com.au users, you agree that you shall not market or export your Winebid.com.au reputation rating in any venue other than a Winebid.com.au operated website.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
23. Legal Compliance.
24. No Agency.
You and Winebid.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org (in the case of winebid.com.au) or to the email address you provide to Winebid.com.au during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 business hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Winebid.com.au during the registration process. In such case, notice shall be deemed given 5 business days after the date of mailing.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. We encourage you to try and resolve disputes with other members directly with them, to use certified mediation or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate.
27. Your Conduct.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
This Agreement shall be governed in all respects by the laws of the State of Western Australia, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of this agreement is governed by the laws of the State of Western Australia, Australia. The jurisdiction for all disputes arising under this Agreement shall lie exclusively in the courts of the State of Western Australia. You hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WINEBID.COM.AU as a result of this agreement or use of this Web site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 5 (Release), 15 (License), 16 (Access and Integrity), 19 (Liability Limit), 22 (Indemnity) and 26 (Arbitration) shall survive any termination or expiration of this Agreement.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at
or other analogous sites providing information on such protections. Please note that WINEBID.COM.AU is not affiliated, does not represent and have no connections to the services provided on the websites described above.
All messages express the views of the author and neither the owners of winebid.com.au will be held responsible for the content of any messages.
The owners of winebid.com.au reserve the right to remove, edit, move or close any information, auction posted on the website.
All logos and trademarks in this site are property of their respective owner. All photos, videos, messages, comments are property of their users.
Questions? E-mail: email@example.com