Terms of Service
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
BidNow reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
2. Use of the Services
Subject to your compliance with these Terms, BidNow grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not :
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of BidNow or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by BidNow.
- Use any proprietary information or interfaces of BidNow or any other intellectual property of BidNow in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect, use and/or disclose any information in respect of other users without their consent.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
- Authorise or encourage anyone to do any of the foregoing.
You would need to have an account with BidNow (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
Unless expressly permitted by BidNow and subject to these Terms and any other additional terms as BidNow determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
4. BidNow is a Platform
The Services provide a platform for users to interact with each other, and to buy and sell items. BidNow does not pre-screen users or the Content provided by a user, nor is BidNow directly involved in transactions between users. Consequently, BidNow has no control over, and you agree that BidNow is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While BidNow endeavors to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You retain ownership rights in the Content which you upload or share on the Services.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as a result of such Content is solely your responsibility.
You acknowledge that BidNow does not pre-screen Content uploaded by users. BidNow shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, BidNow shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If BidNow has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
BidNow may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
6. Selling and Buying on BidNow
In using the Services to create a listing and offer an item for sale, you agree to comply with the following:
- All items must comply with these Terms and BidNow policies.
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item, property, vehicle and motors must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All items, property vehicle and motors must be listed in the appropriate category. All listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies.
- Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
You acknowledge and agree that BidNow has no control over any website other than the BidNow website.
Without prejudice to the rest of these Terms and BidNow policies, you warrant, in respect of each item which you offer for sale on the Services (as the case may be), that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for an item:
- You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
- You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
- You may not alter the item's price after a sale, or misrepresent the item's location and price.
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller’s identity.
Notwithstanding the foregoing, as BidNow is not involved in Transactions which are considered solely between users, BidNow cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
Any person who operates a business for the purpose of supply of goods via our Platforms is required, under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 of Malaysia, to disclose, to the best of their knowledge and belief, the following information:
- The name of the person who operates a business for the purpose of supply of goods or services through our Platforms, or the name of the business, or the name of the company.
- The registration number of the business or company, if applicable.
- The e-mail address and telephone number, or address of the person who operates a business for the purpose of supply of goods through BidNow.
- A description of the main characteristics of the goods or services.
- The full price of the goods or services including transportation costs, taxes and any other costs.
- The method of payment.
- The terms and conditions.
- The estimated time of delivery of the goods or services to the buyer.
7. BidNow Protection
BidNow Protection is to provide a safe and secure buying experience. By using BidNow Protection, your payments will be held in trust and only released to the seller once you have confirmed that you have received the item in good condition.
In using the Services to create a listing and offer an item for sale, a seller may choose to enable BidNow Protection (“BidNow Protection”). BidNow Protection allows you to use the following payment services (“Payment Services”) for purchase or sale of items on the Platform.
Ensuring users of the Services are protected while transacting on the Platform our top priority. For this reason, additional protection is available to sellers and buyers who transact through BidNow Protection.
By using BidNow Protection, you agree to comply with the following:
- To transact on the Platform and ensure that all communications in relation to any Transaction and issues raised are kept within the Platform. BidNow Protection does not cover transactions performed outside of the Platform, and listings or users soliciting for transactions to happen outside of the Platform are subject to removal without notice.
- To not use BidNow Protection in connection with any Prohibited Items. BidNow Protection does not cover Prohibited Items and does not support refunds or returns for Prohibited Items.
- To raise an issue within 48 hours of (the earlier of):
- tracking status reflecting that the item is delivered; or
- 7 days after the order is dispatched. Please note that once the buyer confirms that the item has been received, the order is no longer protected by BidNow Protection.
- To transact through tracked delivery. Users are required to opt for tracked delivery. If you and the user are unable to agree or resolve any disputes in respect of untracked mail and attempts to seek coverage and/or protection under BidNow Protection, you agree that BidNow will attempt in good faith to facilitate resolution of the dispute and reserves the right to deal with such disputes in such manner as it deems fit in its absolute discretion but is under no obligation to provide any recourse to the same.
7.1 Not Covered by BidNow Protection:
- Items mailed using untracked delivery
- Pre-order items
- Digital goods such as in-game credits, game accounts, top-up virtual credit, etc
- For tickets, vouchers and hotel bookings, we encourage buyers to verify its authenticity with the respective organisations, and attend the event before the order is completed.
- Change of mind
- Items paid outside BidNow Protection (e.g. bank transfer)
- Items belong to BidNow list of prohibited items
- *Items that fall under the prohibited/no compensation items list of the courier service/tracked delivery service used
7.2 Payment Services
BidNow Protection allows a buyer to make payment for purchase of an item listed on the Platform using the payment methods made available on the Platform. All payment processing services for payment methods made available on the Platform will be undertaken and facilitated by the Payment Service Providers (as defined below), and subject to or governed by their respective Additional Terms (as defined below).
BidNow Protection does not accept orders exceeding RM10,000.
BidNow Protection transactions with sub-total above RM10,000 will be rejected at point of submitting order.
7.3 BidNow Credits Account
7.3.1. All the payments that a seller has earned from selling items through BidNow Protection will be accepted through the seller’s BidNow Credits Account, after certain conditions have been met. Such conditions include the establishment and verification of information in respect of the following by BidNow and/or its Payment Service Providers (as defined below), using reliable and independent sources, and retention of reference documents used in such verification:
- where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a user;
- your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
- the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.
You may transfer the available balance from your BidNow Credit Account to your bank account by submitting a withdraw credits request (each, a “Request Withdraw Credits”).
No fees will be imposed for each Transfer Balance Request. Notwithstanding anything to the contrary herein, BidNow reserves the right to amend and/or impose any rates and/or fees for any Transfers, with at least ten (10) days prior notice to you. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.
7.3.2. The money from your BidNow Protection orders will be shown as in BidNow Credits Account. Money in BidNow Credits Account cannot be transferred to your bank account yet. It can only be transferred into your bank account when it is Verified of identity and added bank account information.
For the order to be completed, your buyer has to tap on 'Order received'. Otherwise, it'll also be auto-completed after 7 days, from the day that the seller taps on 'Delivered'.
After the order is completed, the money will be moved into your BidNow Credits Accounts. This may take up to 1-3 working day for FPX payments.
Request for withdraw may takes between 1-3 working days for the money to be transferred to your bank account.
Working days : Monday to Friday, exclude weekend and public holiday.
The money will be available to transfer to bank account when these 4 conditions are met:
- Buyer has tapped "Order received" ;
- No ongoing dispute between you and the buyer;
- Funds available in your Balance;
- Completed the identity verification and added bank account details
7.4 BidNow Protection Fees
You acknowledge and agree that you may be charged card fees, success fees and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by BidNow, as follows:
Buyer (Payment Fee): If you are a buyer of a transaction using BidNow Protection once your order is accepted by the seller, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card you register with BidNow for BidNow Protection or a FPX (online banking) account you successfully connect through the Platform. To provide safe and secure buying experience, we charge a small fee to buyers at 2% of the item and delivery price.
Seller (Success Fee): If you are a seller of a transaction using BidNow Protection, is free with no extra charges on your successful BidNow Protection transactions.
7.5 Payment Services Provider
In order to provide the Payment Services, you acknowledge that BidNow may integrate the services provided by certain third party service providers, subcontractors, partners and/or agents who are registered with, approved or licensed by Central Bank of Malaysia (“Payment Service Providers”) into the Platform and that Payment Service Providers shall provide its payment processing services subject to their respect Additional Terms (as defined below). In order to use the Payment Services, you agree to comply with such Additional Terms (as defined below), as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms (as defined below).
By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant Payment Service Providers and your financial institution. You will bear all fees that may be charged by such Payment Service Providers and/or your financial institution (if any) for the selected payment method.
You agree to authorise BidNow and/or its related corporations to provide or give instructions on your behalf to the relevant Payment Service Providers for processing of the Payment Services including but not limited to making, accepting and/or refunding any payments, in accordance with BidNow Protection.
7.6 Prohibited Items
You acknowledge and agree that you shall not use the Payment Services in connection with any content, business or activities set out in Malaysia Prohibited and Restricted Policy. BidNow reserves the right to take all steps to ensure that you do not use the Payment Services in connection with such businesses or activities. Any transactions involving any such content, businesses or activities shall be void, and you agree that BidNow and/or its related corporations may, at its sole discretion, refund the relevant payment to the relevant party for such transactions minus any transaction, service and/or administration fees that may be charged by BidNow and/or its service providers, subject to any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction.
You further agree that you are responsible for all purchases and/or sales using BidNow Protection under your Account, including transactions which you did not authorise.
7.6.1 List of Prohibited
There are certain items that are not allowed on BidNow at all. They may not necessarily be illegal, however, they do not fit our selling criteria, or are not in the spirit of BidNow.
Sellers are responsible for ensuring that the items they are selling complies with local laws and regulations.
Please find below a non-exhaustive guideline on prohibited and restricted items that are not allowed on BidNow:
1. Drugs & Tobacco
- E-vaporizers (e-cigarettes) and related products, such as vape juice/e-liquid, vape refills
- Tobacco products and other smokeable products
- Drugs and drug paraphernalia, including pipes, bongs, acnotin, and products that contain THC/CBD/Hemp/Ganja
- Smoking cessation products containing nicotine, such as patches and gum
- Products containing opium, marijuana, peyote and other illicit drugs
- Any products, related devices or products suitable for, intended to be used for taking, or injecting dangerous drugs or that violates any applicable law and/or regulation
2. Adult & Mature Content
- Pornography and adult material including, but not limited to, pornographic books, magazines, pictures and videos
- Adult toys, sexual wellness and enhancement products or services
- Adult industry services and jobs, including escort services and sensual massage services
- Preloved undergarments or intimate items such as panties and underwear
- Listings that promote or position products or services in a sexually suggestive manner i.e. contains nudity, implied nudity
- Contraceptive products
- Novelty items, such as soft toys and plushies that are not for the use of sexual enhancement or pleasure
3. Animals & Animal Products
- Human beings, human remains, body parts and bodily fluids
- Live animals and insects
- Any items that are or are made from or include any part of an animal that is subject to regulations or laws for the protection of live animals, including endangered/exotic species and domesticated animals, including but not limited to, pangolin scales, ivory, rhinoceros horn, tiger bone, bear bile, bear paw
- Leather products
- Live insects used as bait or feed
- Wigs or hair extensions
4. Counterfeit & Replica Items
- Counterfeit items
- Items and services that infringe any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights including, but not limited to, unauthorised sale of eBooks, films, video games, etc.
- Listings offering products that are likely to confuse other community members about the source or affiliation of the items i.e. "OEM", "factory direct", "overrun"
5. Weapons, Ammunition & Related Accessories
In general, products with no intended utility or could cause grievous harm are not allowed.
- Knives, swords and hand weapons, including but not limited to
- Machete, parang, sickle, kukri, axe, sword, bayonet, dagger, flick knife, karambit, katana, cane knife
- Any knife the blade of which is exposed by a spring or other mechanical or electric device
- Any bladed or pointed weapon designed to be used in a fashion whereby the handle is held in a clenched fist and the blade or point protrudes between the fingers of the fist
- Display or collectibles stated to be no longer functioning or harmful
- Domestic, culinary and kitchen knives
- Utility knives
- Swiss Army knives without spring
- Pen knives
- Fencing swords
- Firearms, ammunition and explosives, including but not limited to:
- All kinds of guns with lethal metal or bullets, such as artillery, shoulder-fire weapons, machine guns, submachine guns, cartridge guns, automatic rifles, ordinary rifles, carbines, pistols, pen guns, gas guns, anaesthesia guns, shotguns, air guns, spear gun, etc.
- Airsoft Gun
- Any form of modified toy guns, paintball guns, BB guns
- Paraphernalia that could be mistaken as firearm
- Toy guns e.g. Nerf Gun
- Other weapons (e.g. batons, handcuffs, nunchaku, tasers, imitation firearms, concealed weapons, knuckle dusters, blow pipe, bow & arrow, catapult, slingshot)
- Related accessories
- Firearm-related accessories e.g. scope, silencer, magazine, carb stock
- Blank/dummy cartridges
- Bulletproof vest
- Any item that infringes or violates any applicable laws and regulations. For the avoidance of doubt, you shall obtain all authority, licences, permits and/or consents required and necessary
6. Fireworks, explosives, or any hazardous material or restricted chemical
- Ammunitions & explosives, inclusive of display or collectibles – regardless if stated as no longer functioning or harmful
- Fireworks & firecrackers
- All firecrackers that are handheld
- All firecrackers fired from the ground – fireworks, cupolas, crackers, water mandarin ducks, and cannons
- Cake toppers
7. Items that are illegal, unlicensed and/or unauthorised or may encourage illegal activities
- Stolen or illegal goods (in part or in whole)
- Items or listings that promote, support or seek to engage users in illegal activities
- Unlicensed or unauthorised transport and accommodation services
- Unlicensed lottery tickets and tickets offering illegal payouts
- Any unauthorised or unlicensed decoder or device designed or intended for the transmission or transmission of radio waves
- Items or articles belonging to or relating to any triad society
- Listings promoting Multi-Level-Marketing programs, Get-Rich-Quick schemes, Investment schemes, Pyramid selling schemes, Fast cash schemes, Commission-only schemes, gambling
- Vehicle pawning or 'sambung bayar' schemes
8. Medical & Healthcare Items
- Any consumables with slimming/weight loss effect
- Health supplements not registered in NPRA
- Over the counter medicine
- Prescription drugs
- Injectable health or cosmetic substances
- Contact lenses
- COVID-19 test kits
- Medicinal and healthcare products/services claiming to treat or cure any condition which requires the attention of a registered medical or other qualified practitioners
- Any products found to contain banned substances and/or are identified to cause adverse side effects.
- Any drugs, poisons, antibiotics, pharmaceutical products that violates any applicable law and/or regulation.
9. Offensive Materials
- Content that incite feelings of ill-will and hostility between different races and/or classes of the population
- Content that seeks to shame others and/or reveal personal information of others
10. Consumables of the following
- Food containing prohibited substances/substances in excess of permitted proportions
- Food unfit for human consumption (e.g. expired food)
- Opened or partially consumed food
- Alcohol and alcoholic beverages
Sellers who list perishable food items should ensure that the goods are:
- Properly and safely packaged for
- Handled in accordance with local food hygiene practices & guidelines
11. Religious products of the following supernatural claims
- Containing animal or human remains as outlined in prohibited items point (3)
- Products or services promoting supernatural claims and/or acts of the following nature:
- Ability to manipulate or gain control over someone else
- Betting and gambling
- Cause harm against others
- Religious products-related testimonial listings are not allowed – listing should have a purpose of selling an item/service
- Use of listing images relating to money/gambling
- Foresight abilities (i.e. sense and avoid danger)
- Fortune telling or prediction
- Relationship attraction
- Feng Shui
- Wealth attraction (i.e. windfall luck, make you rich etc.)
Products or services promoting supernatural claims and/or acts of the following nature are allowed if they do not make any definitive statements/claims
- "believed to xxx"
- "known to be xxx"
- "will bring about xxx"
12. Beauty & Aesthetic Services
- Genital modification
- Body Modification
- Cosmetic surgeries
- Bust enlargement, toning, lifting, firming services
- Crash diets
- Slimming services
- Any invasive procedures
- Body and facial whitening
- Eyebrow embroidery
- Eyelash extensions
- Tattoo services
- Industrial-grade pesticides
- Any sale, resale or sharing of digital subscriptions and accounts for streaming services, including, but not limited to Cable TV, Netflix, Spotify, Hulu etc.
- Digital licenses and product keys (e.g. Microsoft Office, Adobe software)
- Listings seeking to look for personal relationships
- Money lending services
- Bank transfer and payment helper services
- Recalled items
- Unauthorised reproduction of currencies
- Shares, stock and other securities
- Content that exaggerates beneficial/health effects of a product
- Content that misleads or misrepresents a product
- Political or seditious materials
- TV Box/Android Box/Set Top Box that can be used to stream copyrighted materials
- Any listing or item that violates any applicable law and/or regulation or which Carousell determines is inappropriate for sale through the services provided by Carousell
- Printing services relating to COVID-19 vaccination certificate
7.7 No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
BidNow does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and BidNow servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). BidNow is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from BidNow or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that BidNow has no obligation to support or maintain the Services.
BidNow disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. BidNow is not responsible or liable in any manner for the third party content and services associated with or utilised in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. BidNow does not accept any responsibility in connection with your participation in activities conducted by any other party.
7.8 BidNow Protection Refund Policy
For orders with tracked delivery, BidNow Protection covers the following:
- Item not received
- Item not as described
- The item is of a different variation, such as size, colour, model or version
- The item is incomplete or has missing parts
- The item is damaged or there is one or more undisclosed defect(s)
An item that is materially similar with subjective and non-significant variations from the seller’s listing and description will not be accepted. This includes:
- Item with signs of wear but was correctly listed as being in used condition
- Non-significant variations, including quality, for example:
- Item listed as light pink but received as rose pink
- Item listed as palm-sized but received at 15cm
- Item listed as 8/10 but receiver claims it is more of a 6/10
7.8.1 How can I get a refund?
When an item received is not as listed, raise a return immediately and let your seller know what went wrong. Both the buyer and seller are highly encouraged to communicate via WhatsApp chat and work out a resolution together within 7 days to resolve the dispute among themselves. In addition, BidNow will evaluate your return request and contact you at your registered contact number, within 24 hours, to ask for additional information or provide advice on the next steps.
To be eligible for a return, your item must be unused and in the same condition and packaging as you received it. Any tags on the item should be intact and not damaged. Please ensure all free gifts, warranties, tags, manuals, and any other accessories which were delivered to you are included in your return. Note that BidNow/ the seller reserves the right to reject the return and any request for return if the returned item does not meet the above requirements and/ or is due to a change of mind.
The refund will be processed when the seller has given consent for a refund and the item has been returned to the seller in the right condition.
7.8.2 How long does it take for me to receive my refund?
For payments made via FPX (online banking), you'll receive your refund in 5 working days in your bank account.
For payments made via Debit/Credit cards, you'll receive your refund in 7-10 working days.
7.8.3 Are shipping fees refunded?
Yes! The initial shipping fee that you paid for the delivery of the product will be refunded when the item has been returned to the seller.
8. BidNow Cash
BidNow Cash is our official virtual currency. It was created to reward our buyers with more savings on their next order, which can be used for their orders.
BidNow Cash cannot be exchanged for cash or transferred to another account and will expire at the end of the third month since the buyer received the Cashback. This means that if a buyer received the BidNow Cash on 1st January, the coins will expire on 30th April. BidNow Cash expiry date can be extend another three month for every order are complete.
When buyers purchase from BidNow, they will receive BidNow Cash for their purchase. Buyers will earn 0.5% of BidNow Cash for the product price purchase. Buyers will also earn BidNow Cash amount provided from GroupBid when the product had successfully sold out the quantity specified.
BidNow Cash redeem capped at maximum of RM300 and 50% of the total order paid in a single order.
9. Disputes with users
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to BidNow, BidNow will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release BidNow from any claims, demands and damage arising out of your disputes with users of our Services.
10. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of BidNow. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of BidNow. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by BidNow.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by BidNow to use BidNow trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of BidNow, which may be withheld for any or no reason.
11. Reporting Unauthorised Content
BidNow respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, kindly contact to our customer services to report the same to us.
BidNow reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
12. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL BIDNOW OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BIDNOW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIDNOW AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY BIDNOW IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless BidNow, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
BidNow does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that BidNow and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You and BidNow are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by BidNow to exercise a right or require performance of an obligation in these Terms shall not affect BidNow ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and BidNow and supersedes all prior or contemporaneous understandings and/or agreements between you and BidNow.
16. Governing Law and Jurisdiction
You hereby agree that the laws of Malaysia shall govern this Terms and that the courts of Malaysia shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
ONLINE TERMS AND CONDITIONS
The Terms and Conditions specified herein shall govern all user of www.bidnow.my (“e-auction”)
- ELIGIBILITY OF E-BIDDERS
- Parties who are interested to participate in online auction and bid online (“E-Bidders”) may do so by logging on to BidNow website and register as a user.
- E-Bidders who register as a user to participate in the online auction via BidNow website shall:
- E-Bidders’ eligibility requirements are also subject to the existing Federal and State legal provisions. Non-Malaysian E-Bidders or companies are also advised to take note of restrictions applicable on foreign purchase imposed by relevant authorities.
- REGISTRATION OF E-BIDDERS
- E-Bidders shall provide true, current and accurate information to register as a user.
- E-Bidders need to register as user once and the registered E-Bidder’s username and password can be used for the subsequent on the BidNow website.
- E-Bidders shall keep the E-Bidders’ account details strictly confidential and be liable for any bids made via the E-Bidders’ account.
- E-Bidders are responsible to identify the product properly and to ensure that the details and description of the product are correct and accurate before bidding.
- The registration of an individual as a user on the BidNow website shall not be construed as approval of eligibility of the intended E-Bidder to conclude the auction. Please refer to Part 1 above for requirements on the eligibility of E-Bidders.
- HOW TO BID
- E-Bidders may browse through the BidNow website and select the product the E-Bidders wish to bid.
- By proceeding with the bid in the Auction, the E-Bidders are deemed to have agreed and accepted the BidNow website Terms & Conditions.
- The Terms & Conditions shall be read together with all the Conditions of Sale and shall be deemed to have been read and agreed upon by the E-Bidders prior to bidding.
- E-Bidders must make deposit payment as required under the amount required. Payment of the deposit must be credit to BidNow Credit via Online transfer or Debit/Credit card.
- E-Bidders are required to complete the registration process by inserting the relevant details and make the deposit payment as stipulated in Part 3.4 above latest by at least 30 minutes before the auction event start. BidNow will hold the deposit received in the BidNow Credit as “stakeholder” and such deposit will be not paid out to the relevant parties.
- Registration shall be subject to verification and approval of BidNow website. Please take note that approval from BidNow website administrator may take at least 1 working day.
- Upon approval and verification by BidNow website and subject to the deposit payment, registered E Bidders will receive a password, i.e. “PIN”, and a secured hyperlink via email to the registered email address which allows the registered E-Bidders to bid for their intended product on the auction day.
- Bidding may be done via a computer, smart phone or any device with internet connection.
- Once the E-Bidders have successfully registered for online bidding, the E-Bidders will be eligible to bid online.
- Upon receipt of the secured hyperlink, only one device may be used to access the online bidding interface at any one time.
- All E-Bidders shall read and be familiarised with BidNow website terms and conditions, the conditions of sale and the Terms & Conditions stated herein and the usage of the eAuction system prior to bidding.
- BIDDING PROCEDURES
- Bidding shall generally commence based on the sequence of the lot being shown on online bidding interface.
- It shall be the responsibility of registered E-Bidders to log in through the online bidding hyperlink to wait for their turn to bid for the property lot in which they intend to bid. E-Bidders are advised to log in to the online bidding hyperlink provided and be on standby before the auction time.
- BidNow has the right to set a new auction price in the event there is more than 1 bidder. The reference to a "bidder” here includes E-Bidders as well as on-site bidders (if applicable).
- The amount of incremental bid and the same will appear on the website prior to the commencement of the auction.
- Auction starts when a flash message “Starts” is displayed, followed by a message stating “Auction started. Enter your bid now”.
- Each bid will be called for 3 times, “First Calling, “Second Calling”, “Final Call”. Registered E-Bidders may submit their bid at any of these stages of biddings by entering the bid amount.
- Any bid by the registered E-Bidders shall not be withdrawn once entered.
- In the event of any clarification, disruption or special situation, BidNow may at his discretion decide to pause, postpone and/or call off the online auction. The E-Bidders will be notified of this on the webpage.
- When system displays “No More Bids”, no further bids will be accepted, whether on-site (if applicable) or through the BidNow website.
- The bidder with the highest bid shall be declared as successful bidder upon the fall of hammer.
- A successful bidder will be directed to a page where further directions are given in order to conclude the sale of the auction property. Please also refer to Part 5 below.
- Unsuccessful E-Bidders will have the deposit remain in BidNow Credit.
- The information shown and/or prompted on the screen handled by the BidNow website regarding the online auction, particularly to the calling of bidding price during the bidding process and the declaration of successful bidder shall be final and conclusive.
- POST ONLINE AUCTION
Any E-Bidders who successfully bids for the Product shall a pay the balance amount of the successful bid price via local Bnak Transfer within 3 working days from the date of auction, failing to make payment which the deposit paid will be forfeited to BidNow and the sale will be deemed cancelled/terminated and the product may be put up for subsequent auction without further notice to the said E-Bidders.
- OTHER APPLICABLE TERMS & CONDITIONS
- All registered E-bidders at BidNow website undertake to fully comply with this terms and conditions herein. Further, all successful E-Bidders shall also be bound by the terms and conditions.
- BidNow may from time to time add, modify, or delete any terms and conditions herein in the interest of the Company.
- E-Bidders are responsible to ensure that their internet access is in good condition during the whole process of online auction until conclusion thereof. Unsatisfactory internet access may disrupt any bids made by the E-Bidders.
- BidNow website shall not be liable for any disruptions, delays, failures, errors, omissions, or loss of transmitted information due to the unsatisfactory internet access or any online or system failures or disruptions that may howsoever occur during the process of online auction at the BidNow website resulting in the E-Bidders being unable to place or execute the bid or resulting in any loss whatsoever.
- APPLICABLE LAWS AND JURISDICTION
- The usage of the BidNow website together with the terms and conditions hereof shall be governed by and construed in accordance with the laws of Malaysia.
- The laws of Malaysia shall regulate and apply to all electronic transactions of immoveable property by online auction. Any legal actions or proceedings arising out of or in connection with the electronic transaction of immoveable property by online auction shall subject to the exclusive jurisdiction of the Courts of Malaysia.
- CONFIDENTIALITY OF INFORMATION
- By accessing this BidNow website, the E-Bidders acknowledge and agree that BidNow website may collect, retain, or disclose the E-Bidder’s information or any information by the E-Bidders for the effectiveness of services, and the collected, retained or disclosed information shall comply with Personal Data Protection Act 2010 and any regulations, laws or rules applicable from time to time.
- E-Bidders agree to accept all associated risks when using the service in the BidNow website shall not make any claim nor will the Auctioneer or BidNow website be liable for any unauthorized access or any consequential loss or damages suffered howsoever caused.
- E-Bidders shall be responsible for the confidentiality and use of password and not to reveal the password to anyone at any time and under any circumstances, whether intentionally or unintentionally.
- E-Bidders agree to comply with all the security measures related to safety of the password or generally in respect of the use of the service.
- E-Bidders accept the responsibility that in any event that the passwords are in the possession of any other person whether intentionally or unintentionally, the E-Bidders shall take precautionary steps for the disclosure, discovery, or the E-Bidders shall immediately notify the Auctioneer.
- INTELLECTUAL PROPERTY
- Any information, contents, materials, documents, details, graphics, files, data, text, images, digital pictures, or any visual being displayed in the BidNow website shall not be used or published either by electronic, mechanical, photocopying, recording or otherwise without the permission from BidNow website.
- In the event of any infringement of intellectual property rights under the Terms and Conditions herein, BidNow website may use any available legal remedies which may include the demand for actual or statutory damages, solicitors’ fees and injunctive relief.
- In the event there is any inconsistency, discrepancy, misstatement or error appearing in translations of the particulars and the Terms and Conditions to any other language (if any), the Terms and Conditions in the English Language version shall prevail.
- In the event of any inconsistency between the Terms & Conditions stated herein and the Conditions of Sale, the Conditions of Sale shall prevail.
- Words importing the singular number shall include the plural number and vice versa.