Terms and Conditions

Updated March 23, 2023 Autobid60 Terms and Conditions Page 1 of 7 eligible to purchase or sell Vehicles at wholesale auto auctions. You agree that these Terms and Conditions shall apply

to all transactions conducted by you and your Authorized Users on the Autobid60 Network. Autobid60 reserves the right to refuse access to the Autobid60 Network or any service or feature provided by

Autobid60 to anyone who breaches these Terms and Conditions or otherwise interferes with or violates Autobid60s rights or the rights of others.

To access the Autobid60 network, you must complete Autobid60 online registration via the App. You and or your Authorized User will choose your own usernames and password to access the Autobid60 network.

You are liable and responsible for all actions, omissions and any failure to act of your Authorized User.

You represent and warrant that all information that you provide to Autobid60 is accurate and complete and that you will notify us in writing of any changes to the information previously provided. You hereby

authorize Autobid60 to share the information you provide to us (including, without limitation, financial information) with Autobid60 Partners.

You agree not to give anyone access to the Autobid60 Network other than you or your Authorized User.

You agree that all information and records, whether oral, written, visual, electronic, digital or tangible transmitted, uploaded, received or stored on the Autobid60 Network, including vehicle

condition reports, photographic images and videos (collectively “Data”) is the property of Autobid60 and/or Autobid60 Partners.

You represent and warrant that you own all right, title and interest in Data which you upload to the Autobid60 Network and you assign to Autobid60 all such right, title and interest including, without limitation, all related copyright, moral right and other intellectual property rights. You agree that such intellectual property rights include our right to receive, use, disseminate, control access to, aggregate, modify, package, derive benefit from, remove, destroy or sell Data in whole or in part. Notwithstanding

the foregoing, Data that contains personally identifiable information will only be used and disclosed in accordance with Autobid60 Privacy Policy.

You acknowledge and agree that Autobid60, related services, Data and Web Information (as defined below), including all copyright and rights to patent, industrial design and trade mark protection, trade secrets and all other intellectual property rights (collectively, the “Autobid60IP”) are owned by Autobid60 or its licensors and are protected by Canadian and international intellectual property laws and treaties. Subject to the limited rights of access expressly granted hereunder, Autobid60 reserves all rights, title and interest in and to the Autobid60IP. No rights are granted to you

other than the limited rights expressly set forth in these Terms and Conditions. You acknowledge and agree that you do not own, and shall not acquire, any right, title or interest in the Autobid60 IP and that, if necessary, you agree to perform any acts that may be reasonably necessary to transfer or confirm

ownership of any right, title,and interest in or to the Autobid60 IP.

Permitted Use. You agree that you will use the Autobid60 Network solely for your personal purposes and will not:
(i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Autobid60 Network available to any third party, other than to your Authorized User or as otherwise expressly permitted by these Terms and Conditions;
(ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(iii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material that violates third party privacy rights;
(iv) send or store malicious code or viruses;
(v) interfere with or disrupt the integrity or performance of the Autobid60 Network or the Data contained therein; or
(vi) attempt to gain unauthorized access to the Autobid60 Network or its related systems or networks. You further agree that you will not
(i) modify, copy or create derivative works based on the Autobid60 Network ;
(ii) frame or mirror any content forming part of the Autobid60 Network;
(iii) reverse engineer or decompile the Autobid60 Network ;
(iv) access the Autobid60 Network in order to
(A) build a competitive product or service, or
(B) copy any ideas, features, functions or graphics of the Autobid60 Network ; or
(v) permit or authorize any third party to do any of the foregoing. You agree that all Data transmitted by you through the Autobid60 Network will be free from malicious software, including viruses, worms, Trojans, software that bypasses normal authentication mechanisms or exploits or attacks software security or any software or data designed to disable, modify or damage the Autobid60 Network. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Autobid60 Network. You will not take any action that imposes an unreasonably or disproportionately large load on Autobid60i information technology infrastructure.

Sharing of Username/Password. Sharing or lending of usernames or passwords is strictly prohibited. You are solely responsible for maintaining the confidentiality and security of the usernames and passwords you create for yourself and or your Authorized Users . You will be liable and responsible for all actions, omissions, failures to act, and transactions conducted with the username and password

created by you or any of your Authorized Users. You will immediately notify us in writing of any unauthorized use of a username and password.

You represent and warrant to Autobid60 that: (a) you are the Authorized user or Representative of your account, and are in compliance with and shall comply with all laws and regulations that apply to your business; and or your Authorized Representatives while using the

Autobid60 network.

We reserve the right to temporarily or permanently suspend your access /rights and or the access of rights of any of your Authorized Users at any time. Breach of these Terms and Conditions may result in the permanent or temporary suspension of your right to access the Autobid60 Network.

Autobid60’s Autobid60 is a provider of online auction services and vehicle history services in the form of Carfax. We do not own or take title to the Vehicles listed for sale via the Autobid60 Network. Autobid60 is neither the Buyer nor the Seller of the Vehicles listed for sale. Rather, Autobid60 provides software services to facilitate the exchange of Vehicles between Buyers and Sellers. Autobid60 does not

guarantee payment to the Seller provided that the Seller has complied with its obligations under these Terms and Conditions.

Autobid60 does not guarantee the accuracy of information regarding Vehicles listed for sale via the Autobid60 Network.

Autobid60 is not a party to the Vehicle sale contract, but is a third‐party beneficiary of the contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach. You agree that

any legal claims arising out of a transaction will be between you and the other party (either Buyer or Seller) in the transaction and not against Autobid60 or any Autobid60 Partner.

In consideration of access and usage to the Autobid60 Network, you agree to pay Autobid60 and Autobid60 Partners (as applicable) all fees and charges assessed by Autobid60 and/or the Autobid60 Partners for access to the Autobid60 Network.

Payment Each Party to an auction shall pay Autobid60 or Autobid60 Partner (if applicable) the Total Payment Amount of $75 each per party (buyer and seller ) within 30 minutes of a completed auction where the listed vehicle has sold.

Non‐suﬃcient funds (“NSF”) must be settled and replaced immediately. NSF transactions will be subject to a service charge up to the maximum amount allowed by law and shall be immediately due and payable. You agree to pay all costs including, without limitation, legal fees and disbursements, court

costs and other expenses reasonably incurred by Autobid60 or a Autobid60 Partner to collect any monies owing by you.

Bidding Process. Please see our online user guides and best practice guides posted in the FAQ area of the Autobid60 App or website. If you do not understand the bidding process, please ask one of our customer service representatives to assist

11.. Know Your Purchase. All Vehicles listed for sale on the Autobid60 Network are used vehicles. Most used vehicles have defects, flaws and/or wear and tear. Please allow for this in your bidding. Buyers

should review all Vehicle information made available to them before bidding including appraisals, photographs, videos, Seller’s notes, and Vehicle History

Buyer Vehicle Inspection If a buyer should inspect the Vehicle at the time it is picked up from the Seller’s location, any concerns must be noted between the seller and the buyer. In addition, Buyer is required to communicate any concerns to Autobid60 within the reasonable period of time to allow our agents to assess each case individually and fairly.

Autobid60 Field Services. Customers may request that an Autobid60 representative visually inspect a Vehicle, complete the listing, including input of a Floor Price, and, in certain cases, launch the Vehicle into the Autobid60 Network on the Customer’s This will be at additional expense to the seller

based on the amount of time the listing agent needs to invest on the listing. Customers must make all

disclosures required under these Terms and Conditions and verify Vehicle listings by correcting any errors or omissions regarding disclosed conditions. Customers are responsible for the accuracy and completeness of all information about Vehicles entered in the Autobid60 Network.

Post‐Sale All Buyers are strongly encouraged to arrange for a post‐sale inspection of all Vehicle purchases.

Vehicle History Reports. Vehicle history reports from an accepted industry source regarding the history and condition of a vehicle (“Vehicle History Reports”) are available at the seller or buyers expense on all Vehicles listed for sale on the Autobid60 Network. Autobid60 is not responsible for the accuracy of Vehicle History Reports. Vehicle History Reports must meet the following minimum standards:
Insured claims history of Accident Repair from each province where Vehicle has been registered

including claim amount;

Ownership and registration history including title branding and odometer history (all provinces and S.);
Vehicle import records (if applicable);
Canadian Police Information Centre (CPIC) data;
Disclosure data from the Vehicle History Report must be made available to bidders prior to sale;
Vehicle History Report must be available in both English and French for Vehicles oﬀered for sale to Quebec

bidders; and

Vehicle History Report must be made available to Buyer for a reasonable period of time after the Vehicle is marked Won in the Autobid60 Network (hard copy or downloadable print format).

Seller Responsibilities. A Seller will build confidence in its product and credibility with Buyers by disclosing all material facts about the history and condition of their Vehicle oﬀered for It is the

Seller’s obligation to fairly represent its Vehicle and to correct any errors made regarding disclosed conditions.

Seller is responsible for the accuracy and completeness of all disclosures regardless of whether the Seller has relied on third party resources (e.g. inspection company, vehicle listing service, electronic data vehicle history report, VIN decoder, etc.).

Online Photographs and Video. Photographs and video must accurately and fairly represent the condition of the Vehicle. Photographs of damage or other conditions that could materially aﬀect the value of a Vehicle should be

A Seller who lists a Vehicle for sale on the Autobid60 Network is required to disclose all known problems or issues with the vehicle they are listing.

If the dollar value of the Accident Repair is known, it must be disclosed. If the dollar value of the Accident Repair is not known but estimate data is available, the estimate data should be disclosed.

Although not required, if the Seller chooses to disclose an accident repair under $3,000 ($2,000 cumulative in B.C.), it may do so separately as an additional disclosure.

Arbitration is not allowed for Accident Repairs under $3,000 ($2,000 cumulative in B.C. only). Adjacent Panels Replaced

To make the Accident Repair Disclosure.

Air Bags Missing/Defective

The Seller must disclose if the Vehicle’s airbags are missing or not operational. If the airbag warning light is “on”, it must be disclosed.

Regular or Alternate Fuel Conversion must be disclosed,The Seller must disclose if the Vehicle uses propane or natural gas, or at any time had a propane or natural gas fuel system.

Regular or Excessive Rust must be disclosed by the Seller if the Vehicle suﬀers from excessive rust. Rust is considered to be excessive when the location or quantity of the rust aﬀects the structural integrity of the Vehicle, e.g. the frame or any structural component is perforated by rust.

Fire Damage must be disclosed by the Seller if the Vehicle has been damaged by fire. Flood Damage The Seller must declare a Vehicle as Flood Damaged when:

water or other liquid has penetrated the Vehicle to the level of the floor

boards or higher; or

if any of the following components have been damaged due to immersion:

Ø Front or rear lighting or wiring harnesses

Ø Engine and its major components

Ø Transmission and diﬀerential

Ø Dash instrument panel and wiring

Ø Passenger seat cushions

Ø Power seat or window motor

Ø Major sound system components

The Seller must declare if the Vehicle was ever registered in a country other than the United States or Canada in the past 36 months or manufactured not in compliance with North American standards. All Grey market Vehicles oﬀered for sale must include a Vehicle History Report, or equivalent.

Regular 1 BC mandates a Seller to disclose if a vehicle was brought to BC for the purposes of resale. If known, this disclosure should also be made. Otherwise, Buyer should review the registration history to determine whether this disclosure is applicable. No arbitration is available regarding this disclosure.

Irreparable Vehicles Regardless of whether the title has been branded, the Seller must disclose if

the Vehicle is not capable of being repaired for roadworthy operation and may only be used for parts or scrap. Irreparable Vehicles are assumed to also be Total Loss Vehicles and thus the Total Loss declaration does not need to be made.

Regular Disclosures include:

Odo in Miles The Seller must disclose if the odometer is in miles.

Odo Replaced The Seller must disclose if the odometer has been replaced.

Odo Unreadable The Seller must declare the odometer to be unreadable if it is accurately tracking distance driven but cannot be read due to pixel damage, because

the Vehicle cannot be started to obtain an odometer reading, or similar reasons.

Out of Province

If the province of the last registration (or equivalent) to a retail customer is diﬀerent than the jurisdiction from which the Vehicle is currently being sold, the Vehicle must be declared an out of province Vehicle and the Seller must identify the last province in which the Vehicle was registered (or equivalent)

to a retail customer.

For Vehicles sold in Ontario only:

A Vehicle remains an out of province Vehicle and must be so declared, if it was previously registered to a retail customer in another province and has been registered in Ontario for less than 7 consecutive years. The Seller must declare all of the provinces in which the Vehicle was previously registered.

Previous Daily Rental

The Seller must disclose if the Vehicle was previously used as a daily rental vehicle at any time in the previous 24 months.

Previous Driving School Vehicle

The Seller must disclose if the Vehicle was previously used as a driving school vehicle.

Previous Emergency Services Vehicle

The Seller must disclose if the Vehicle was previously used as an emergency services vehicle.

Previous Police vehicle

The Seller must disclose if the Vehicle was previously used as a police cruiser. Regular

Previous Racing Vehicle

The Seller must disclose if the Vehicle was previously used in organized racing.

Previous Taxi/Limo The Seller must disclose if the Vehicle was previously used as a taxi or limousine.

Stolen and Recovered

The Seller must disclose if the Vehicle was recovered after being reported stolen.

Structural Alteration

The Seller must disclose if there has been an alteration to the Vehicle’s structure such as lengthened or shortened frame, modified suspension, snow plow, hitch or fifth wheel.

Structural damage The Seller must declare a Vehicle to have structural damage if there has been damage to the structure or a specific structural component of the Vehicle

The Seller must disclose if the Vehicle’s title has been branded in accordance

with provincial or state law and must indicate the brand(s) assigned for example a rebuild title.

Total Loss The Seller must disclose if an insurer determined the Vehicle was a total loss.

A Vehicle is deemed to be a total loss if the Vehicle was ever transferred into the name of an insurer.

U.S. Vehicle3 The Seller must disclose if the Vehicle was ever registered in the United

States or manufactured not in compliance with Canadian standards. All U.S. Vehicles oﬀered for sale must include a Vehicle History Report, or

equivalent. Regular VIN Plate issues The Seller must disclose if the original VIN plate (on the driver’s side of the dashboard) has been removed, altered or replaced. Vehicles may not be Regular 3 BC mandates a seller to disclose if a vehicle was brought to BC for the purposes of resale. If known, this

disclosure should also be made. Otherwise, Buyer should review the registration history to determine whether this disclosure is applicable. No arbitration is available regarding this disclosure.

The Seller must disclose the year, make, model and series (i.e. trim level) of the Vehicle as indicated by means of VIN decoding.

Status of the ownership registration, and the title to a purchased Vehicle does not pass to the Buyer until payment in full has been made and the funds have actually been received by the Seller. The Seller

reserves ownership of the Vehicle, and title to and ownership of the Vehicle will not transfer to Buyer until the sale price for the Vehicle has been paid in full to the seller.