Terms of Service

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Last Updated: April 19, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at https://motorcycle-auctions.com.au (the "Website") and all services, features, and content offered through the Website by Motorcycle-auctions.com.au ("we," "us," "our," or "Company"). By accessing, browsing, or using the Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

1. Acceptance of Terms

By using the Website, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into a binding agreement. Your use of the Website constitutes your acceptance of these Terms and any other policies, guidelines, or rules posted on the Website. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting to the Website. Your continued use of the Website following any modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms regularly for changes.

2. Description of Services

Motorcycle-auctions.com.au provides an online platform for the auction and sale of motorcycles and related vehicles and accessories. The Website facilitates connections between buyers and sellers, allowing users to list, bid on, and purchase motorcycles through an auction-based marketplace. Our services include, but are not limited to:

Listing and cataloguing of motorcycles and related items for auction
Facilitating bidding and auction processes
Providing communication tools between buyers and sellers
Processing payments and transactions
Providing information about auction results and vehicle details
Offering customer support and dispute resolution services

The Website is provided on an "as is" and "as available" basis. We do not guarantee that the Website will be uninterrupted, error-free, or free from viruses or other harmful components. We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without notice.

3. User Accounts and Responsibilities

3.1 Account Creation

To participate in auctions on the Website, you must create a user account by providing accurate, current, and complete information. You agree to maintain the confidentiality of your account credentials and are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

3.2 User Responsibilities

You agree to use the Website only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Website. Prohibited conduct includes:

Harassing, threatening, or intimidating other users
Posting defamatory, obscene, or offensive content
Attempting to gain unauthorized access to the Website or other users' accounts
Interfering with the normal operation of the Website
Collecting or tracking personal information about others without consent
Spamming or sending unsolicited communications

3.3 Account Eligibility

You must be a resident of Australia or have a valid Australian address to use the Website. We reserve the right to verify your identity and eligibility to use the Website at any time. If we determine that you do not meet our eligibility requirements, we may suspend or terminate your account.

4. Intellectual Property Rights

4.1 Company Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Motorcycle-auctions.com.au or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws. The compilation of all content on the Website is the exclusive property of Motorcycle-auctions.com.au and is protected by Australian and international copyright laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial purposes. This license does not include the right to download, reproduce, modify, distribute, transmit, display, perform, or sell any content from the Website without our prior written consent, except as necessary to view the Website in your web browser.

4.3 Trademark Usage

The trademarks, service marks, logos, and brand names displayed on the Website, including "Motorcycle-auctions.com.au," are the property of Motorcycle-auctions.com.au or their respective owners. You are not permitted to use these trademarks without our prior written consent.

5. User-Generated Content

5.1 Listings and Descriptions

When you list a motorcycle or item for auction on the Website, you retain ownership of the content you provide, including photographs, descriptions, and specifications ("User-Generated Content"). However, by posting User-Generated Content on the Website, you grant Motorcycle-auctions.com.au a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, distribute, and display such content for the purposes of operating the Website and promoting the auction.

5.2 Accuracy of Listings

You are solely responsible for the accuracy, completeness, and legality of all information contained in your listings. You warrant that you have the right to list the items you offer for sale and that all information provided is truthful and not misleading. You agree to comply with all applicable laws and regulations regarding the sale of motorcycles and related items.

5.3 Prohibited Content

You agree not to post any content that is illegal, defamatory, obscene, threatening, harassing, or otherwise objectionable. You agree not to list items that are stolen, counterfeit, or otherwise unlawfully obtained. We reserve the right to remove any User-Generated Content that violates these Terms or applicable law.

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Listing items that are illegal or that violate any applicable laws or regulations
Engaging in fraudulent bidding, including bid shilling, bid siphoning, or other deceptive bidding practices
Misrepresenting the condition, authenticity, or ownership of any item
Failing to complete a purchase after winning an auction without valid reason
Using automated tools, bots, or scripts to access or use the Website
Attempting to manipulate auction results or prices
Posting links to external websites or promoting competing services
Violating the intellectual property rights of others
Attempting to circumvent payment or security measures
Engaging in any activity that disrupts or interferes with the Website's operation
Collecting personal information about other users without consent
Using the Website for any illegal purpose or in violation of any applicable laws

Violation of any of these prohibited activities may result in immediate suspension or termination of your account and potential legal action.

7. Disclaimers and Limitations of Liability

7.1 Disclaimer of Warranties

The Website and all content, services, and products provided through the Website are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Motorcycle-auctions.com.au disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

7.2 Accuracy of Information

While we strive to provide accurate information about motorcycles and items listed on the Website, we do not guarantee the accuracy, completeness, or reliability of any information provided by users or displayed on the Website. You are responsible for independently verifying all information before making a purchase decision. We are not responsible for any errors, omissions, or inaccuracies in listings or descriptions.

7.3 Limitation of Liability

To the fullest extent permitted by Australian law, Motorcycle-auctions.com.au shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of use, or other intangible losses, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to these Terms or your use of the Website shall not exceed the amount you have paid to us in the twelve months preceding the claim, or one hundred dollars, whichever is greater.

7.4 Third-Party Content

The Website may contain links to third-party websites and content provided by third parties. We are not responsible for the accuracy, completeness, legality, or quality of any third-party content. Your use of third-party websites is governed by their terms of service and privacy policies, and we encourage you to review them before providing any personal information.

8. Indemnification

You agree to indemnify, defend, and hold harmless Motorcycle-auctions.com.au and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Website, your violation of these Terms, your violation of any applicable law or regulation, or your infringement of any third-party intellectual property rights. This indemnification obligation shall apply regardless of whether the claim is based on contract, tort, strict liability, or any other legal theory.

9. Termination

9.1 Termination by User

You may terminate your account at any time by contacting us through the contact information provided below. Upon termination, your right to use the Website shall cease immediately. However, any obligations you have incurred prior to termination, including payment obligations for completed auctions, shall remain in effect.

9.2 Termination by Company

We reserve the right to suspend or terminate your account and your access to the Website at any time, without notice or cause, if we determine that you have violated these Terms, engaged in prohibited activities, or otherwise acted in a manner that we believe is harmful to the Website or other users. Upon termination, you shall immediately cease all use of the Website.

9.3 Effect of Termination

Upon termination of your account, all rights granted to you under these Terms shall immediately cease. Sections of these Terms that by their nature should survive termination, including but not limited to Intellectual Property Rights, Indemnification, Disclaimers and Limitations of Liability, and Governing Law and Dispute Resolution, shall survive termination.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the courts of Australia.

10.2 Dispute Resolution

Before initiating any legal action, you agree to attempt to resolve any dispute with Motorcycle-auctions.com.au through good faith negotiation. If negotiation fails, you agree to submit the dispute to mediation or arbitration as a condition precedent to commencing any legal action. The specific procedures for mediation or arbitration shall be determined by mutual agreement of the parties.

10.3 Class Action Waiver

You agree that any legal action or proceeding shall be brought on an individual basis and not as a class action, representative action, or collective action. You waive your right to participate in any class action or collective action against Motorcycle-auctions.com.au.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Any modifications shall be effective immediately upon posting to the Website. Your continued use of the Website following any modifications constitutes your acceptance of the modified Terms. We encourage you to review these Terms regularly to stay informed of any changes. If you do not agree to any modifications, you must discontinue your use of the Website.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. If any provision is found to be partially invalid or unenforceable, the provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the provision.

13. Entire Agreement

These Terms, together with any other policies, guidelines, or rules posted on the Website, constitute the entire agreement between you and Motorcycle-auctions.com.au regarding your use of the Website and supersede all prior negotiations, representations, and agreements, whether written or oral. No course of dealing, course of performance, or trade usage shall modify these Terms.

14. Contact Information

If you have any questions about these Terms or the Website, or if you wish to report a violation of these Terms, please contact us at the following address:

Motorcycle-auctions.com.au
Australia

We will make reasonable efforts to respond to your inquiry within ten business days. For urgent matters, please clearly mark your communication as "URGENT."

Effective Date: April 19, 2026

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