Terms

Auction Terms and Conditions

iBidOnStorage Terms and Conditions
(Auction Participants and Sellers)

Background

These terms and conditions (Terms and Conditions) apply to anyone using iBidOnStorage.com.au, a public sale website, to either:

· bid on Auctions; or

· offer Goods for sale by Auction.

These Terms and Conditions comprise two parts:

· Part A – applicable to persons bidding on Auctions; and

· Part B – applicable to persons offering Goods for sale by Auction via the Auction Platform.

If you bid on an Auction or offer Goods for sale by Auction through the iBidOnStorage.com.au Auction Platform, you will be deemed to have accepted these Terms and Conditions. Therefore, please review these Terms and Conditions carefully before bidding on an Auction or offering Goods for sale by Auction.

This version of the Terms and Conditions is dated 18 November 2025.

PART A – Applicable to persons bidding on Auctions

1. Definitions and interpretation

In this Agreement:

1.1 Definitions

Account means Your single account with Us in respect of this Agreement, identified by your chosen username.

ADC has the meaning given to it by clause 16(b)(1).

Additional Terms and Conditions means any terms and conditions imposed by a Seller with respect to an Auction process undertaken under paragraph (a) or (b) of the definition of Auction, being those identified on the page of the Auction Platform pertaining to a particular Auction as applying to that Auction.

Agreement means these Terms and Conditions, the Privacy Policy and the Website Terms which You accept and agree to when You register an Account with Us.

Allowed Time has the meaning given to it by clause 4(d)(10).

Auction means an auction of goods a Seller, or in the case of a private sale, iBidOn lists on the Auction Platform, undertaken consequent upon, pursuant to or as:

(a) a default under one or more storage agreements between the Seller and one or more storers;

(b) applicable Uncollected Goods Legislation; or

The items listed for an Auction undertaken under paragraph (a) or (b) of the definition of Auction may, at the discretion of the Seller, pertain to one or more Units.

Auction Platform means www.iBidOnStorage.com.au or any subsequent URL used by Us from time to time to facilitate Auctions.

Australian Consumer Law means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Cth).

Australian Privacy Principles means the Privacy Principles set out in the Privacy Act.

Bidding Period has the meaning given to it by clause 4(d)(2).

Business Day means a day on which banks are open for general banking business in the capital city of the state in which:

(a) the relevant Seller`s facility is located; or

(b) the Nominated Place is located,

but does not include Saturdays, Sundays or public holidays.

Cleaning Deposit has the meaning given to it by clause 3(b).

Corporations Act means the Corporations Act 2001 (Cth).

Credit Card has the meaning given to it by clause 4(a)(3).

Default means a breach of this Agreement or, as applicable the relevant Additional Terms and Conditions.

Default Action means any of the actions described in clause 14 (Consequences of Default).

Dispute has the meaning given to it by clause 16(a)(1)

External Websites has the meaning given to it by clause 8(a)

Failed Amount has the meaning given to it by clause 4(d)(8).

Fees means, collectively, the fees described in clause 3.

Goods means the goods that are the subject of an Auction.

Goods Sale Contract has the meaning given to it by clause 4(d)(7)(A).

GST means any goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Holding Company has the meaning given in section 9 of the Corporations Act.

Indemnified Party means Us and Our directors, employees, contractors, subcontractors, agents, Holding Company and Subsidiaries.

Intellectual Property and/or IPR means all intellectual property rights and related rights in Australia and throughout the world, including patents, copyright (including moral rights), rights in circuit layouts, registered designs, trademarks, domain names and the right to have confidential information kept confidential, and any application or right to apply for registration of any of those rights.

NIST means National Institute of Standards and Technology.

Nominated Place has the meaning given to it by clause 4(d)(7).

Opening Bid Amount has the meaning given to it by clause 4(d)(3).

Other Marks has the meaning given to it by clause 6(e)(1).

Our Trade Marks has the meaning given to it by clause 6(e)(1).

Personal Goods has the meaning given to it by clause 6(g)(2).

Personal Information has the meaning given to it in the Privacy Act.

Premium has the meaning given to it by clause 3(a).

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means the Privacy Act and any applicable Australian legislation or regulations regarding privacy or the handling of Personal Information in Australia.

Privacy Policy means Our privacy policy, as updated from time to time, which is available at https://www.ibidonstorage.com.au/privacy_policy/

Prohibited Goods includes, without limitation, goods that are hazardous, dangerous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, living, or that can pose a risk to any person or property, including any lithium-ion battery or item containing a lithium-ion battery.

Required Actions has the meaning given to it by clause 4(d)(10).

Sale Price means, in respect of an Auction, the final price bid by the winning bidder for the Goods the subject of that Auction.

Seller means:

(a) the operator of a self-storage facility in Australia which: or

(b) in the case of a private sale, a private seller who,

has engaged iBidOn to conduct an auction of Goods.

Services means the content, features, and functionality provided by the Auction Platform to allow You to bid on and make purchases at Auctions, specifically, to act as an online venue to allow You the opportunity to bid on Auctions in an area which You designate within Australia, as modified from time to time.

SSL means Secure Sockets Layer.

Subsidiary has the meaning given in section 46 of the Corporations Act.

Third-Party Information has the meaning given to it by clause 6(d).

Transaction means any purchase effected by You through the Auction Platform, including the completion of the purchase and collection of the Goods from the relevant Seller`s facility or in the case of a private sale, from the Nominated Place.

Uncollected Goods Legislation means the Australian Consumer Law and Fair Trading Act 2012 (Vic), Uncollected Goods Act 1995 (NSW), Disposal of Uncollected Goods Act 1967 (Qld), Unclaimed Goods Act 1987 (SA), Disposal of Uncollected Goods Act 1970 (WA), Uncollected Goods Act 2004 (NT) and Uncollected Goods Act 1996 (ACT), as applicable to the jurisdiction in which the Facility is located.

Unforeseen Event includes fire, flood, earthquake, storm, equipment failure, information-technology-system failure, third-party cyberattack or another event outside of any party`s reasonable control adversely affecting the access to or use of the relevant Unit or any part of the relevant Seller`s facility or in the case of a private sale, the Nominated Place.

Unit means, in respect of an auction undertaken under paragraph (a) or (b) of the definition of Auction, a unit at the relevant Seller`s premises, at or in which some or all of the Goods are located, and Units has a corresponding meaning.

We, Us, Our and/or iBidOn means I Bid On Pty Ltd as trustee for the IBOS Auction Trust ACN 620 741 657 with its principal office at Suite 5, 18 Karalta Rd ERINA, NSW 2250 Australia (or any of Our successors or permitted assigns).

Website Terms means Our website terms of use, as updated from time to time, which are available at website terms and which apply to Auction Participants as well as any member of the general public who accesses the URL www.ibidonstorage.com.au.

You or Auction Participant means the person (which may be one or more persons, as applicable, and may include a natural person, body corporate (and if so, each person acting with the actual or apparent authority in respect of that body corporate), partnership or trust) participating in an Auction and/or Your authorised representatives and anyone to whom You provide access to Your user name and password for the purpose of accessing the Auction Platform.

1.2 Interpretation

(a) the singular includes the plural and vice versa;

(b) the meaning of general words is not limited by specific examples introduced by words like "including", "for example", "such as" or similar expressions;

(c) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) a reference to any document, policy or legislation includes all amendments, consolidations or replacements (and all regulations or instruments issued under it, if any);

(e) time limits under this Agreement (including any notice issued under this Agreement) must be strictly complied with by all parties;

(f) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in the city in which the relevant storage facility is located;

(g) neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting; and

(h) each party will exercise reasonably any powers (including discretion, opinion or belief) conferred on it under this Agreement.

1.3 Inconsistency

If there is any inconsistency between these Terms and Conditions and the Additional Terms and Conditions, these Terms and Conditions will be interpreted so as to eliminate such inconsistency, however if an inconsistency remains, then the Additional Terms and Conditions will prevail to the extent of such inconsistency.

2. Services

In providing the Services:

(a) We act as the disclosed agent of the relevant Seller and are not party to any sale that eventuates;

(b) We are solely a passive conduit to facilitate:

(1) conduct of Auctions which may result in a sale of Goods by the relevant Seller to You;

(2) communication between You and the relevant Seller, in respect of an auction undertaken under paragraph (a) or (b) of the definition of Auction;

(3) Your identification as a bidder during an Auction; and

(4) in respect of an auction undertaken under paragraph (a) or (b) of the definition of Auction, if You are the winning bidder, the provision of Your Information to the relevant Seller;

(d) The only information known by us about the Goods is the description (and photos) provided by the relevant Seller, which We make available to You through the Auction Platform. This description may be in the form of either a specific inventory of the contents of a Unit, or a general inventory describing the relevant Goods. We have not verified any description We provide to You and accordingly, We make no warranty (whether express or implied) or representation as to the completeness or accuracy of any description. Further, We also make no warranty (express or implied) or representation as to the kind, quality, quantity or count of any Goods included in a description We make available to You;

(e) We have no control over:

(1) the quality, safety, legality or quantity of any Goods;

(2) the truth, accuracy or completeness of any listing;

(3) the information about any Goods made available by the relevant Seller; or

(4) the ability of a Seller to sell any Goods; and

(f) We cannot ensure that a Seller will actually complete a Transaction consequent upon completion of an Auction process.

3. Fees

(a) If You are the winning bidder of an Auction, 17.5% of the Sale Price (Premium) is payable by You to Us. The Premium must be paid by You at the time of payment of the Sale Price under clause 4(d)(7)(B).

(b) If identified on the page of the Auction Platform pertaining to a particular Auction undertaken under paragraph (a) or (b) of the definition of Auction as applying to that Auction, You agree to pay a cleanup deposit to the relevant Seller (Cleaning Deposit). The amount of the Cleaning Deposit is as specified in the relevant Seller`s Additional Terms and Conditions applicable to that Auction and is payable in respect of each Unit where Goods You have purchased are located. The Cleaning Deposit must be paid when You arrive at that Seller`s facility to empty the relevant Unit(s) under clause 6(g)(1). The relevant Seller will refund the Cleaning Deposit to You when You leave the relevant Unit(s) in a clean and tidy condition satisfactory to the relevant Seller (acting reasonably). If not left in that condition, the relevant Seller may retain so much of the Cleaning Deposit as is necessary to cover its costs of cleaning the relevant Unit(s).

(c) You must pay any government taxes, charges or duties (including any GST) payable in respect of this Agreement. A valid tax invoice will be provided to You on request and/or issued periodically by Us to You, as the case may be.

4. Auction process

(a) Prerequisites to participation and eligibility

(1) You may only bid on an Auction if You have an Account.

(2) You agree to comply with these Terms and Conditions as well as any Additional Terms and Conditions applicable to the relevant Auction. You acknowledge that the applicable Additional Terms and Conditions may contain eligibility criteria for participation, which may preclude You from participating in that Auction.

(3) Prior to placing a bid, You will be required to enter so many details of a current credit card (Credit Card) as are sufficient for the Sale Price and the Premium to be deducted from the Credit Card if You are notified as the winner of an Auction.

(b) Exclusivity

When Goods are listed on the Auction Platform, they are not simultaneously auctioned or sold through a live sale, so the person notified by Us to be the winner of a bid is the winner of the sale.

Unless otherwise specified, all Auctions are conducted in Australian dollars and all Sale Prices are inclusive of GST.

(d) Bids, Bidding Period and winning bids

(1) Your bid on an Auction should be solely based on the inventory (description and photos) referred to in clause 2(d), without any reliance on iBidOn.

(2) bids can only be made, and will only be accepted, during the time period specified on the page of the Auction Platform pertaining to a particular Auction as applying to that Auction (Bidding Period). The Bidding Period may be extended by Us based on communication by the Seller. Any bid made within the last 1 minute of the Bidding Period extends the Bidding Period so that the Bidding Period then expires 2 minutes after that bid is made. The online collection of bids will not cease until the last 60 seconds have passed without any additional bids.

(3) at the beginning of the Bidding Period, a Seller may set a minimum Sale Price for an Auction (Opening Bid Amount).

(4) the minimum bid increment applicable to an Auction is as specified on the page of the Auction Platform pertaining to a particular Auction as applying to that Auction.

(5) The winning bid in any Auction will be the highest bid that:

(A) matches or exceeds the Opening Bid Amount; and

(B) complies with any relevant Additional Terms and Conditions.

(6) You acknowledge that the relevant Seller may withdraw Goods from an Auction for any reason at any time before a winner has been notified under clause 4(d)(7) .

(7) If You are the winning bidder at an Auction, we will notify you via email (which email will also, in the case of a private sale, mention the address from where the Goods are to be picked up (Nominated Place)) and You acknowledge and agree that upon receiving such notification:

(A) You have entered into a binding contract with the relevant Seller to purchase the relevant Goods for the Sale Price (Goods Sale Contract), and must empty the relevant Unit(s) or Nominated Place under clause 6(g)(1);

(B) the Sale Price and the Premium will immediately be deducted from Your Credit Card;

(D) the Goods Sale Contract includes the right of the relevant Seller to terminate as set out in clause 4(d)(11).

(8) If payment of either the Sale Price or the Premium under clause 4(d)(7)(B) fails (the relevant amount or the aggregate of the relevant amounts not paid being the Failed Amount) we will send You an email with instructions to make payment of the Failed Amount. If You do not make the payment within the timeframe stipulated within such an email:

(A) You will be deemed to be in Default under these Terms and Conditions

(B) the Goods remaining in the relevant Unit(s) or Nominated Place will be deemed abandoned by You; and

(D) the Seller or iBidOn, in the case of a private sale, may list the relevant Goods in its next Auction; and/or

(E) the Seller may dispose of the relevant Goods as if You authorised such disposal, in which case You shall be liable for the Seller`s reasonable disposal and Unit or Nominated Place cleaning costs; and

(F) You waive all claims against Us and the Seller for taking any action under this clause4(d)(8).

(9) Notwithstanding clause 4(d)(8), if We attempt to contact You to provide You with an opportunity to perform the Goods Sale Contract, and You then do so, We will charge You an administration fee to cover Our additional expenses in contacting You and facilitating this payment.

(10) Failure to appear after winning. You must appear at the relevant Seller`s premises or the Nominated Place, as applicable, and, in respect of an auction undertaken under paragraph (a) or (b) of the definition of Auction, pay the Cleaning Deposit, and remove the relevant Goods from the relevant Unit(s) or Nominated Place (Required Actions) by no later than the time specified on the page of the Auction Platform pertaining to a particular Auction as applying to that Auction (Allowed Time). If no time is specified, the Allowed Time is within 72 hours of You being notified that You are the winner of the relevant Auction. If You do not, within the Allowed Time, complete the Required Actions, then, regardless of any other communication You may have with the relevant Seller, You will be deemed to have breached the Goods Sale Contract and these Terms and Conditions and the relevant Goods Sale Contract will be deemed to have been terminated. Further, clauses 4(d)(8)(B)-4(d)(8)(F) will apply with necessary changes and in respect of an auction undertaken under paragraph (a) or (b) of the definition of Auction, You continue to remain liable to the relevant Seller for any damages they may suffer, including loss of future rental income arising from Your Default. Further, if You are deemed to have breached a Goods Sale Contract, We may terminate Your right to participate in future Auctions on the Auction Platform for any period of time We deem appropriate.

(11) Notwithstanding anything in clause 4(d)(7)(A), a relevant Seller may terminate a Goods Sale Contract at any time prior to You completing the Required Actions, including if payment in full of the Sale Price and the Premium have been received. However, if a relevant Seller exercises this termination right, then it must pay You an amount representing the reasonable out of pocket expenses that You have incurred (and for which You provide reasonable evidence) as a result of the relevant Seller`s termination of a Goods Sale Contract.

(e) Fraud check

(1) Your right to bid on Auctions, including close to the end of Bidding Period, may be suspended for up to thirty (30) minutes to enable Us to undertake a manual fraud check. Additionally, We may, acting reasonably, suspend Your right to bid for a longer period, to enable Us to undertake a more complete investigation.

(2) We may perform a fraud check as referred to in clause 4(e)(1) if:

(A) We have reason to believe You are not the actual bidder; or

(B) if bid increments increase at rates or levels which We deem to be inappropriate, unacceptable, or a cause for concern of fraudulent activities.

(f) If winning bidder information reasonably indicates that You are associated with an account we have previously banned from the Platform, then We may undertake such fraud checks as are reasonably necessary and, based on the result of those checks, We may notify You that the relevant Goods Sale Contract (if any) is cancelled. In that case, We will arrange for any Sale Price and Premium pertaining to the relevant Auction that has or have been paid to be refunded to you, and clauses 4(d)(8)(B)-4(d)(8)(F) will apply with the necessary changes.

(g) Auction Platform video and audio

Any audio or video displayed during an Auction is for entertainment purposes only and You will not rely on such any audio or video to determine the status of the bidding or the value of the Goods.

(h) Disputes between You and a Seller

(1) Any dispute You may have with the relevant Seller pertaining to Goods purchased at an Auction (for example, regarding the quality, quantity, or availability) must be attempted to be addressed directly with the Seller. In the event You and a Seller have been unable to satisfactorily resolve a dispute within 5 Business Days, clause 15 will apply.

(2) Given that We are only a conduit to facilitate a sale between You and a Seller, subject to clause 4(h)(1), We have no liability in the event You have a dispute with a Seller. You release all Indemnified Parties from any claims, demands and liability in this regard.

5. Our security policy

(a) The Credit Card details that You provide to Us under clause 4(a)(3) are passed through a secure server using the latest 256-bit SSL encryption technology and signed with the NIST-recommended 2048-bit signatures, which provides 256-bit encryption of customer data.

(b) 256-bit SSL encryption is the current industry standard. If You have any questions regarding Our security policy, please contact Our customer support at [email protected].

(d) A customer token ID generated by eWay, called upon to charge the associated customer`s Credit Card in eWay’s system.

(e) Credit Card data is transmitted securely through to eWAY’s PCI DSS-compliant servers via eWay’s Rapid API and is not stored with Us.

6. Your obligations

(a) Website Terms

You agree to be bound by the Website Terms. To the extent of any inconsistency with these Terms and Conditions, these Terms and Conditions will prevail.

(b) Your Account

(1) You are responsible for maintaining the confidentiality of Your Account (including of any password(s) You have chosen or which We may issue to You in connection with Your access of the Auction Platform or use of the Services).

(2) You are also responsible for all uses of Your Account, whether or not expressly authorised by the person named as an Auction Participant in establishing an Account. If You believe that Your account and/or password(s) has/have been misused or compromised in any manner, you must contact Us promptly.

(3) You agree that You will not maintain multiple accounts or user names with Us without Our express written consent, which may be granted by Us, in Our discretion, acting reasonably, following a request submitted by You. Any such request must include Your primary user name and Your reason for requesting multiple accounts.

(4) You are solely responsible for obtaining and maintaining all telephone, communication, computer hardware and software and other equipment needed for access to and/or to use the Auction Platform and the Services, and for all charges of any description arising from or relating to such access and/or use.

(1) For the purposes of this clause 6(c), the term Your Information means:

(A) any information or material You provide to Us in connection with Our registration process for an Account, Your access of the Auction Platform or use of any Services or in email correspondence with Us;

(B) any information or materials You provide to other users of the Auction Platform in connection with Your access of the Auction Platform or use of any Services, or on any public message board or chat room area accessible through or associated with the Auction Platform;

(D) any username You utilise and any search term or other instructions that You input on the Auction Platform; and

(E) Your Information may be in the form of textual information, graphic images, photographs and/or audio-visual materials.

(2) Except as expressly provided otherwise in this Agreement, You are solely responsible for Your Information.

(3) You agree that Your Information will not:

(A) be false, inaccurate, frivolous, or misleading;

(B) infringe any third party`s Intellectual Property, other proprietary right or right of publicity or privacy;

(C) violate any applicable law (including those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(D) be defamatory, threatening, harassing, or obscene; or

(E) contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services or the operation of the Auction Platform, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of accessing the Auction Platform or using the Services;

(F) create any liability for Us, or cause Us to lose (in whole or in part) the services of any of Our internet service providers or other suppliers or business affiliates; or

(G) contain any links to or from other information or websites which You do not have the right to reproduce.

(4) You agree to promptly update Your Account registration information in order to keep it current, complete and accurate.

(5) You accept and agree that any of Your Information provided to a Seller or third party will be handled in accordance with that party`s privacy policy.

(6) To enable Us to use Your Information to create an Account or provide the Services, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exploit the copyright and publicity rights (but no other rights) You have in Your Information.

(d) Other Auction Participants

(1) You agree not to use any information regarding or about other Auction Participants which information is accessible from the Auction Platform or disclosed to You by Us (Third-Party Information) except to enter into and complete transactions or as expressly authorised.

(2) You will not use any Third-Party Information for the purposes of solicitation of, advertising to, sending unsolicited e-mails to, spamming or harassing other participants on the Auction Platform or any third party, or in any manner that is inconsistent with Our Privacy Policy or Our Website Terms.

(e) Intellectual Property

(1) the word or words "IBidOnStorage" and the keyhole logo are trademarks owned by Us (Our Trade Marks). All other trademarks, service marks, product names and company names or logos appearing on the Auction Platform (Other Marks) are the property of their respective owners. You must not use, reproduce, modify, distribute or republish either Our Trade Marks or an Other Mark without the prior written permission of the relevant owner; and

(2) You acknowledge and agree that You are not permitted to sell, licence or otherwise dispose of any software downloaded from the Auction Platform and that the licence granted under clause 7(e) may not be assigned or sublicensed and that any such assignment or sublicense is void.

(f) Information available on the Auction Platform

You are responsible for evaluating the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services or on the Auction Platform and will seek the advice of appropriate professionals before incurring any substantial obligation or accepting any material risk.

(g) Upon winning an Auction

(1) Unless otherwise stated on the page of the Auction Platform pertaining to a particular Auction as applying to that Auction, You must fully empty the relevant Unit(s) or Nominated Place, as applicable, within the Allowed Time. If the Allowed Time expires:

(A) any Goods remaining in the relevant Unit(s) or Nominated Place, as applicable, will be deemed abandoned by You and may be disposed of by the Seller (as if You authorised such disposal) in any reasonable manner it sees fit (including by the Seller or iBidon, in the case of a private sale, offering the goods to the next highest bidder or at the next Auction) at its discretion, in which case You shall be liable for the Seller`s reasonable disposal and Unit or Nominated Place cleaning costs; and

(B) We may terminate Your right to participate in future Auctions on the Website for any period of time We deem appropriate.

(2) You must carefully inspect the contents of the relevant Unit(s) or Nominated Place, as applicable, for Prohibited Goods and goods of a personal nature (such as, among others, marriage certificates, photographs, birth certificates and tax records) (Personal Goods) prior to removing them from the relevant Unit(s).

(3) You should contact the relevant local police department to notify the presence of any Prohibited Goods in the relevant Unit(s) or Nominated Place, as applicable, and You accept that all Prohibited Goods and Personal Goods are excluded from the sale. If You (whether intentionally or accidentally) remove the Prohibited Goods, You do so at Your sole risk.

(h) Seller`s or iBidon`s right to void a sale

(1) If the Seller becomes aware that Goods the subject of a Goods Sale Contract are required to be surrendered as part of police investigation or action, or reasonably required in relation to legal proceedings, the Seller can, in writing, inform You that the relevant Goods Sale Contract is void, irrespective of You having wholly or partially:

(A) completed all Required Actions under clause 4(d)(10); and/or

(B) emptied the relevant Unit(s) or Nominated Place, as applicable, under clause 6(g)(1);

(2) Within 2 Business Days of receiving a notice from a Seller under clause 6(h)(2), You must return all of the Goods that are in your possession.

(3) Within 2 Business Days of receiving the Goods from you under clause 6(h)(3), the Seller will refund you the amount representing the Sale Price of the Goods that are returned, calculated by the Seller (acting reasonably).

(i) Access to the Auction Platform and Your use of the Services

(1) You must not engage in any fraudulent activity including by:

(A) registering to use the Services under a false name;

(B) using an invalid or unauthorised Credit Card in connection with the Services;

(D) entering unverifiable information or information that cannot be authenticated through or on the Auction Platform;

(E) impersonating any other user of the Services or Auction Participant; or

(F) using another person`s username or password to access their account.

(2) You will not interfere with the working of the Auction Platform by:

(A) using any robot, spider, other automatic device or manual process to monitor or copy the web pages on the Auction Platform or the content contained in those web pages, without Our prior express written permission;

(B) using any device, software or routine to interfere or attempt to interfere with the proper working of the Auction Platform or the provision of the Services, or with any transaction being conducted on or through the Auction Platform; or

(C) taking any action that imposes an unreasonable or disproportionately large load on the Auction Platform`s server infrastructure.

7. Content

(a) For the purposes of this clause 7, the term "Content" means any information, text, software, photographs, music, audio or video clip, graphic, link or other similar material on or available by accessing the Auction Platform.

(b) The Content is Intellectual Property owned by Us, the Sellers or relevant third parties.

(d) You must comply with any copyright notices, information, or restrictions contained in any Content.

(e) Unless otherwise agreed with You in writing, We grant You a limited, non-exclusive, non-transferable, non-sub-licensable, and revocable licence to access the Content only for Your own personal non-commercial use, subject to compliance with these Terms and Conditions. In no case may You re-publish, modify, distribute or reproduce the Content without Our express written permission.

(f) Uploading or posting Content

(1) You will not upload, post, or otherwise make available through the Services or the Auction Platform any Content protected by any IPR, without the express permission of the owner of the IPR. The burden of determining the ownership of any Content rests with You, and You are solely liable for any damage resulting from any infringement of such IPR.

(2) By submitting Content to any public area of the Auction Platform, You:

(A) grant, or warrant that the owner of such Content has expressly granted, Us a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, publicly display and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content; and

(B) permit any other user of the Services or person accessing the Auction Platform to access, view, store, or reproduce such Content for that user`s personal use.

(g) You acknowledge and agree that We enter into these Terms and Conditions with You on Our own behalf, as agent for the relevant Seller and also as agent for the Indemnified Parties, Our affiliates and third-party content providers and licensors and each of them has the right to assert and enforce relevant provisions of these Terms and Conditions directly, as do We on their behalf.

8. External Websites

(a) The Services and the Auction Platform may contain links to other websites that are owned and operated by third parties (each an External Website).

(b) These Terms and Conditions do not apply to Your use of any External Website and We are not responsible for the availability of any External Website.

(c) We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Website, and You acknowledge that We are not responsible for the availability of, or the content, advertising, products, or other materials located on or accessed through, any External Website.

(d) We are not responsible or liable for any loss or damage that is caused or alleged to have been caused to You in connection with Your use of, or reliance on, any content, goods, or services available on any External Website.

(e) If You decide to access an External Website, You do so at Your own risk and if You have any concerns relating to the content of, or services offered by, an External Website, You should contact the administrator of that External Website.

9. Your acknowledgements

You acknowledge and agree that:

(a) by registering with Us and using the Services, You are bound by this Agreement;

(b) You are over 18 years of age and are otherwise capable of entering into a binding contract;

(d) all Goods are purchased on an "as is, where is" basis and You are not entitled to claim any refund for the Goods You purchase through an Auction, irrespective of whether, in Your opinion, the Goods are unsafe, not working or incapable of being operated; and

(e) Your right to use the Services is limited to a single workstation at a time.

10. Privacy

(a) You agree to be bound by Our Privacy Policy. To the extent of any inconsistency with these Terms and Conditions, the terms of the Privacy Policy will prevail.

(b) Through Your use of the Auction Platform, or otherwise during the course of Your dealings with us, You may provide Us with Personal Information. By registering an Account with Us, You authorise Us to use Your Personal Information in Australia and in any other country where We operate.

(c) We take Our privacy obligations seriously. Please refer to Our Privacy Policy available at https://www.ibidonstorage.com.au/privacy_policy/ for further information about the kinds of information We collect, how that information is used and held, and Your rights in relation to it.

11. Our rights to monitor, investigate, suspend and cancel (etc)

(a) We have the right, but not the obligation, to monitor any form of user activity and/or content linked to or from or otherwise associated with the Services or the Auction Platform.

(b) We may investigate:

(1) any reported violation of this Agreement or of any Additional Terms and Conditions; and/or

(2) any user or third party complaints relating to this Agreement or to any Additional Terms and Conditions.

(c) We may, without notice, if reasonably required to give effect to these Terms and Conditions, the Privacy Policy or any applicable law, take any reasonable action (including, without limitation, issuing warnings, suspending or terminating the Services, disabling access to the Auction Platform, removing any materials posted on the Auction Platform and/or temporarily suspending an Account) that We consider necessary consequent upon an investigation under clause 11(b).

(d) We may investigate any Credit Card activity relating to the Services or the Auction Platform and, in Our sole discretion, take such action as We deem necessary or appropriate, including:

(1) contacting the owner or user of such Credit Card if We reasonably suspect or believe that the relevant credit card belongs to a third party;

(2) requesting You to verify that You are the holder of the relevant Credit Card and/or confirm that the relevant bid was placed by You; and/or

(3) cancelling any relevant sale if You fail to satisfy Us, within the timeframe We specify to You, that You are the holder of the relevant Credit Card.

(e) If We cancel a sale, in accordance with clause 11(d)(3)above (and subject to clause 11(f) below) We will, within 5 Business Days, refund the Sale Price and the Premium paid back to the relevant Credit Card.

(f) If We suspect or believe that fraud has or may have occurred during a bidding process and We decide, acting reasonably, to cancel a sale where You are purportedly the winning bidder of the relevant Auction:

(1) We will refund the Sale Price and the Premium paid back to the relevant Credit Card; and

(2) We may offer You the opportunity to complete the sale by asking You to transfer the applicable Sale Price and Premium via direct deposit (and within the timeframe We specify) into a bank account nominated by Us and communicated to You in writing.

12. Australian Consumer Law

(a) The Australian Consumer Law may apply to this Agreement and to the extent it does, it provides You with rights that cannot be excluded, restricted or modified by this Agreement. Any provision of this Agreement is subject to the specific protections and guarantees in that law (to the extent those specific protections and guarantees apply to goods the subject of an auction and cannot be excluded) and any corresponding Federal, State or Territory legislation.

(b) Subject to clause 12(a), to the maximum extent permitted by law:

(1) We do not guarantee the performance of any obligation by a Seller and We disclaim all warranties that:

(A) the Services will be uninterrupted or error free;

(B) all bids made will be accepted or registered as part of the Auction process; or

(2) neither We nor any provider of third-party content (or Our respective agents) provides any warranties:

(A) about the Auction Platform or the Services (i.e. that either of them will meet any requirements You may have to be uninterrupted, timely, secure or error free);

(B) about the results to be obtained from use of the Auction Platform, the Services or the third-party content. The Services and the third-party content are distributed on an "as is, as available" basis;

(D) that the configuration of the computer system used by You to access the Auction Platform will be compatible with the Auction Platform, if you do not follow the recommendation We have listed on the Auction Platform in this regard. It is Your sole responsibility to ensure that Your computer system has the recommended hardware, operating software (including any anti-virus software), and internet browser software versions to support the Auction Platform`s full functionality and capabilities; and

(3) neither We nor a Seller provides any warranties about the Goods that they:

(A) are of an acceptable quality;

(B) are fit for any disclosed purpose;

(D) comply with any express warranties,

and if possible, You should inspect the Goods before making a bid.

(4) Your right to raise an issue with the Goods is limited to asking the relevant Seller for a refund of the Sale Price if:

(A) the Goods were advertised in a misleading manner and/or hid details reasonably likely to influence Your decision about whether or not to bid, or how much to bid, for the Goods; or

(B) the Seller did not have the right to sell the Goods.

(5) the Indemnified Parties disclaim any liability for loss or damage caused by:

(A) Your reliance on third-party content on the Auction Platform; or

(B) Your exposure to information contained on the Auction Platform.

13. Liability and risk

(a) Subject to clause 12 (Australian Consumer Law), any applicable law (including conditions, warranties or guarantees which cannot be excluded, such as the consumer guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law, to the extent they apply to goods the subject of an auction), and the provisions of this clause 13, You:

(1) bear the risk of injury, damage or loss caused by any defamatory, offensive or illegal conduct of other users of the Auction Platform. This is because We do not undertake any moderation or editing of content provided by other users on the Auction Platform;

(2) must indemnify, defend and hold the Indemnified Parties harmless from and against all claims, liabilities, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any use of the Services by You or under Your Account (by any person, whether or not authorised by You). We reserve the right, at Our own expense, to assume the exclusive defence and control of any such matter, and in such case, You agree to cooperate with Our defence of such matters. We may exercise this right by written notice to You; and

(3) release Us (and also each of Our Indemnified Parties) from all claims and liability arising from any loss, damage or injury occurring or arising from Your use of the Auction Platform or in connection with Your use of the Services; and, in any event, if it is determined that We are (or an Indemnified Party is) liable to You, Our (or such Indemnified Party`s) liability is capped at the greater of:

(A) the amount of Premium you have paid us in the 12 months prior to the date of the event giving rise to the liability; and

(B) $2,500.

(b) Clause 13(a) does not apply to the extent any claim, loss, expense, risk, liability, damage or injury is caused by Our (and/or, as relevant, any of Our Indemnified Party`s) negligence, wilful misconduct, fraud or criminal conduct.

(c) We must indemnify You and hold You harmless in respect of any claim, liability, loss, cost or expense (including legal fees) incurred by You, to the extent such claim, liability, loss, cost or expense directly results from Our (and/or, as relevant, any of Our Indemnified Party`s) wilful misconduct, negligent omission, fraud or criminal conduct.

(d) Neither party:

(1) is entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement; or

(2) is liable under this Agreement for any indirect, consequential, special or incidental loss or damages.

(e) Each party`s (or an Indemnified Party`s) liability for any claim, expense, risk, liability, loss, damage or injury (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant claim, expense, risk, liability, loss, damage or injury.

(f) You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.

(g) You acknowledge and agree that We enter into these Terms and Conditions with You on Our own behalf, as agent for the relevant Seller and also as agent for the Indemnified Parties, and each of them has the right to assert and enforce relevant provisions of these Terms and Conditions directly, as do We on their behalf.

14. Consequences of Default

In the event of Your Default (such as any Fees becoming overdue or You failing to comply with Your obligations under clauses 4 or 6) under this Agreement, We may (but are not obliged to), without any liability to You for any loss or damage and without limiting any other rights under this Agreement (including the right of termination), take any of the following Default Actions:

(a) issue a warning to you through the Auction Platform;

(b) temporarily or indefinitely suspend Your Account, refuse to provide the Services to You and/or prohibit Your access to the Auction Platform; or

(c) in the event of a breach of clause 6(i)(1) or if, acting reasonably, We suspect such a breach, We may (subject to the Privacy Policy), report You to any law enforcement agency or government authority and cooperate with them.

15. Unforeseen Events

On occurrence, or reasonably anticipated occurrence (such as an official weather warning from the relevant authorities) of an Unforeseen Event:

(a) You must comply with all Our (or in the case of a Goods Sale Contract, the relevant Seller`s) reasonable directions;

(b) each party:

(1) must comply (and must direct any of their associates to comply) with all directions from a government department, law enforcement agency (including police), and/or insurer; and

(2) may, in consultation with the other party and subject to a continuing Unforeseen Event, terminate this Agreement (or the Goods Sale Contract) on giving a reasonable notice in writing (which could be with immediate effect if it is reasonable in the circumstances) to the other party.

(1) suspend this Agreement (or the Goods Sale Contract) and the parties’ rights and obligations under it for up to 30 days to allow Us (or the relevant Seller) to assess and remedy any damage; and/or

(2) take all actions reasonably necessary to minimise the damage to the relevant Goods, Unit and/or Nominated Place caused by or incidental to the Unforeseen Event.

(d) Where Goods sold to You under a Goods Sale Contract are severely damaged or, in Our opinion (or the opinion of the relevant Seller), pose any risk to Us (or to the relevant Seller), the Seller`s facility, Nominated Place or any third party, You consent to Us (or the relevant Seller) disposing of such Goods without any liability to You upon giving You a written notice. Where practicable and safe to do so, You agree to attend the relevant Seller`s facility or Nominated Place, as applicable, at any reasonable time specified by Us (or the relevant Seller), and (if required by Us or the relevant Seller) inspect the Goods for damage and/or clear out the relevant Unit or Nominated Place, as applicable, as soon as possible and within any reasonable period specified by Us (or the relevant Seller).

16. Disputes

(a) Negotiation

(1) If there is any dispute, controversy or claim:

(A) between You and the Seller which hasn`t been resolved under clause 4(h)(1); or

(B) between You and Us, arising out of, relating to or in connection with this Agreement, the Services or the Goods Sale Contract,

(each a Dispute) then within 10 days of a party notifying the other party of the Dispute, senior representatives from each party must correspond via email and/or telephone and use all reasonable endeavours to resolve the Dispute.

(2) If the representatives are not able to resolve the Dispute within 10 business Days after they begin corresponding clause 16(a)(1) (or if they fail to meet within 20 days of a notice under clause 16(a)(1)), the parties expressly agree to refer the Dispute to mediation in accordance with clause 16(b).

(b) Mediation

If the Dispute is referred to mediation in accordance with clause 16(a)(2):

(1) the mediation will be conducted in Sydney, New South Wales and administered by the Australian Disputes Centre (ADC) according to its mediation guidelines;

(2) the parties will agree on a mediator within 5 Business Days of the referral, failing which the mediator will be selected by the ADC;

(3) the parties must conduct the mediation within 10 Business Days of the mediator being appointed; and

(4) each party will pay its own costs in relation to attendance at, and participation in, the mediation, and the parties will share the costs of the mediator equally.

A party may not commence court proceedings in relation to a Dispute until it has exhausted the procedures in this clause 16, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.

17. Termination

(a) Subject to clause 18 (Effect of termination), this Agreement may be terminated:

(1) Termination Without Cause: by either party giving at least 7 days` written notice to the other party;

(2) Termination for Cause: by either party immediately (which may be confirmed by a subsequent notice in writing):

(A) in the event of any Default under this Agreement by the other party, which Default is incapable of being remedied; or

(B) upon giving a written notice to the other party to remedy a Default (including any Fees becoming overdue) under this Agreement and the other party fails to remedy the Default within 14 days of receiving notice.

(3) Termination due to Variation: by You in accordance with sub-clause 20(c); or

(4) Termination due to Unforeseen Event: by either party in accordance with sub-clause 15(b)(2).

(b) If You purport to terminate this Agreement without giving the written notice to Us, termination will be ineffective.

18. Effect of termination

(a) Termination of this Agreement does not:

(1) affect any accrued rights or liabilities of the parties; and

(2) effect termination of any Goods Sale Contract to which You are a party, except if these Terms and Conditions are or as applicable, this Agreement is terminated under clause 15(b)(2).

(b) We will follow Our protocol and shut down the Account within 2 days of termination under clause 17.

19. Notices

(a) Notices must be:

(1) in writing and may be provided either by electronic, physical mail or physical delivery; and

(2) addressed to Us by post at I Bid On Pty Ltd as trustee for the IBOS Auction Trust ACN 620 741 657, PO Box 591, Ettalong Beach NSW 2257 or by email at [email protected] and to You using the details You provide while creating Your Account.

(b) Notices will be effective:

(1) if personally delivered before 5pm on a business day at the place of delivery, upon delivery, and otherwise on the next business day at the place of delivery;

(2) if sent by post, on the fifth business day (at the address to which it is posted) after posting; or

(3) if sent by email, unless the party sending the email knows or reasonably ought to suspect that the email and the attached communication were not delivered to the addressee`s domain specified in this Agreement or subsequently notified, upon delivery.

20. General provisions

(a) Headings: In this Agreement headings are for convenience only and do not affect interpretation.

(b) Assignment: The rights granted under this Agreement are personal to You and You may not deal (including, where You are an entity, via any change in the means by which that entity may be controlled, such that a person who did not have control of the entity at the date of this Agreement comes to control the entity) with Your rights and obligations under this Agreement without Our written consent. Any purported dealing (or change) is ineffective. You consent to Us dealing (including via a change of control) with Our rights and obligations under this Agreement without prior notice to You (as seeking such consent from multiple users of the Auction Platform would be impractical, among other things).

(c) Variation: We may vary this Agreement (including by changing or discontinuing some or all of the Services and/or any feature of the Auction Platform) whether in response to changes in applicable laws, market conditions and/or legitimate business interests. Depending on the nature of the change, We may give You notice prior to or after the variation, provided that We give you at least 28 days` prior written notice of any variation:

(1) to the Premium; or

(2) which could be reasonably be expected to materially adversely affect Your interests.

If You object to such a proposed variation, You may, terminate this Agreement by giving no less than 7 days` written notice to Us.

(d) Notice given after a variation: may be in the form of pop-ups or hyperlinks on the Auction Platform, and Your continued use of the Auction Platform after a change has been published constitutes Your acceptance of the relevant change. You consent to Us providing a notice of a variation in this manner and recognise that this flexibility is required from a practical point of view and for Our legitimate business interests. We have previously notified users via email communication.

(e) Counterparts: This Agreement may be executed using electronic signatures and exchanged or delivered electronically and such execution, exchange and delivery will be legally binding in any number of counterparts.

(f) No implied waiver: A failure and/or delay by a party to exercise a right under this Agreement or a Goods Sale Contract resulting from a breach by the other party does not amount to a waiver of that breach or of any future breach of the same kind and to be effective, a waiver must be in writing.

(g) Severance: If a provision, or part of a provision, in this Agreement or a Goods Sale Contract is held to be illegal, invalid, void, voidable, or unenforceable, then that provision, or part of a provision, must be read down to the extent necessary to ensure that it is valid and enforceable. Where it is not possible to so read down a provision, or part of a provision, then that provision, or part of a provision, is severable without affecting the validity or enforceability of the rest of this Agreement (or the Goods Sale Contract).

(h) No agency / third-party beneficiaries: We are not Your agent, trustee or other representative. Except in the case of any agency expressly provided for, this Agreement and all its representations, warranties, covenants, conditions and provision are intended to be and are for the sole and exclusive benefit of Us, the Sellers and You.

(i) Entire agreement: This Agreement records the entire agreement between the parties about its subject matter and, except for any Additional Terms and Conditions and any Goods Sale Contract, supersedes all previous communications, representations, understandings or agreements between them (whether written or verbal).

(j) Governing law and jurisdiction: The law of the state in which the premises of the relevant Seller is located applies to this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and of the Commonwealth of Australia.

(k) Survival. Clauses 1, 6(c)(6), 7(e), 7(f)(2), 13, 16, 18, 19, this clause 20 and any other provisions of this Agreement which by their nature are meant to continue to run beyond the termination or expiry of this Agreement will survive its termination or expiry.

PART B – Applicable to persons listing Auctions on the Auction Platform.

The following clauses from Part A form part of Part B of these Terms and Conditions (with necessary changes such as cross-references):

· clause 1.2 (Interpretation);

· clause 5 (Our Security policy);

· clause 7 (Content) (without the text "as agent of the relevant Seller" in clause 7(g));

· clause 8 (External Websites);

· clause 11 (Our rights to monitor, investigate, suspend and cancel (etc));

· clause 14 (Consequences of Default);

· clause 15(a)-(c) (Unforeseen Events);

· clause 16 (Disputes);

· clause 17 (Termination);

· clause 18 (Effect of termination);

· clause 19 (Notices)

· clause 20 (General provisions) (a-f), 20(g) (with the word "Sellers" substituted for "Buyers"); and 20(h)-(i).

To the extent the clauses listed above use definitions from clause 1.1 of Part A, such definitions will (except to the extent the relevant definition is set out in clause 1 of this Part B) apply to those clauses incorporated into Part B.

1. Definitions

In this Agreement:

Account means Your single account with Us in respect of this Agreement, identified by your chosen username.

Additional Terms and Conditions means any terms and conditions imposed by You with respect to an Auction process undertaken under paragraph (a) or (b) of the definition of Auction, being those uploaded by You on the page of the Auction Platform pertaining to a particular Auction, at the time You list that Auction.

Agreement means these Terms and Conditions and the Privacy Policy both of which You accept and agree to when You register an Account with Us.

Auction means an auction of goods You, or in the case of a private sale, We list on the Auction Platform, undertaken consequent upon, pursuant to or as:

(a) a default under one or more storage agreements between You and one or more storers;

(b) an Uncollected Goods Legislation; or

(c) a private sale.

The items listed for an Auction undertaken under paragraph (a) or (b) of the definition of Auction could, at Your discretion, pertain to one or more Units, provided that if items from more than one Unit are listed, this is clearly disclosed by You on the page of the Auction Platform pertaining to a particular Auction.

Auction Platform means www.iBidOnStorage.com.au or any subsequent URL used by Us from time to time to facilitate Auctions.

Business Day means a day on which banks are open for general banking business in the capital city of the state in which:

(a) Your facility is located; or

(b) the Nominated Place is located,

but does not include Saturdays, Sundays or public holidays.

Buyer or Auction Participant means the person (which may be one or more persons, as applicable, and may include a natural person, body corporate (and if so, each person acting with the actual or apparent authority in respect of that body corporate), partnership or trust) participating in an Auction.

Corporations Act means the Corporations Act 2001 (Cth).

Fees means, collectively, the fees described in clause 3.

Goods means the goods that are the subject of an Auction.

Goods Sale Contract has the meaning given to it by clause 4(c)(5)(A).

GST means any goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Holding Company has the meaning given to it in section 9 of the Corporations Act.

Indemnified Party means Us and Our directors, employees, contractors, subcontractors, agents, Holding Company, Subsidiaries and any joint ventures to which we are a party.

Intellectual Property or IPR means all intellectual property rights and related rights in Australia and throughout the world, including patents, copyright (including moral rights), rights in circuit layouts, registered designs, trademarks, domain names and the right to have confidential information kept confidential, and any application or right to apply for registration of any of those rights.

Nominated Place has the meaning given to it by clause 4(c)(5).

Opening Bid Amount has the meaning given to it by clause 4(c)(1).

Other Marks has the meaning given to it by clause 6(d)(1).

Our Trade Marks has the meaning given to it by clause 6(d)(1).

Personal Information has the meaning given to it in the Privacy Act.

Premium has the meaning given to it by clause 3(a).

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means the Privacy Act and any applicable Australian legislation or regulations regarding privacy or the handling of Personal Information in Australia.

Privacy Policy means Our privacy policy, as updated from time to time, which is available at https://www.ibidonstorage.com.au/privacy_policy/.

Registered Bank Account has the meaning given to it by clause 4(a)(2).

Reserve Price has the meaning given to it by clause 4(c)(1). No reserves

Sale Price means, in respect of an Auction, the final price bid by the winning bidder for the Goods the subject of that Auction.

Services means the content, features, and functionality provided by the Auction Platform to allow You to list an Auction and a Buyer to bid on and make purchases at an Auction, specifically, to act as an online venue for these purposes, as modified from time to time.

Subsidiary has the meaning given in section 46 of the Corporations Act.

Transaction means any purchase effected by a Buyer through the Auction Platform and includes the completion of the purchase and collection of the Goods from Your facility.

Unit means a unit at Your premises, of which some or all of the Goods are located, and "Units" has a corresponding meaning.

You or Seller means the person (which may be one or more persons, as applicable, and may include a natural person, body corporate (and if so, each person acting with the actual or apparent authority in respect of that body corporate), partnership or trust):

(a) operating a self-storage facility in Australia; or

(b) being a private seller,

who has engaged iBidon to conduct an auction of Goods. This definition includes Your authorised representatives and anyone to whom You provide access to Your user name and password for the purpose of accessing the Auction Platform.

2. Us as Your agent

You authorise us to act as your disclosed agent under these Terms and Conditions for the purpose of selling the Goods.

3. Fees

(a) At the time of payment of the Sale Price by the Buyer, You agree to pay Us 17.5% of the Sale Price (Premium). Any variation to the Premium will be based on a prior discussion with You, provided such is confirmed in writing by Us.

(b) You must pay any government taxes, charges or duties (including any GST) payable in respect of this Agreement. A valid tax invoice will be provided to You on request and/or issued periodically by Us to You, as the case may be.

4. Auction process

(a) Prerequisites to participation

(1) With respect to an auction undertaken under paragraph (a) or (b) of the definition of Auction, You may only list Auctions if you have an Account.

(2) Prior to listing an Auction, you will be required to enter so many details of a current bank account (Registered Bank Account) as are sufficient for the Sale Price less the Premium to be deposited into under clause 4(c)(5)(B).

(b) Prices

Unless otherwise specified, all Auctions are conducted in Australian dollars and all Sale Prices are inclusive of GST.

(1) At the beginning of the bidding period, You may set a minimum Sale Price for an Auction (Opening Bid Amount).

(2) If You consider it necessary for the bidding period to be extended, You will so communicate to Us through the Platform and We may extend the bidding period accordingly.

(3) The minimum bid increment applicable to an Auction is as specified on the page of the Auction Platform pertaining to a particular Auction as applying to that Auction.

(4) The winning bid in any Auction will be the highest bid that:

(A) matches or exceeds the Opening Bid Amount; and

(B) complies with any relevant Additional Terms and Conditions.

(5) You may withdraw Goods from an Auction for any reason at any time before a winner has been notified under clause 4(c)(6).

(6) After expiry of the time period specified on the page of the Auction Platform pertaining to a particular Auction as applying to that Auction, We will notify You who the winning bidder is, through email (the simultaneous email to the winning bidder will, in the case of a private sale, mention the address from where the Goods are to be picked up (Nominated Place)) and You acknowledge and agree that upon receiving such notification:

(A) You have entered into a binding contract with the relevant Buyer to release the relevant Goods for the Sale Price (Goods Sale Contract);

(B) the Sale Price less the Premium will be credited to your Registered Bank Account within 3 Business Days; and

(7) If payment of either the Sale Price or the Premium payable by the Buyer fails, we will send the Buyer an email with instructions to make payment and also notify You. If the Buyer does not make the payment within the timeframe stipulated within such an email, We must notify you of this further failure and as a result of this further failure:

(A) the relevant Goods Sale Contract is terminated and, subject to any action under clause 4(c)(7)(B) or clause 4(c)(7)(C), You may dispose the relevant Goods as if the relevant Buyer authorised such disposal;

(B) the relevant Goods may be offered to the next highest bidder at the relevant Auction; and/or

(8) Notwithstanding anything in clause 4(c)(5)(A), You may terminate a Goods Sale Contract at any time prior to the relevant Buyer paying You a cleanup deposit and removing the relevant Goods from the relevant Unit(s), including if payment in full of the Sale Price and the Buyer premium have been received. However, if You exercise this termination right, then You must pay the relevant Buyer an amount representing the reasonable out-of-pocket expenses that the relevant Buyer has incurred (and for which the relevant Buyer provides reasonable evidence) as a result of Your termination of a Goods Sale Contract.

(d) Disputes between You and a Buyer

(1) You appoint Us as Your agent to resolve any dispute between you and a Buyer pertaining to Goods purchased at an Auction (for example, regarding the quality, quantity, or availability) in accordance with clause 16 of Part A.

(2) Given that We are only a conduit to facilitate a sale between You and a Buyer, subject to clause 4(d)(1), We have no liability in the event You have a dispute with a Buyer. You release all Indemnified Parties from any claims, demands and liability in this regard.

5. Privacy

(a) You agree to be bound by Our Privacy Policy. To the extent of any inconsistency with these Terms and Conditions, the terms of the Privacy Policy will prevail.

6. Your obligations

(a) Website Terms

You agree to be bound by the Website Terms. To the extent of any inconsistency with these Terms and Conditions, these Terms and Conditions will prevail.

(b) Your Account

(2) You are also responsible for all uses of Your Account, whether or not expressly authorised by the person named as a Seller in establishing an Account. If You believe that Your account and/or password(s) has/have been misused or compromised in any manner, you must contact Us promptly.

(3) You agree that You will not maintain multiple accounts or user names with Us without Our express written consent, which may be granted by Us, in Our discretion, acting reasonably, following a request submitted by You. Any such request must include your primary username and Your reason for requesting multiple accounts.

(1) For the purposes of this clause 6(c), the term Your Information means:

(B) any information or materials You provide to other users of the Auction Platform in connection with Your access of the Auction Platform or use of any Services (such as any information pertaining to the Goods), or on any public message board or chat room area accessible through or associated with the Auction Platform;

(D) any username You utilise and any search term or other instructions that You input on the Auction Platform; and

(E) Your Information may be in the form of textual information, graphic images, photographs and/or audio-visual materials.

(2) Except as expressly provided otherwise in this Agreement, You are solely responsible for Your Information.

(3) You agree that Your Information will not:

(A) be false, inaccurate, frivolous, or misleading;

(B) infringe any third party`s Intellectual Property, other proprietary right or right of publicity or privacy;

(C) violate any applicable law (including those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(D) be defamatory, threatening, harassing, or obscene; or

(F) create any liability for Us, or cause Us to lose (in whole or in part) the services of any of Our internet service providers or other suppliers or business affiliates; or

(G) contain any links to or from other information or websites which You do not have the right to reproduce.

(4) You agree to promptly update Your Account registration information in order to keep it current, complete and accurate.

(5) You accept and agree that any of Your Information provided to a Buyer or third party will be handled in accordance with that party`s privacy policy (as applicable).

(6) to enable Us to use Your Information to create an Account or provide the Services, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exploit the copyright, trademark, brand and publicity rights (but no other rights) You have in Your Information.

(d) Intellectual Property

(1) the word or words "IBidOnStorage" and the key hole logo are trademarks owned by Us (Our Trade Marks). All other trademarks, service marks, product names and company names or logos appearing on the Auction Platform (Other Marks) are the property of their respective owners. You must not use, reproduce, modify, distribute or republish either of Our Trade Marks or an Other Mark without the prior written permission of the relevant owner; and

(2) You acknowledge and agree that You are not permitted to sell, licence or otherwise dispose of any software downloaded from the Auction Platform and that the licence granted under clause 7(e) of Part A of these Terms and Conditions may not be assigned or sublicensed and that any such assignment or sublicence is void.

(e) Information available on the Auction Platform

(f) Regarding access to the Auction Platform and use of the Services

(1) You must not engage in any fraudulent activity including by:

(A) registering to use the Services under a false name;

(B) entering unverifiable information or information that cannot be authenticated through or on the Auction Platform;

(D) using another user`s password to access their account.

(2) You will not interfere with the working of the Auction Platform by:

(B) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Auction Platform or the provision of the Services, or with any transaction being conducted on or through the Auction Platform; or

(C) taking any action that imposes an unreasonable or disproportionately large load on the Auction Platform`s server infrastructure.

7. Your warranty

You warrant and represent that You are authorised to sell the Goods.

8. Australian Consumer Law

(a) The Australian Consumer Law may apply to this Agreement and to the extent it does, it provides You with rights that are not excluded, restricted or modified by this Agreement. Any provision of this Agreement is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation, to the extent such legislation applies.

(b) Subject to clause 8(a), to the maximum extent permitted by law:

(1) We disclaim all warranties that:

(A) the Services will be uninterrupted or error free; or

(B) all bids made will be accepted or registered as part of the Auction process;

(2) neither We nor any provider of third party content (or Our respective agents) provides any warranties:

(A) about the Auction Platform or the Services (i.e. either of them will meet any requirements You may have to be uninterrupted, timely, secure or error free);

(D) that any particular computer system configuration will be compatible with the Auction Platform. It is Your sole responsibility to ensure that your computer system has the recommended hardware, operating software, and internet browser software versions to support the Auction Platform`s full functionality and capabilities; and

(3) the Indemnified Parties disclaim any liability for loss or damage caused by:

(A) Your reliance on third-party content on the Auction Platform; or

(B) Your exposure to information contained on the Auction Platform.

sLiability and risk

(c) Subject to clause 8 (Australian Consumer Law), any applicable law (including conditions, warranties or guarantees which cannot be excluded, such as the consumer guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law), and the provisions of this clause 9, You:

(1) bear the risk of injury, damage or loss caused by any defamatory, offensive or illegal conduct of other users of the Auction Platform. This is because we do not undertake any moderation or editing of content provided by other users on the Auction Platform;

(A) the amount of Premium you have paid us in the 12 months prior to the date of the event giving rise to the liability; and

(B) $2,500.

(d) Clause 9(a) does not apply to the extent any claim, loss, expense, risk, liability, damage, or injury is caused by Our (and/or, as relevant, any of Our Indemnified Party`s) negligence, wilful misconduct, fraud or criminal conduct.

(e) We must indemnify You and hold You harmless in respect of any claim, liability, loss, cost or expense (including legal fees) incurred by You, to the extent such claim, liability, loss, cost or expense directly results from Our (and/or, as relevant, any of Our Indemnified Party`s) wilful misconduct, negligent omission, fraud or criminal conduct.

(f) Neither party:

(1) is entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement; or

(2) is liable under this Agreement for any indirect, consequential, special or incidental loss or damages.

(g) Each party`s (or an Indemnified Party`s) liability for any claim, expense, risk, liability, loss, damage, or injury (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant claim, expense, risk, liability, loss, damage or injury.

(h) You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.

(i) You acknowledge and agree that We enter into these Terms and Conditions with You on Our own behalf and as agent for the Indemnified Parties, and each of them has the right to assert and enforce relevant provisions of these Terms and Conditions directly, as do We on their behalf.

9. General provisions

(a) No agency / third-party beneficiaries: Except as expressly provided, We are not Your agent, trustee or other representative. Except in the case of any agency expressly provided for, this Agreement and all its representations, warranties, covenants, conditions and provision are intended to be and are for the sole and exclusive benefit of Us, the Buyer and You.

(b) Survival: Clauses 1, 9, this clause 10, all clauses from Part A that are a part of Part B and which are listed in clause 20 of Part A, and any other provisions of this Agreement which by their nature are meant to continue to run beyond the termination or expiry of this Agreement will survive its termination or expiry.

Auction Terms and Conditions

(a) a default under one or more storage agreements between You and one or more storers;

(b) an Uncollected Goods Legislation; or

(c) a private sale.

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