Terms of Service

Welcome to BidDrive. These Terms of Service ("Terms") govern your access to and use of the BidDrive website, mobile application, and any related services (collectively, the "Service") operated by BidDrive Inc. ("BidDrive," "we," "us," or "our").

By registering for an account, browsing listings, placing a bid, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use the Service. By using BidDrive, you represent that you meet these requirements. We reserve the right to verify your identity and age at any time.

2. Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your password and for all activity under your account. Notify us immediately of any unauthorized use.

3. Auctions & Bidding

3.1 Auction Types

BidDrive hosts various auction formats, including standard timed auctions and reserve-price auctions. Specific rules for each auction type are displayed on the listing page.

3.2 Binding Bids

All bids placed are binding and cannot be retracted except in cases of obvious error (e.g., a decimal place mistake) and with our prior written consent. Winning an auction creates a legally binding contract between you and the seller.

3.3 Reserve Prices

Sellers may set a reserve price (minimum selling amount). If the reserve is not met, the seller is not obligated to complete the sale. We will indicate whether a reserve has been met on the listing.

3.4 Auto-Bidding

Our auto-bid feature allows you to set a maximum bid. The system will automatically bid on your behalf up to that amount. You are responsible for all auto-bids placed from your account.

4. Fees & Payments

4.1 Buyer's Premium

Winning bidders may be charged a buyer's premium, which is a percentage of the final bid amount. The applicable premium is disclosed on each listing page.

4.2 Seller Fees

Sellers agree to pay any listing fees (if applicable) and a success fee based on the final sale price. Current fee schedules are available on our Pricing page. Fees are subject to change with notice.

4.3 Payment Processing

Payments are processed through secure third-party providers. By providing payment information, you authorize us to charge the applicable amounts. All transactions are in USD unless otherwise stated.

5. Vehicle Listings & Sales

5.1 Listing Accuracy

Sellers must accurately describe the vehicle, including known defects, mileage, and history. Misrepresentation may result in account suspension and liability for damages.

5.2 Vehicle Inspection

Most vehicles undergo a 150-point inspection. The inspection report is made available to bidders. However, the report is not a substitute for your own due diligence.

5.3 Transfer of Ownership

Upon successful payment, the seller must transfer title and all necessary documentation to the buyer within the timeframe specified in the listing. Buyers are responsible for registration, taxes, and any local compliance.

6. Buyer Protection

Our Buyer Protection Program (described in full on the Buyer Protection page) covers qualifying purchases that materially differ from the listing description. Funds are held in escrow until the buyer confirms satisfaction. Claims must be filed within 72 hours of delivery.

7. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any law.
• Submit false, misleading, or fraudulent information.
• Manipulate auctions (e.g., shill bidding, bid shielding).
• Interfere with the proper working of the Service (hacking, scraping, denial-of-service).
• Harass, abuse, or harm other users.
• Use automated scripts to place bids without our express permission.

8. Intellectual Property

The BidDrive name, logo, design, and all content on the Service (excluding user-generated content) are owned by BidDrive or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any part of the Service without our prior written consent.

9. Limitation of Liability

To the fullest extent permitted by law, BidDrive shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising from your use of the Service. Our total liability for any claim related to the Service is limited to the greater of $100 or the fees you paid to BidDrive in the 12 months preceding the claim.

BidDrive acts as a marketplace only and does not take title to any vehicle listed. We are not responsible for the actions of buyers or sellers beyond the protections explicitly offered in these Terms.

10. Indemnification

You agree to indemnify, defend, and hold harmless BidDrive, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your violation of these Terms, your use of the Service, or your transaction with another user.

11. Termination

We may suspend or terminate your account at any time, with or without cause, including if we believe you have violated these Terms. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (e.g., liability limitations, indemnification) will continue to apply.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.

12.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in Miami-Dade County, Florida, in accordance with the American Arbitration Association rules. Judgment on the arbitration award may be entered in any court having jurisdiction.

12.3 Exception

Either party may seek injunctive or equitable relief in a court of competent jurisdiction for intellectual property violations or unauthorized use of the Service.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or a prominent notice on the Site. Continued use of the Service after the effective date of changes constitutes acceptance of the new Terms.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BidDrive.
• Severability: If any provision of these Terms is held invalid, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to any affiliate or successor.

15. Contact Information

For questions about these Terms of Service, please contact:

• legal@biddrive.com
• +1 (800) BID-DRIVE
• BidDrive Inc., 123 Auction Drive, Miami, FL 33101, USA