TERMS OF USE AND SERVICE AGREEMENT
Governing Your Use of the Bidvers Website,
Mobile Application, and All Associated Services
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Document
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Terms of Use and Service Agreement
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Version
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2.0
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Effective Date
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As displayed on the Platform at
time of registration
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Last Updated
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June 2026
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Oman Entity
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Sireen Investment Global Co.
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European Entity
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Bee Group Technology Srl (Romania)
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Scope
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Global: Sultanate of Oman, European
Union, European Economic Area, and all territories where the Platform operates
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Platforms Covered
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www.bidvers.com (website), Bidvers mobile application (iOS and Android), and all
subdomains, APIs, and related digital services
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Legal Contact
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legal@bidvers.com
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IMPORTANT LEGAL NOTICE: BY CREATING AN
ACCOUNT, ACCESSING THE PLATFORM, PLACING A BID, OR LISTING AN AUCTION ON BIDVERS.COM OR THE BIDVERS MOBILE
APPLICATION, YOU IRREVOCABLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE
ENTIRETY OF THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE PLATFORM.
TABLE OF CONTENTS
1. Preamble and Recitals
2. Definitions and Interpretation
3. Parties, Governing Entities, and Applicable Law
4. Scope of the Platform
5. Eligibility, Account Registration, and
Verification
6.
Auction Mechanics
7. Payments, Commission, and Vendor Payouts
8. Refunds, Returns, and Cancellations
9. User Obligations and Conduct
10. Vendor Obligations, Warranties, and
Representations
11. Hotel Partner Specific Provisions
12. Prohibited Items and Activities
13. Dispute Resolution and Investigation
14. Intellectual Property Rights
15. Privacy, Data Protection, and Consent
16. Limitation of Liability and Disclaimers
17.
Indemnification
18. Account Suspension, Termination, and Remedies
19. Anti-Money Laundering and Anti-Fraud
20. Electronic Communications and Consent
21. Third-Party Services and Links
22.
Force Majeure
23. Modifications to These Terms
24.
Survival
25. General Provisions
26. Contact Information
Schedule A: Commission and Payout Summary
Schedule B: Dispute Escalation Matrix
1.
PREAMBLE AND RECITALS
1.1 This Terms of Use and Service Agreement
(the "Agreement" or "Terms") constitutes a binding legal contract between (a) you, the individual or entity
accessing or using the Platform ("you" or "your"), and (b) Bidvers, as defined below, governing your access to and
use of the Bidvers website located at www.bidvers.com, the Bidvers mobile application available
on iOS and Android, and all associated subdomains, application programming interfaces (APIs), widgets, embedded
content, and digital services (collectively, the "Platform").
1.2 WHEREAS, Bidvers operates an online
auction marketplace that enables verified Vendors to create and manage timed auctions for the sale of goods
(including, without limitation, perfumes and fragrances) and services (including, without limitation, hotel room
upgrades and hospitality amenities) to registered Users who participate as bidders;
1.3 WHEREAS, Bidvers acts solely as an
intermediary marketplace operator and is not a party to the underlying contract of sale between Users and Vendors;
1.4 WHEREAS, Bidvers collects a commission of
ten percent (10%) on each successfully completed auction as consideration for the provision of the Platform and
associated services;
1.5 WHEREAS, both Users and Vendors are
required to comply with all auction laws, consumer protection laws, payment laws, and regulations applicable in
their respective jurisdictions;
1.6 WHEREAS, the Platform is operated by two
legal entities: Sireen Investment Global Co. (governing operations in the Sultanate of Oman) and Bee Group
Technology Srl (governing operations in Europe), with jurisdiction and governing law determined by the geographic
location of the User or Vendor;
1.7 NOW THEREFORE, in consideration of the
mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
2. DEFINITIONS AND INTERPRETATION
2.1 Definitions
In this Agreement, the following terms shall
have the meanings ascribed to them below unless the context otherwise requires:
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Term
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Definition
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Agreement / Terms
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This Terms of Use and Service
Agreement, including all schedules, appendices, and documents incorporated by reference herein, as
amended from time to time.
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Auction
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A timed, competitive bidding event
created by a Vendor on the Platform for the sale of a Lot, subject to the rules and mechanics set out in
Section 6.
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Bidders / Users
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Any natural person who registers
an account on the Platform for the purpose of participating in Auctions as a buyer. The terms "User" and
"Bidder" are used interchangeably.
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Bidvers
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Collectively, Sireen Investment
Global Co. (for Oman-based operations) and Bee Group Technology Srl (for European and all other
operations), acting as the operator of the Platform.
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Business Day
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A day (other than Saturday,
Sunday, or public holiday) on which commercial banks are open for business in Muscat, Oman (for Oman
operations) or Bucharest, Romania (for European operations).
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Commission
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The fee of ten percent (10%) of
the Winning Bid amount, automatically deducted by Bidvers from the gross auction proceeds prior to
Vendor payout.
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Dispute
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A formal complaint raised by a
User or Vendor through the Platform's dispute resolution process as described in Section 13.
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Force Majeure
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Any event beyond a party's
reasonable control, including but not limited to natural disaster, war, terrorism, pandemic, epidemic,
government action, sanctions, embargo, civil unrest, infrastructure failure, or cyberattack.
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Hotel Partner
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A hotel or hospitality
establishment registered as a Vendor for the purpose of auctioning room upgrades, amenities, and
ancillary guest services.
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KYC
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Know Your Customer: the identity
verification, anti-money laundering screening, and compliance procedures required for Vendor
registration.
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Lot
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The item, product, service,
upgrade, or amenity being offered for sale through an Auction on the Platform.
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Minimum Bid / Reserve Price
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The lowest acceptable bid for a
Lot, as set by the Vendor at the time of Auction creation.
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Net Payout
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The Winning Bid amount less the
Commission and any applicable withholdings, payable to the Vendor.
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Payout Threshold
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The minimum accumulated Net Payout
balance of USD 300 (or the equivalent in EUR or OMR at the prevailing exchange rate) required before a
payout disbursement is initiated.
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Platform
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The Bidvers website at www.bidvers.com, the Bidvers mobile application (iOS and Android), all
subdomains, APIs, embedded widgets, and related digital services, collectively.
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Stripe
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Stripe, Inc. and its affiliates,
the third-party payment processing infrastructure provider used by the Platform.
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Vendor
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A registered seller on the
Platform, including perfume sellers, fragrance distributors, and Hotel Partners, authorised to create
and manage Auctions.
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Vendor Content
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All photographs, descriptions,
text, pricing, logos, and multimedia content uploaded by a Vendor to the Platform in connection with an
Auction listing.
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Winning Bid
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The highest accepted bid at the
close of an Auction, constituting a binding contract of sale.
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Winning Bidder
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The User who placed the Winning
Bid.
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2.2
Interpretation
- References to "Sections" are references to sections of this Agreement unless otherwise stated.
- Words importing the singular include the plural and vice versa. Words importing any gender include all genders.
- The words "include," "includes," and "including" shall be deemed to be followed by "without limitation" whether
or not so followed.
- Headings and table of contents entries are for convenience of reference only and shall not affect the
construction or interpretation of this Agreement.
- References to "writing" or "written" include communication by email from the contact addresses specified in
Section 26.
- Where this Agreement refers to applicable law, it means any statute, regulation, directive, by-law, ordinance,
or subordinate legislation in force from time to time in the relevant jurisdiction.
- All monetary references to "USD" mean United States Dollars, "EUR" means Euro, and "OMR" means Omani Rial.
3. PARTIES, GOVERNING ENTITIES, AND APPLICABLE LAW
3.1 Dual-Entity Operator Structure
The Platform is operated as a single, unified
digital marketplace by two distinct legal entities, each governing a defined geographic jurisdiction:
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Oman Operations
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European & Other
Operations
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Legal Entity
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Sireen Investment Global Co.
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Bee Group Technology Srl
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Registered Jurisdiction
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Sultanate of Oman
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Romania
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Governing Law
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Laws of the Sultanate of Oman
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Romanian law and applicable EU law
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Competent Courts
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Courts of the Sultanate of Oman,
Muscat
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Competent courts of Romania,
Bucharest
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Payout Currency
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Omani Rial (OMR)
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Euro (EUR)
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Data Controller
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Sireen Investment Global Co.
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Bee Group Technology Srl
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3.2 Jurisdictional Determination
3.2.1 The applicable legal entity, governing
law, dispute resolution forum, payout currency, and data protection regime shall be determined exclusively by the
country of registration and billing address provided by the User or Vendor during the account creation process.
3.2.2 Users and Vendors located in the
Sultanate of Oman are governed by Sireen Investment Global Co. and the laws of the Sultanate of Oman.
3.2.3 Users and Vendors located in any
European Union member state, any European Economic Area member state, or any other country outside the Sultanate of
Oman are governed by Bee Group Technology Srl and Romanian law together with applicable EU law.
3.2.4 Users and Vendors are solely responsible
for providing accurate and truthful geographic and billing information. The deliberate provision of false location
data to circumvent jurisdictional rules, applicable tax obligations, or regulatory requirements constitutes a
material breach of this Agreement and grounds for immediate account termination.
3.3 Unified Platform Experience
3.3.1 Notwithstanding the dual-entity
ownership structure, the Platform operates as a single, functionally unified marketplace. The user interface,
auction mechanics, and service features are identical regardless of the User's or Vendor's geographic location.
3.3.2 Jurisdictional differences apply
exclusively to: (a) governing law; (b) competent courts; (c) data protection regime; (d) payout currency; and (e)
local regulatory compliance obligations.
3.4 Consumer Rights Reservation
3.4.1 Nothing in this Agreement shall be
construed to deprive any consumer of the protection afforded by the mandatory provisions of the law of the country
in which the consumer has their habitual residence, where such provisions cannot be derogated from by agreement.
This includes, without limitation, rights under EU Directive 2011/83/EU (Consumer Rights Directive), EU Directive
2019/2161 (Omnibus Directive), applicable national implementations thereof, and the Omani Consumer Protection Law
(Royal Decree No. 66/2014) and its amendments.
4.
SCOPE OF THE PLATFORM
4.1
Platform Services
4.1.1 Bidvers provides an online marketplace
infrastructure enabling: (a) Vendors to create, manage, and conduct timed auctions for the sale of Lots; (b) Users
to browse, bid on, and purchase Lots through a competitive auction process; and (c) the facilitation of payment
processing, dispute resolution, and communication between Users and Vendors.
4.1.2 The Platform currently facilitates
auctions in the following categories, and Bidvers reserves the right to add, modify, or discontinue categories at
its sole discretion with prior notice:
- Perfumes and Fragrances: physical goods sold by licensed perfume sellers and distributors, requiring delivery to
the Winning Bidder;
- Hotel Room Upgrades and Amenities: non-physical services sold by Hotel Partners to hotel guests, including but
not limited to room category upgrades, spa packages, dining credits, late checkout, and other ancillary
hospitality services. This category does not involve the delivery of physical goods.
4.2 Role of
Bidvers
4.2.1 Bidvers acts exclusively as an
intermediary marketplace operator. Bidvers is not the seller, supplier, manufacturer, distributor, or provider of
any Lot. Bidvers is not a party to the contract of sale formed between the User and the Vendor upon the close of a
successful Auction.
4.2.2 Bidvers does not inspect, verify, test,
authenticate, take title to, or take physical or constructive possession of any Lot at any time during the auction
process.
4.2.3 Bidvers does not guarantee the accuracy,
completeness, legality, or quality of any Lot listing, Vendor Content, or Vendor representation.
4.2.4 Bidvers does not act as an agent,
broker, or fiduciary for any User or Vendor.
4.3
Platform Availability
4.3.1 Bidvers uses commercially reasonable
efforts to ensure the Platform is available and operational. However, the Platform may be temporarily unavailable
due to scheduled maintenance, system upgrades, or unforeseeable technical failures.
4.3.2 Bidvers does not guarantee
uninterrupted, error-free, or continuous access to the Platform and shall not be liable for any loss, damage, or
inconvenience arising from Platform downtime, whether planned or unplanned.
5. ELIGIBILITY, ACCOUNT REGISTRATION, AND VERIFICATION
5.1 General Eligibility Requirements
5.1.1 To register an account and use the
Platform in any capacity (as a User or a Vendor), you must satisfy all of the following conditions:
- You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is
higher;
- You have full legal capacity to enter into binding contracts under the laws of your country of residence;
- You are not subject to any legal prohibition, court order, or regulatory restriction on participating in online
auctions, electronic commerce, or the purchase or sale of the relevant category of goods or services;
- You provide accurate, current, and complete registration information, including your full legal name, country of
residence, billing address, email address, and telephone number;
- You have not been previously suspended, banned, or otherwise prohibited from using the Platform by Bidvers.
5.2 Payment Card Requirement (Users / Bidders)
5.2.1 Attachment and successful verification
of a valid payment card (credit card or debit card) is a strict, non-negotiable prerequisite for placing any bid on
the Platform. Users who do not have a verified payment card linked to their account are prohibited from
participating in any Auction.
5.2.2 The payment card must be issued in the
User's own name and must be capable of processing charges through the Stripe payment infrastructure. Prepaid cards,
virtual cards, and corporate cards may be accepted subject to Stripe's verification requirements.
5.2.3 Bidvers reserves the right to re-verify
card validity at any time and to suspend bidding privileges immediately and without notice if a card fails
verification, expires, is reported stolen, or is otherwise compromised.
5.3 Vendor Registration and KYC
5.3.1 In addition to the general eligibility
requirements in Section 5.1, Vendors must satisfy the following conditions before creating any Auction:
- Completion of Bidvers's KYC verification process, including submission of government-issued identification,
proof of business registration (for entities), and any additional documentation reasonably requested by Bidvers
or required by applicable anti-money laundering legislation;
- Provision and maintenance of a valid business bank account or Stripe Connect account in the Vendor's legal name
for the receipt of payouts;
- Possession of all licences, permits, authorisations, and registrations required under applicable law to sell the
Lots they intend to list on the Platform;
- Execution of Bidvers's Vendor Agreement (if separately required) and acceptance of the commission and payout
terms set out in Section 7.
5.4 Hotel Partner Additional Requirements
5.4.1 In addition to all Vendor requirements,
Hotel Partners must:
- Be a licensed hospitality establishment operating lawfully in their jurisdiction;
- Have the legal authority and operational capacity to offer and honour the room upgrades, amenities, and services
listed in their Auctions;
- Comply with all applicable local hospitality regulations, consumer protection laws, and tourism laws, including
(for Hotel Partners operating in Poland) the Polish Act on Tourist Services, the Polish Consumer Rights Act, and
applicable EU directives;
- Ensure that all auctioned upgrades and amenities are linked to genuine guest reservations or are clearly
described as applicable to future bookings with specified validity periods.
5.5 Account Security and Responsibility
5.5.1 You are solely responsible for
maintaining the confidentiality of your account credentials, including your password, two-factor authentication
tokens, and any associated security codes.
5.5.2 You must notify Bidvers immediately at
security@bidvers.com upon suspecting or becoming aware of any
unauthorised access to your account, any security breach, or any unauthorised use of your credentials.
5.5.3 Bidvers shall not be liable for any
loss, damage, or unauthorised activity arising from your failure to safeguard your account credentials. All actions
taken through your account are deemed to have been authorised by you unless and until you notify Bidvers of a
compromise in accordance with this Section.
5.5.4 You must not share your account
credentials with any third party, permit any third party to access or use your account, or create multiple accounts
for the same natural or legal person without Bidvers's prior written approval.
6.
AUCTION MECHANICS
6.1 Auction Creation by Vendors
6.1.1 Vendors may create Auctions on the
Platform subject to the following mandatory requirements:
- Each Lot must be described with complete, accurate, truthful, and non-misleading information, including
condition, specifications, dimensions, weight (where applicable), origin, authenticity, photographs taken of the
actual item (not stock images, unless clearly labelled as representative), and any limitations, restrictions, or
defects known to the Vendor;
- The Vendor must set a Minimum Bid (Reserve Price) for each Lot. The Minimum Bid represents the lowest amount the
Vendor is willing to accept;
- The Vendor must set an Auction duration and end time. For Hotel Partners, the Auction end time must occur before
the expected date of service delivery. Bidvers strongly recommends that Hotel Partners set Auction end times no
less than 24 hours before the guest's check-in date or the scheduled service delivery;
- The Vendor represents and warrants that they hold valid legal title to, or the contractual right and authority
to sell or provide, all Lots listed;
- The Vendor must not list any Lot that falls within the categories of prohibited items described in Section 12;
- Auctions are subject to Bidvers's review and compliance checks and will go live only upon approval by Bidvers.
Bidvers reserves the right to reject, suspend, or remove any Auction listing that does not comply with this
Agreement.
6.2 Bidding
Process
6.2.1 By placing a bid on the Platform, the
User makes a legally binding and irrevocable offer to purchase the Lot at the stated bid amount, subject only to the
User being outbid by a higher qualifying bid before the close of the Auction.
6.2.2 To place a bid, the User must have a
verified payment card on file in accordance with Section 5.2.
6.2.3 Each bid must meet or exceed the current
highest bid plus any minimum bid increment set by the Vendor, and must not fall below the Minimum Bid.
6.2.4 At the moment a User's bid is accepted
as the leading bid on the Platform, the User's verified payment card is charged immediately for the full bid amount.
This charge is authorised by the User at the time of bid placement and is irrevocable for the duration of the
Auction.
6.2.5 If a User is subsequently outbid by a
higher qualifying bid, the previously charged amount will be refunded to the User's original payment card. Refunds
are processed through Stripe and are typically completed within three (3) to five (5) Business Days, subject to
Stripe's processing timelines and the User's issuing bank.
6.2.6 Users must ensure that sufficient funds
or available credit are present on their payment card at the time of placing any bid. A bid placed without
sufficient funds constitutes a breach of this Agreement.
6.2.7 Users acknowledge that Auctions are
competitive and that placing a bid does not guarantee winning the Lot.
6.3
Winning an Auction
6.3.1 The User who holds the highest accepted
bid at the close of an Auction is the Winning Bidder. The close of the Auction constitutes formation of a binding
contract of sale between the Winning Bidder and the Vendor.
6.3.2 Upon Auction close:
- The Winning Bidder's payment card, already charged at the time of the leading bid, is confirmed as the final
purchase payment and will not be refunded except as provided in Sections 8 and 13;
- Bidvers will notify both the Winning Bidder and the Vendor through the Platform and by email;
- The Vendor is unconditionally obligated to fulfil the Lot in accordance with the Auction description, these
Terms, and applicable law.
6.4 Vendor Cancellation of Active Auctions
6.4.1 A Vendor may cancel an active Auction
before its scheduled close time under the following circumstances only:
- A material error in the Lot description, including incorrect pricing, specifications, photographs, or condition;
- Unavailability of inventory or inability to fulfil the Lot for reasons beyond the Vendor's control;
- A technical or administrative error made at the time of Auction creation.
6.4.2 Upon Vendor cancellation:
- All active bids are voided immediately;
- All amounts previously charged to Bidders' payment cards are refunded within three (3) to five (5) Business
Days;
- No Commission is charged to the Vendor for a cancelled Auction.
6.4.3 Current Platform policy does not impose
financial penalties on Vendors for Auction cancellations. However, Bidvers reserves the right, at its sole
discretion and upon reasonable prior notice, to introduce a cancellation fee or penalty framework in the future if
cancellation patterns indicate misuse, negligence, or bad faith by a Vendor.
6.4.4 Bidvers reserves the right to require a
written explanation from any Vendor who cancels more than three (3) Auctions within a rolling 30-day period, and may
impose additional verification requirements or temporary restrictions on Auction creation.
6.5 Reserve
Not Met
6.5.1 If an Auction closes without any bid
meeting or exceeding the Minimum Bid, no sale is completed, no payment is processed, and the Vendor retains the Lot
with no obligation to sell.
6.6 Proxy Bidding and Automated Bidding
6.6.1 Bidvers may, at its discretion, offer a
proxy bidding feature that allows Users to set a maximum bid amount, with the Platform automatically placing
incremental bids on the User's behalf up to that maximum. All proxy bids are subject to the same rules and card
charge mechanics described in this Section 6.
6.6.2 The use of third-party scripts, bots,
browser extensions, or automated software to place bids is strictly prohibited and constitutes grounds for immediate
account termination.
7. PAYMENTS, COMMISSION, AND VENDOR PAYOUTS
7.1 Payment Processing Infrastructure
7.1.1 All payments on the Platform are
processed by Stripe. By using the Platform, all Users and Vendors expressly agree to Stripe's Terms of Service and
Privacy Policy (available at stripe.com/legal) as they apply to transactions conducted through the Platform.
7.1.2 Bidvers does not store full card
numbers, CVV codes, or any other sensitive cardholder data. All such data is handled exclusively by Stripe's PCI-DSS
Level 1 compliant infrastructure.
7.1.3 For Oman-based transactions, Bidvers
intends to integrate a local payment processor in the future to complement Stripe. Users and Vendors will be
notified of any new payment processor integration and will be required to accept updated payment terms before using
the local processor.
7.2 Card Charge Authorisation
7.2.1 By placing a bid, the User provides
express, irrevocable authorisation for Bidvers and Stripe to charge the full bid amount to the User's verified
payment card at the moment the bid becomes the leading bid on the Platform.
7.2.2 This authorisation remains in effect for
the duration of the Auction. Users must maintain sufficient available funds or credit on their payment card
throughout the Auction period.
7.2.3 Bidvers is not responsible for any
overdraft charges, declined transaction fees, or other banking penalties incurred by the User as a result of
insufficient funds at the time of bid processing.
7.3 Commission
7.3.1 Bidvers charges a Commission of ten
percent (10%) of the Winning Bid amount on every successfully completed Auction.
7.3.2 The Commission is automatically and
immediately deducted from the gross Winning Bid amount before the Net Payout to the Vendor is calculated.
7.3.3 The Commission is earned by Bidvers upon
successful close of the Auction and is non-refundable, except in the following limited circumstances:
- A Platform error attributable solely to Bidvers's systems caused the Auction to close incorrectly;
- A Dispute is resolved by Bidvers in favour of the User and Bidvers determines, in its sole discretion, that a
full refund (including Commission) is warranted.
7.3.4 Bidvers reserves the right to modify the
Commission rate upon thirty (30) days' prior written notice to Vendors. Any modified rate will apply only to
Auctions created after the effective date of the modification.
7.4 Vendor Payout Schedule and Mechanics
7.4.1 Net Payouts to Vendors are processed on
a monthly cycle, disbursed on or before the fifteenth (15th) Business Day of the calendar month following the month
in which the relevant Auction(s) successfully closed.
7.4.2 Payouts are made in the following
currencies:
- Omani Rial (OMR) for Vendors registered in the Sultanate of Oman;
- Euro (EUR) for Vendors registered in any European country or any other country outside the Sultanate of Oman.
7.4.3 A Payout Threshold of USD 300 (three
hundred United States Dollars), or the equivalent in OMR or EUR at the prevailing exchange rate on the date of
calculation, applies to all Vendor payouts.
7.4.4 If a Vendor's accumulated Net Payout
balance does not meet the Payout Threshold at the end of a given calendar month, the balance will roll over to the
following month and continue to accumulate until the Payout Threshold is reached. There is no expiration of
rolled-over balances.
7.4.5 Currency conversion costs, where
applicable, are borne entirely by Bidvers and will not be deducted from the Vendor's Net Payout.
7.4.6 Payouts are conditional upon the Vendor
maintaining: (a) a valid, verified Stripe Connect account (or Oman local payment account, when available) in good
standing; and (b) current KYC documentation.
7.4.7 Bidvers reserves the right to withhold
any payout, in whole or in part, if:
- A Dispute relating to one or more of the Vendor's Auctions is open and unresolved;
- Bidvers suspects fraudulent activity, misrepresentation, or a material breach of this Agreement;
- A chargeback has been initiated by a Winning Bidder and is under investigation;
- A court order, regulatory directive, or law enforcement request requires a hold on funds.
7.4.8 Withheld payouts will be released within
five (5) Business Days of the resolution of the underlying hold event, provided the resolution is in the Vendor's
favour.
7.5 Taxes
7.5.1 Each User and Vendor is solely and
exclusively responsible for determining, calculating, collecting, reporting, and remitting all applicable taxes,
duties, tariffs, and levies arising from their use of the Platform, including but not limited to value-added tax
(VAT), goods and services tax (GST), income tax, corporate tax, withholding tax, customs duties, and any other taxes
imposed by any governmental authority.
7.5.2 Bidvers does not provide tax advice and
is not responsible for collecting or remitting taxes on behalf of Users or Vendors, except where Bidvers is legally
required to do so as a deemed supplier or platform operator under applicable law, including but not limited to EU
VAT rules for digital marketplace operators under Council Directive 2006/112/EC as amended.
7.5.3 Vendors acknowledge and agree that the
Commission charged by Bidvers may be subject to VAT or other transaction taxes, and that Bidvers will issue invoices
in compliance with applicable invoicing requirements.
7.6 Chargebacks
7.6.1 If a User initiates a chargeback or
payment reversal with their card issuer in respect of a successfully completed Auction without first raising a
Dispute with Bidvers under Section 13, Bidvers reserves the right to:
- Immediately suspend the User's account pending investigation;
- Recover the reversed amount plus any chargeback fees assessed by Stripe from the User;
- Permanently ban the User from the Platform if the chargeback is determined by Bidvers or Stripe to be
fraudulent, vexatious, or in bad faith.
7.6.2 Bidvers will notify the affected Vendor
of any chargeback and will cooperate with the Vendor in providing documentation to contest illegitimate chargebacks
through Stripe's dispute process.
8. REFUNDS, RETURNS, AND CANCELLATIONS
8.1 Automatic Refunds (Outbid Users)
8.1.1 Users who are outbid during an active
Auction receive an automatic refund of the previously charged bid amount. Refunds are processed through Stripe and
will be credited to the original payment card within three (3) to five (5) Business Days, subject to Stripe's
processing timelines and the User's card issuer.
8.1.2 Bidvers is not liable for delays in
refund processing caused by the User's card issuer, banking institution, or any intermediary payment network.
8.2 Refunds on Vendor Cancellation
8.2.1 If a Vendor cancels an Auction after
bids have been charged, all affected Bidders will receive a full refund of their charged amounts within three (3) to
five (5) Business Days of the cancellation.
8.3 Returns and Refunds for Physical Goods
(Including Perfumes)
8.3.1 All sales of physical goods on the
Platform are final upon Auction close, except where a valid Dispute is raised and upheld by Bidvers.
8.3.2 A Winning Bidder may raise a Dispute
with Bidvers in the following circumstances:
- The delivered item is materially different from the Lot description (including wrong item, wrong quantity, wrong
product, or counterfeit goods);
- The item arrives visibly damaged due to the Vendor's inadequate packaging or handling (not attributable to
carrier damage);
- The item is not delivered at all within the fulfilment timeframe specified in the Auction listing or, where no
timeframe is stated, within fourteen (14) calendar days of Auction close.
8.3.3 Disputes must be raised within
forty-eight (48) hours of confirmed delivery, or within fourteen (14) calendar days of expected delivery if the item
has not arrived.
8.3.4 Upon receiving a Dispute, Bidvers will
investigate. If the Dispute is upheld:
- The Winning Bidder will receive a full refund of the purchase amount;
- Return logistics and associated shipping costs are the responsibility of the Vendor;
- The corresponding payout to the Vendor (if not yet disbursed) will be cancelled. If the payout has already been
disbursed, the refund amount will be deducted from the Vendor's future payouts or recovered directly from the
Vendor.
8.3.5 If the Dispute is dismissed as
unsubstantiated, no refund will be issued and the sale stands.
8.3.6 Where an item arrives damaged due to
carrier handling (not the Vendor's packaging), Bidvers will assist in facilitating the claim but resolution is
subject to the shipping carrier's own claims policy. Bidvers bears no liability for carrier-caused damage.
8.3.7 Change-of-mind returns are not accepted
on the Platform. Once an Auction closes successfully, the Winning Bidder is contractually bound to complete the
purchase and the Vendor is contractually bound to fulfil the Lot.
8.4 Refunds for Hotel Upgrades, Amenities, and Services
8.4.1 Hotel Auctions involve the sale of
non-physical services. No physical goods are delivered.
8.4.2 If the Winning Bidder cancels their
hotel stay or does not attend (no-show), refund eligibility is determined exclusively by:
- The consumer protection and refund laws applicable in the country where the hotel is located;
- The consumer protection laws of the Winning Bidder's country of residence;
- Any mandatory statutory rights applicable to the Winning Bidder as a consumer under applicable EU or Omani
consumer protection legislation.
8.4.3 Bidvers does not impose a uniform refund
policy for hotel stay cancellations beyond the statutory rights described above. Bidvers will facilitate the refund
process in accordance with applicable law.
8.4.4 If a Hotel Partner is unable to honour a
confirmed Auction win due to overbooking, operational failure, or any other reason attributable to the Hotel
Partner, the Winning Bidder is entitled to a full refund of the Winning Bid amount. The refund will be processed by
Bidvers within five (5) Business Days and the corresponding amount will be charged back to the Hotel Partner.
8.4.5 If a Hotel Partner cancels an Auction
before close, all charged bids are refunded per Section 8.2.
9. USER OBLIGATIONS AND CONDUCT
9.1
Accurate Information
9.1.1 Users must provide and maintain
accurate, current, and complete account information at all times. Any change in billing address, country of
residence, email address, telephone number, or payment card must be updated promptly in account settings.
9.1.2 Bidvers may, at any time, request
documentation to verify the accuracy of your registration information. Failure to comply with a verification request
within ten (10) Business Days may result in account suspension.
9.2 Bid
Integrity
9.2.1 Users shall not:
- Place bids without a genuine, bona fide intent to purchase the Lot;
- Engage in bid rigging, price fixing, or any form of collusion with other Users or Vendors to manipulate Auction
outcomes;
- Use automated scripts, bots, browser extensions, web crawlers, or any non-human software to place bids, monitor
Auctions, or interact with the Platform (unless using Bidvers's own proxy bidding feature);
- Engage in shill bidding, which includes placing bids on Lots in which the User has a direct or indirect
financial, commercial, or personal interest as a Vendor, associate, employee, relative, or agent of the Vendor;
- Attempt to contact Vendors outside the Platform to negotiate off-platform transactions, circumvent the auction
process, or avoid the Commission;
- Place bids using stolen, fraudulent, or unauthorised payment cards;
- Engage in any activity designed to artificially inflate or deflate the price of a Lot.
9.3 General
Conduct
9.3.1 Users shall not:
- Use the Platform for any purpose that is unlawful, fraudulent, or in violation of any applicable law or
regulation;
- Upload, post, transmit, or distribute any content that is false, misleading, defamatory, obscene, threatening,
abusive, discriminatory, or in violation of any third-party intellectual property rights;
- Attempt to gain unauthorised access to the Platform's systems, databases, servers, or any other User's or
Vendor's account;
- Interfere with, disrupt, or impose an unreasonable burden on the Platform's infrastructure or network;
- Harass, abuse, threaten, stalk, or intimidate any Vendor, Hotel Partner, other User, or Bidvers personnel;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Circumvent, disable, or interfere with any security, authentication, or access control features of the Platform.
9.4 Dual Role: Vendor and Bidder
9.4.1 A registered Vendor may hold a separate
User account for the purpose of bidding on other Vendors' Lots, provided:
- The Vendor does not bid on any Auction for a Lot that they, their employees, agents, affiliates, or immediate
family members have listed;
- The Vendor discloses the dual-account arrangement to Bidvers upon request.
9.4.2 Bidding on one's own Lots, or the Lots
of a closely affiliated Vendor, constitutes shill bidding, which is a material breach of this Agreement and may
constitute a criminal offence in certain jurisdictions.
10. VENDOR OBLIGATIONS, WARRANTIES, AND REPRESENTATIONS
10.1 Lot Accuracy and Authenticity
10.1.1 Vendors are solely and exclusively
responsible for the accuracy, completeness, and lawfulness of all Lot listings and Vendor Content. All physical
goods (including perfumes) must be genuine, authentic, unaltered, and in the condition described.
10.1.2 Listing counterfeit, stolen,
adulterated, tampered-with, or prohibited goods on the Platform constitutes a criminal offence in the Sultanate of
Oman, the European Union, and most other jurisdictions. Bidvers will immediately terminate the Vendor's account and
refer the matter to the relevant law enforcement authorities.
10.2 Fulfilment Obligations
10.2.1 Upon a successful Auction close, the
Vendor must:
- Fulfil the Lot within the timeframe stated in the Auction listing. Where no timeframe is stated, fulfilment must
occur within seven (7) Business Days for physical goods;
- Package physical goods with appropriate, industry-standard protective packaging to prevent damage in transit;
- Provide the Winning Bidder with a valid tracking number and shipping details within twenty-four (24) hours of
dispatch;
- For Hotel Partners: honour the confirmed upgrade, amenity, or service at the relevant time of the guest's stay,
without requiring any additional payment beyond the Winning Bid amount, and without downgrading the service from
what was described in the Auction listing.
10.3 Vendor Representations and Warranties
10.3.1 By creating an Auction and listing a
Lot on the Platform, the Vendor represents, warrants, and covenants that:
- The Vendor has full, unencumbered legal title to, or the contractual right and authority to sell or provide, the
Lot;
- The Lot does not infringe any third-party intellectual property rights, including trademarks, copyrights,
patents, or trade secrets;
- All required permits, licences, customs clearances, health and safety certifications, and regulatory approvals
applicable to the manufacturing, sale, export, import, and delivery of the Lot have been obtained and are
current;
- The Lot complies with all applicable product safety, labelling, ingredient disclosure, and consumer protection
laws in both the Vendor's jurisdiction and the Winning Bidder's jurisdiction;
- All Vendor Content, including photographs, descriptions, and pricing, is accurate, truthful, and not misleading
in any material respect;
- The Vendor is in full compliance with all applicable tax obligations, including VAT registration and collection
where required;
- The Vendor is not acting on behalf of, or for the benefit of, any sanctioned person, entity, or country.
10.4 KYC and Ongoing Compliance
10.4.1 Vendors must complete KYC verification
before any Auction can be created. Vendors must maintain their KYC documentation in current and accurate condition
at all times. Failure to update KYC information within ten (10) Business Days of any material change will result in
automatic suspension of Auction creation privileges and withholding of all pending payouts until compliance is
restored.
10.5
Vendor Record Keeping
10.5.1 Vendors must maintain accurate records
of all transactions conducted through the Platform, including invoices, shipping receipts, proof of delivery, and
customer communications, for a minimum period of five (5) years or such longer period as required by applicable law.
11. HOTEL PARTNER SPECIFIC PROVISIONS
11.1 Nature of Hotel Auctions
11.1.1 Hotel Auctions involve the sale of
non-physical services, including room upgrades, amenity packages, spa credits, dining credits, late checkout, early
check-in, and other ancillary hospitality services.
11.1.2 No physical goods are delivered in
connection with Hotel Auctions. Accordingly, customs, import/export, and shipping provisions of this Agreement do
not apply to Hotel Auctions.
11.2
Auction Timing
11.2.1 Hotel Partners must set Auction end
times that allow sufficient time for the guest to be notified of the Auction outcome and for the hotel to prepare
the upgraded service. Bidvers recommends ending Hotel Auctions no less than twenty-four (24) hours before the
guest's check-in date or the scheduled service delivery date.
11.2.2 If a Hotel Auction ends after the guest
has already checked in, the Hotel Partner is still obligated to honour the Auction result, provided the upgrade or
amenity can reasonably be provided during the remaining stay.
11.3 Overbooking and Inability to Fulfil
11.3.1 If a Hotel Partner is unable to honour
a Winning Bid due to overbooking, operational constraints, renovation, force majeure at the property level, or any
other reason attributable to the Hotel Partner:
- The Winning Bidder will receive a full refund of the Winning Bid amount within five (5) Business Days;
- The Hotel Partner will bear all costs associated with the refund, including any Stripe processing fees;
- Bidvers reserves the right to flag the Hotel Partner's account for review. Repeated inability to fulfil Auction
wins may result in account suspension or termination.
11.4
Guest Verification
11.4.1 Hotel Partners are responsible for
verifying that the Winning Bidder is a legitimate guest with a confirmed reservation at the property, unless the
Auction listing explicitly states that the upgrade or amenity is available to non-guests or for future bookings.
11.5 Compliance with Local Hospitality Laws
11.5.1 Hotel Partners operating in Poland must
comply with all applicable Polish laws and regulations governing hospitality, consumer protection, and tourism,
including (without limitation) the Polish Act on Tourist Services (Ustawa o usługach turystycznych), the Polish Act
on Consumer Rights (Ustawa o prawach konsumenta), and all applicable EU directives and regulations as implemented in
Polish law.
11.5.2 Hotel Partners operating in any other
jurisdiction must comply with all equivalent local laws and regulations applicable to their operations.
12. PROHIBITED ITEMS AND ACTIVITIES
12.1
Prohibited Lots
12.1.1 The following categories of Lots are
strictly prohibited on the Platform and must not be listed, offered, or sold by any Vendor:
- Counterfeit, replica, imitation, or inauthentic goods of any kind, including perfumes;
- Stolen goods or goods obtained through fraud, theft, or coercion;
- Goods subject to international trade sanctions, embargoes, or export controls imposed by the United Nations, the
European Union, the United States, the Sultanate of Oman, or any other applicable sanctioning authority;
- Controlled substances, narcotics, psychotropic substances, or prescription medications without proper
authorisation from the relevant regulatory authority;
- Weapons, ammunition, explosives, or any component thereof;
- Hazardous materials, toxic substances, or goods requiring special handling certifications that the Vendor does
not hold;
- Goods that infringe any intellectual property right, including trademark, copyright, patent, or design right;
- Any goods or services prohibited by the laws of the Sultanate of Oman, the European Union, or the Vendor's or
Winning Bidder's jurisdiction;
- Any goods requiring a special government licence to sell where the Vendor cannot demonstrate current possession
of such licence;
- Hotel amenities, upgrades, or services that the Hotel Partner does not have the operational authority or
capacity to provide;
- Human remains, body parts, organs, or biological material;
- Any item or service that Bidvers determines, in its sole reasonable discretion, to be inappropriate, offensive,
or harmful to the reputation or integrity of the Platform.
12.2
Prohibited Activities
12.2.1 The following activities are strictly
prohibited on the Platform:
- Circumventing the Commission by arranging off-platform transactions with Users introduced through the Platform;
- Creating multiple accounts to gain an unfair advantage in bidding, to evade a suspension or ban, or to
circumvent the Payout Threshold;
- Posting false, fabricated, or incentivised reviews, or manipulating Platform rating or feedback systems;
- Reverse engineering, decompiling, disassembling, scraping, crawling, or otherwise attempting to derive the
source code, algorithms, or data structures of the Platform;
- Using the Platform to launder money, finance terrorism, evade taxes, or engage in any form of financial crime;
- Sending unsolicited commercial communications (spam) through the Platform's messaging features;
- Interfering with or disrupting the Platform's infrastructure, including through denial-of-service attacks,
injection attacks, or the introduction of malware;
- Attempting to manipulate Auction outcomes through any technical, social, or financial means;
- Any other activity that Bidvers determines, in its sole reasonable discretion, to be harmful to the Platform,
its Users, its Vendors, or its reputation.
12.2.2 Breach of any provision in this Section
12 constitutes grounds for immediate account termination without prior notice and may result in civil liability and
criminal prosecution.
13. DISPUTE RESOLUTION AND INVESTIGATION
13.1
Raising a Dispute
13.1.1 Either a User or a Vendor may raise a
formal Dispute with Bidvers by submitting a detailed written complaint to disputes@bidvers.com. The complaint must include: the Auction reference
number, a description of the issue, all supporting evidence (photographs, delivery records, correspondence), and the
outcome sought by the complainant.
13.1.2 Disputes must be raised within the
following timeframes:
- For physical goods: within forty-eight (48) hours of confirmed delivery;
- For non-delivery of physical goods: within fourteen (14) calendar days of the expected delivery date;
- For hotel upgrades and amenities: within forty-eight (48) hours of the expected service delivery date;
- For payment-related issues: within fourteen (14) calendar days of the date of the relevant transaction.
13.1.3 Disputes raised outside these
timeframes may be declined at Bidvers's discretion, except where applicable consumer protection law mandates a
longer period.
13.2
Dispute Investigation
13.2.1 Bidvers will acknowledge receipt of a
Dispute within two (2) Business Days and will commence an investigation within five (5) Business Days of receipt.
13.2.2 Both parties must cooperate fully and
in good faith with the investigation, including providing all requested evidence, documentation, photographs,
delivery records, and communications within the timeframes specified by Bidvers.
13.2.3 Failure by either party to cooperate
with a Dispute investigation may result in an adverse determination against the non-cooperating party.
13.3
Dispute Outcomes
13.3.1 Following investigation, Bidvers may,
at its sole discretion:
- Uphold the User's claim in full and issue a complete refund, with the refund amount charged back to the Vendor;
- Uphold the User's claim in part and issue a partial refund, with the corresponding amount charged back to the
Vendor;
- Dismiss the claim as unsubstantiated, in which case the sale stands and no refund is issued;
- Require the Vendor to re-fulfil the Lot at the Vendor's expense;
- Suspend or terminate the account of either party if the investigation reveals a material breach of this
Agreement;
- Escalate the matter to relevant law enforcement, regulatory authorities, or consumer protection agencies in
cases of suspected fraud, counterfeiting, or criminal conduct.
13.3.2 Bidvers's internal Dispute resolution
decisions are final and binding within the Platform. Nothing in this Section limits either party's right to pursue
independent legal remedies through the competent courts.
13.4 Governing Law and Jurisdiction
13.4.1 Disputes that cannot be resolved
through Bidvers's internal process are subject to the following:
- For Users and Vendors based in the Sultanate of Oman: the exclusive jurisdiction of the courts of the Sultanate
of Oman, located in Muscat, and Omani law shall apply;
- For Users and Vendors based in Europe or any other country outside the Sultanate of Oman: the exclusive
jurisdiction of the competent courts of Romania, located in Bucharest, and Romanian law together with applicable
EU regulations shall apply;
- For cross-border Disputes involving parties from both Oman and Europe: the parties agree to first attempt
resolution through good-faith negotiation for a period of thirty (30) calendar days. If no resolution is
reached, the matter shall be referred to the competent courts of Romania with Romanian and applicable EU law
governing the proceedings.
13.4.2 Notwithstanding the foregoing, nothing
in this Section deprives any consumer of the right to bring proceedings before the courts of the country in which
the consumer is domiciled, in accordance with applicable EU consumer protection law, the Brussels I Regulation (EU)
No 1215/2012, or equivalent Omani consumer protection provisions.
13.5 European Online Dispute Resolution (ODR)
13.5.1 For Users and Vendors in the European
Union, the European Commission provides an Online Dispute Resolution platform accessible at
https://ec.europa.eu/consumers/odr. Bidvers is not obligated to participate in alternative dispute resolution
procedures before a consumer arbitration board, but will comply with applicable EU law regarding consumer dispute
resolution.
14. INTELLECTUAL PROPERTY RIGHTS
14.1
Platform Ownership
14.1.1 All intellectual property rights in and
to the Platform, including but not limited to its design, user interface, software, source code, algorithms,
database architecture, trademarks (including the BIDVERS name and logo), trade dress, trade secrets, patents,
copyrights, and all original content created by or on behalf of Bidvers, are and shall remain the exclusive property
of Sireen Investment Global Co. and Bee Group Technology Srl or their licensors.
14.1.2 No provision of this Agreement grants
any User or Vendor any licence, right, title, or interest in or to Bidvers's intellectual property, except a
limited, non-exclusive, non-transferable, revocable right to access and use the Platform in accordance with this
Agreement for its intended purpose.
14.2 Vendor Content Licence
14.2.1 Vendors retain ownership of all Vendor
Content. By uploading Vendor Content to the Platform, the Vendor grants Bidvers a non-exclusive, royalty-free,
worldwide, sublicensable (to Bidvers's service providers only), licence to use, display, reproduce, modify, adapt,
and distribute the Vendor Content solely for the purposes of operating, promoting, and improving the Platform and
displaying the Vendor's Lot listings.
14.2.2 This licence terminates upon the
permanent deletion of the Vendor's account and all associated Lot listings, subject to a reasonable transition
period of up to ninety (90) days for the removal of cached content.
14.3 No Reverse Engineering
14.3.1 Users and Vendors must not reverse
engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or proprietary
processes of the Platform or any associated software, whether by manual or automated means.
14.4 Infringement Reporting
14.4.1 If you believe that any Lot listing or
Vendor Content infringes your intellectual property rights, please submit a detailed written notice to legal@bidvers.com, including: identification of the copyrighted work or
trademark; identification of the infringing material on the Platform; your contact information; and a statement
under penalty of perjury that you are the rights holder or authorised agent.
15. PRIVACY, DATA PROTECTION, AND CONSENT
15.1
Privacy Policy
15.1.1 The collection, processing, use,
retention, and deletion of personal data by Bidvers is governed by Bidvers's Privacy Policy, available at www.bidvers.com/privacy-policy The Privacy Policy is incorporated into this Agreement by
reference and forms an integral part of this Agreement.
15.2 European Data Protection (GDPR)
15.2.1 For Users and Vendors located in the
European Economic Area, Bee Group Technology Srl is the data controller and processes all personal data in strict
compliance with the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679.
15.2.2 European Users and Vendors have the
right to: (a) access their personal data; (b) rectify inaccurate data; (c) erase their data (right to be forgotten);
(d) restrict processing; (e) data portability; (f) object to processing; and (g) lodge a complaint with a
supervisory authority. These rights may be exercised by contacting privacy@bidvers.com.
15.3
Oman Data Protection
15.3.1 For Users and Vendors located in the
Sultanate of Oman, Sireen Investment Global Co. processes personal data in compliance with the Personal Data
Protection Law of Oman (Royal Decree No. 6/2022) and any implementing regulations.
15.4 Data Sharing with Third Parties
15.4.1 Bidvers shares necessary financial and
identity data with Stripe for payment processing, KYC verification, and fraud prevention purposes. Stripe's own
privacy policy governs Stripe's use of such data.
15.4.2 Bidvers does not sell, rent, lease, or
otherwise commercially exploit personal data to or with any third party for marketing, advertising, or profiling
purposes.
15.4.3 Bidvers may disclose personal data to
law enforcement, regulatory authorities, or courts when required to do so by applicable law, court order, or
regulatory direction.
15.5
Cookies and Tracking
15.5.1 The Platform uses cookies and similar
tracking technologies as described in the Privacy Policy and the Cookie Policy available at www.bidvers.com/cookie-policy. By using the Platform, you consent to the use of cookies in
accordance with the Cookie Policy and applicable law, including the ePrivacy Directive (Directive 2002/58/EC) as
implemented in the relevant EU member state.
16. LIMITATION OF LIABILITY AND DISCLAIMERS
16.1 Marketplace Disclaimer
16.1.1 BIDVERS OPERATES AS AN ONLINE
MARKETPLACE FACILITATING TRANSACTIONS BETWEEN USERS AND VENDORS. BIDVERS IS NOT THE SELLER, MANUFACTURER, SUPPLIER,
DISTRIBUTOR, OR PROVIDER OF ANY LOT. BIDVERS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE QUALITY, SAFETY,
LEGALITY, AUTHENTICITY, OR AVAILABILITY OF ANY LOT.
16.2 Disclaimer of Warranties
16.2.1 TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BIDVERS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
16.2.2 BIDVERS DOES NOT WARRANT THAT: (A) THE
PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USING THE PLATFORM WILL
BE ACCURATE OR RELIABLE; (C) THE PLATFORM WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; OR (D)
ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.
16.3 Limitation of Aggregate Liability
16.3.1 TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, BIDVERS'S TOTAL AGGREGATE LIABILITY TO ANY USER OR VENDOR ARISING FROM OR IN CONNECTION WITH THIS
AGREEMENT, THE PLATFORM, OR ANY TRANSACTION CONDUCTED THROUGH THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:
- The total Commission fees paid by or on behalf of the claimant to Bidvers in the six (6) months immediately
preceding the event giving rise to the claim; or
- Five hundred United States Dollars (USD 500).
16.4 Exclusion of Consequential Damages
16.4.1 IN NO EVENT SHALL BIDVERS BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS
OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, EVEN IF BIDVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.5 Consumer Rights Carve-Out
16.5.1 NOTHING IN THIS SECTION 16 SHALL LIMIT
OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE MANDATORY CONSUMER PROTECTION LAW,
INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, LIABILITY FOR FRAUD OR
FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
17.
INDEMNIFICATION
17.1 Vendor Indemnification
17.1.1 Each Vendor shall indemnify, defend,
and hold harmless Bidvers, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents,
successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages,
losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or in connection
with:
- The Vendor's breach of any provision, representation, or warranty in this Agreement;
- Any inaccuracy, misrepresentation, or omission in a Lot listing or Vendor Content;
- The Vendor's failure to fulfil a Lot in accordance with the Auction description and applicable law;
- Any claim brought by a Winning Bidder, third party, or governmental authority relating to the Lot, its sale,
delivery, quality, authenticity, safety, or regulatory compliance;
- The Vendor's violation of any applicable law, regulation, or third-party right.
17.2
User Indemnification
17.2.1 Each User shall indemnify, defend, and
hold harmless Bidvers, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents,
successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages,
losses, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with:
- The User's breach of any provision of this Agreement;
- The User's fraudulent or bad-faith use of the Platform, including fraudulent chargebacks;
- The User's violation of any applicable law, regulation, or third-party right.
18. ACCOUNT SUSPENSION, TERMINATION, AND REMEDIES
18.1 Termination by User or Vendor
18.1.1 Users and Vendors may terminate their
account at any time by submitting a written request to accounts@bidvers.com. Account termination will be processed within ten
(10) Business Days, subject to the following conditions:
- All active Auctions created by the terminating Vendor must be completed or cancelled;
- All pending Disputes in which the terminating party is involved must be resolved;
- Outstanding payouts that meet the Payout Threshold at the time of termination will be disbursed in the next
regular payout cycle;
- Outstanding payouts below the Payout Threshold at the time of termination will be paid out to the Vendor's
account within sixty (60) days of account closure, regardless of the Threshold.
18.2 Suspension and Termination by Bidvers
18.2.1 Bidvers reserves the right to suspend
or terminate any account, with or without prior notice, in the following circumstances:
- Material breach of any provision of this Agreement;
- Suspected fraudulent, illegal, or abusive activity;
- Failure to complete or maintain KYC verification;
- A pattern of chargebacks indicating abuse or bad faith;
- Listing of prohibited items or engagement in prohibited activities;
- Non-cooperation with a Dispute investigation;
- Receipt of a court order, regulatory directive, or law enforcement request;
- Extended account inactivity of twelve (12) months or more;
- Repeated Auction cancellations indicating negligence or bad faith;
- Any conduct that Bidvers reasonably determines to be harmful to the Platform, its Users, its Vendors, or its
reputation.
18.3
Effect of Termination
18.3.1 Upon termination of an account:
- The terminated party's right to access and use the Platform ceases immediately;
- All active Auctions created by a terminated Vendor are cancelled and all affected Bidders are refunded in full;
- Bidvers will retain the terminated party's data in accordance with the Privacy Policy and applicable data
retention laws;
- All accrued rights, obligations, and liabilities arising prior to termination survive and remain in full force
and effect;
- The terminated party remains liable for all outstanding obligations, including any unpaid amounts owed to
Bidvers.
18.4
Reinstatement
18.4.1 Bidvers may, at its sole discretion,
reinstate a suspended or terminated account upon the party's demonstration of compliance with the conditions that
led to suspension or termination. Reinstatement is not guaranteed and Bidvers's decision is final.
19. ANTI-MONEY LAUNDERING AND ANTI-FRAUD
19.1 Bidvers is committed to complying with
all applicable anti-money laundering (AML), counter-terrorism financing (CTF), and sanctions laws and regulations,
including but not limited to the Omani Anti-Money Laundering Law (Royal Decree No. 30/2016), EU Directive 2015/849
(Fourth Anti-Money Laundering Directive) as amended by EU Directive 2018/843 (Fifth Anti-Money Laundering
Directive), and all applicable national implementations thereof.
19.2 Bidvers may implement transaction
monitoring systems, suspicious activity reporting, and enhanced due diligence procedures. Bidvers may request
additional documentation or information from any User or Vendor where suspicious activity is detected or where
required by law.
19.3 Users and Vendors acknowledge that
Bidvers may be required to report suspicious transactions to relevant financial intelligence units, law enforcement
agencies, or regulatory authorities, and that Bidvers is prohibited by law from disclosing the existence of such
reports to the affected party.
19.4 Users and Vendors represent and warrant
that all funds used on the Platform are derived from lawful sources and that they are not acting on behalf of, or
for the benefit of, any sanctioned person, entity, or country.
20. ELECTRONIC COMMUNICATIONS AND CONSENT
20.1 By registering an account on the
Platform, you consent to receive electronic communications from Bidvers, including:
- Account registration confirmations and verification emails;
- Auction notifications, bid status updates, and payment confirmations;
- Dispute and investigation correspondence;
- Platform announcements, service updates, and Terms modification notices;
- Marketing and promotional communications (where you have opted in or where permitted by applicable law).
20.2 You agree that all notices, disclosures,
agreements, and other communications that Bidvers provides to you electronically satisfy any legal requirement that
such communications be in writing.
20.3 You may opt out of marketing
communications at any time by using the unsubscribe mechanism provided in the communication or by contacting support@bidvers.com. Opting out of marketing communications does not
affect your receipt of transactional, legal, or account-related communications.
21. THIRD-PARTY SERVICES AND LINKS
21.1 The Platform may contain links to, or
integrations with, third-party websites, services, or applications, including Stripe, shipping carriers, and hotel
booking systems.
21.2 Bidvers does not control, endorse, or
assume any responsibility for the content, privacy policies, practices, availability, or security of any third-party
service. Your use of third-party services is governed by their own terms and policies.
21.3 Bidvers shall not be liable for any loss
or damage arising from your reliance on, or interaction with, any third-party service accessed through or linked
from the Platform.
22. FORCE
MAJEURE
22.1 No party shall be liable for any delay or
failure in performing its obligations under this Agreement to the extent that such delay or failure is caused by a
Force Majeure event.
22.2 The affected party must: (a) notify the
other parties as soon as reasonably practicable of the Force Majeure event; (b) use commercially reasonable efforts
to mitigate its effects; and (c) resume performance of its obligations as soon as the Force Majeure event ceases.
22.3 If a Force Majeure event continues for a
period exceeding sixty (60) calendar days, either party may terminate the affected transactions without liability,
provided that all refunds due to Users are processed promptly.
23. MODIFICATIONS TO THESE TERMS
23.1 Bidvers reserves the right to amend,
modify, supplement, or replace these Terms at any time, in its sole discretion.
23.2 For material modifications, Bidvers will
provide at least thirty (30) calendar days' prior notice by: (a) posting the revised Terms on the Platform with a
prominent notice indicating the effective date of the changes; and (b) sending an email notification to all
registered account holders at the email address associated with their account.
23.3 For non-material modifications (such as
typographical corrections, formatting changes, or clarifications that do not substantively alter your rights or
obligations), Bidvers may update the Terms without prior notice.
23.4 Your continued use of the Platform after
the effective date of any modification constitutes your irrevocable acceptance of the revised Terms in their
entirety. If you do not accept any modification, you must immediately cease all use of the Platform and close your
account.
23.5 Bidvers will maintain an archive of prior
versions of these Terms, accessible upon request to legal@bidvers.com.
24. SURVIVAL
24.1 The following Sections shall survive the
expiration or termination of this Agreement for any reason: Section 2 (Definitions), Section 7 (Payments, to the
extent of accrued obligations), Section 8 (Refunds and Returns, to the extent of accrued obligations), Section 13
(Disputes), Section 14 (Intellectual Property), Section 15 (Privacy), Section 16 (Limitation of Liability), Section
17 (Indemnification), Section 19 (Anti-Money Laundering), Section 24 (Survival), and Section 25 (General
Provisions).
25.
GENERAL PROVISIONS
25.1
Entire Agreement
25.1.1 This Agreement, together with the
Privacy Policy, Cookie Policy, and any additional terms presented at the time of specific transactions or services,
constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all
prior and contemporaneous agreements, proposals, negotiations, representations, and understandings, whether written
or oral.
25.2
Severability
25.2.1 If any provision of this Agreement is
found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be
deemed severed from this Agreement without affecting the validity, legality, or enforceability of the remaining
provisions, which shall continue in full force and effect. The severed provision shall be replaced by a valid and
enforceable provision that most closely reflects the original intent.
25.3 No Waiver
25.3.1 The failure or delay by Bidvers in
exercising any right, power, or remedy under this Agreement shall not constitute a waiver of that right, power, or
remedy, nor shall any single or partial exercise of any right preclude any other or further exercise of that right
or any other right.
25.4 Assignment
25.4.1 Users and Vendors may not assign,
transfer, delegate, or sublicence any rights or obligations under this Agreement without the prior written consent
of Bidvers. Any attempted assignment without consent is null and void.
25.4.2 Bidvers may assign this Agreement, in
whole or in part, to any affiliate, subsidiary, or successor entity in connection with a merger, acquisition,
reorganisation, or sale of all or substantially all of its assets, provided that the assignee assumes all of
Bidvers's obligations under this Agreement.
25.5 Independent Contractors
25.5.1 Bidvers and each User and Vendor are
independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or
franchise relationship between any parties.
25.6 No Third-Party Beneficiaries
25.6.1 This Agreement is for the sole benefit
of the parties hereto and does not confer any rights or remedies upon any third party, except for the indemnified
parties described in Section 17.
25.7 Notices
25.7.1 All legal notices to Bidvers must be
sent in writing to legal@bidvers.com or to the registered address of the relevant entity.
Notices sent by email are deemed received on the next Business Day following transmission. Notices sent by
registered post are deemed received five (5) Business Days after posting.
25.8 Language
25.8.1 This Agreement is written and executed
in the English language. In the event of any conflict, discrepancy, or ambiguity between the English version and any
translation, the English version shall prevail and govern.
25.9 Headings
25.9.1 Section headings and the table of
contents are included for convenience of reference only and shall not affect the construction, interpretation, or
enforcement of any provision of this Agreement.
25.10
Counterparts
25.10.1 Acceptance of this Agreement by
electronic means (including clicking "I Agree," creating an account, or using the Platform) shall have the same
legal effect as a handwritten signature on a physical document.
26.
CONTACT INFORMATION
SCHEDULE A: COMMISSION AND PAYOUT SUMMARY
|
Parameter
|
Value
|
|
Commission Rate
|
10% of the Winning Bid amount
|
|
Commission Deduction
|
Automatic, deducted before Net
Payout
|
|
Payout Cycle
|
Monthly, on or before the 15th
Business Day of the following month
|
|
Payout Threshold
|
USD 300 (or equivalent in EUR /
OMR)
|
|
Sub-Threshold Handling
|
Balance rolls over to next month
until Threshold is met
|
|
On-Termination Payout (below
Threshold)
|
Disbursed within 60 days of
account closure
|
|
Payout Currency (Oman)
|
Omani Rial (OMR)
|
|
Payout Currency (Europe)
|
Euro (EUR)
|
|
Currency Conversion Costs
|
Borne entirely by Bidvers
|
|
Payout Withholding (Disputes)
|
Held until Dispute resolution;
released within 5 Business Days
|
|
Refund Processing Time
|
3 to 5 Business Days via Stripe
|
SCHEDULE B: DISPUTE ESCALATION MATRIX
|
Stage
|
Timeframe
|
Action
|
Owner
|
|
1. Filing
|
Within 48 hours of delivery
(goods) or service date (hotels); 14 days for payment issues
|
User or Vendor submits written
Dispute to disputes@bidvers.com with evidence
|
Claimant
|
|
2. Acknowledgement
|
Within 2 Business Days of receipt
|
Bidvers acknowledges Dispute and
assigns case reference
|
Bidvers
|
|
3. Investigation
|
Within 5 Business Days of
acknowledgement
|
Bidvers requests and reviews
evidence from both parties
|
Bidvers
|
|
4. Evidence Submission
|
Within 5 Business Days of
Bidvers's request
|
Responding party provides
requested evidence and documentation
|
Responding Party
|
|
5. Resolution
|
Within 10 Business Days of
evidence receipt
|
Bidvers issues determination
(refund, dismissal, re-fulfilment, or escalation)
|
Bidvers
|
|
6. Refund Processing
|
3 to 5 Business Days from determination
|
Refund processed via Stripe to
original payment method
|
Bidvers / Stripe
|
|
7. External Escalation
|
If internal resolution fails
|
Claimant may pursue remedies in
competent courts per Section 13.4
|
Claimant
|
BY USING BIDVERS.COM, THE BIDVERS
MOBILE APPLICATION, OR ANY ASSOCIATED SERVICES, YOU IRREVOCABLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND
AGREE TO BE LEGALLY BOUND BY THE ENTIRETY OF THIS AGREEMENT.
END OF TERMS OF USE AND SERVICE
AGREEMENT
www.bidvers.com
