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Term of service
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Written by Bidbus Support
Updated over a week ago

Bidbus SMS Terms of Service

Welcome to Bidbus! By subscribing to our SMS notifications, you agree to the following terms and conditions:

  1. Frequency: The number of messages you receive will depend on your interaction and engagement with Bidbus services. Typical frequency may range from daily to weekly notifications.

  2. Message & Data Rates: Message and data rates may apply to each SMS message sent or received. Contact your wireless provider for details on fees and charges.

  3. Opt-Out: To stop receiving SMS messages from Bidbus, reply with the word "STOP" to our number. We will send you a final message to confirm that you've been unsubscribed. After this, you will no longer receive SMS messages from us.

  4. Help Information: For help or information on our SMS service, reply with the word "HELP".

  5. Supported Carriers: Supported carriers may change, but currently include AT&T, Verizon, Sprint, T-Mobile, etc.

  6. Warranty: Bidbus does not guarantee the delivery or performance of any SMS messages. SMS messages are provided on an “as is” basis. We are not responsible for messages that are lost or not delivered due to issues with carriers or mobile devices.

  7. Privacy: We respect your privacy. We will not share or use your mobile number for any other purpose. Please refer to our Privacy Policy at [link to Privacy Policy] for more information.

  8. Changes & Termination: Bidbus reserves the right to modify or terminate the SMS service or your access to the service for any reason, without notice, and without liability to you.

  9. User Responsibilities: You are responsible for managing the types of SMS texts you receive and ensuring we have your up-to-date mobile number.

  10. Limitation of Liability: Under no circumstances will Bidbus or its affiliates be responsible for any SMS messaging or wireless charges incurred by users or by a person that has access to a user’s wireless device, telephone number, or both.

  11. Jurisdiction: These terms are governed by and construed in accordance with the laws of California, without giving effect to its conflict of laws rules.

By subscribing to Bidbus SMS notifications, you certify that you are over 18 years of age and (a) you expressly agree to these terms or (b) you have your parent's or guardian's permission to opt-in.

Terms of Service

This is a binding legal agreement between you, your business, and your representatives (collectively, “you,” “your) and Bidbus Inc. (“Bidbus,” “we” or “our”). These terms of service (“Terms”) cover your use and access to the services available from Bidbus through which you may sell and purchase vehicles and any services provided related thereto (the “Services”). These Terms and any amendments to them will be effective as of the date specified herein or in the amended Terms. By using or accessing the Services, you agree to be bound by the current Terms,1. Eligible Bidbus provides a consumer-to-business online marketplace. By using the Services you represent and warrant that you are a licensed dealer of motor vehicles and are legally eligible to purchase or sell wholesale vehicles for resale. A state-issued dealer’s license, applicable resale certificate(s), and federal tax identification are among the documents and information a dealership will need to provide to utilize the Services.

  1. Registration. To be eligible to access the Services, you must complete Bidbus’ online registration process. Upon receipt and approval of your registration documents, you and your designated authorized representatives (“Authorized Representatives”) will be issued unique names and passwords to access the Services. You are liable and responsible for all actions, missions and any failure to act of your Authorized Representatives in connection with your Authorized Representatives’ use of the Services. You represent and warrant that all information that you provide to Bidbus is accurate and complete and that you will notify us in writing of any changes to the information provided. You hereby authorize Bidbus to share the information you provide to us (including, without limitation, financial information) with Bidbus partners solely to the extent such information is needed to provide the Services. You agree not to give anyone access to the Services other than your Authorized Representatives. Further, you represent and warrant to Bidbus that: (a) you and your Authorized Representatives are in compliance with and shall comply with all laws and regulations that apply to your business; and (b) you and your Authorized Representatives have secured and will maintain all permits, licenses and governmental approvals required to operate your business including, without limitation, as required to access and participate in the Services. We reserve the right to temporarily or permanently suspend your access rights and/or the access rights of any of your Authorized Representatives at any time in our sole and absolute discretion.

  2. Permitted Use. You agree that you will use the Services solely for your internal business purposes and will not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than to your Authorized Representatives or as otherwise contemplated by these Terms; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, 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 Services or the data contained therein; or (vi) attempt to gain unauthorized access to the Services or its related systems or networks. You further agree that you will not (i) modify, copy or create derivative works based on the Services; (ii) frame or mirror any content forming part of the Services; (iii) reverse engineer or decompile the Services; (iv) access the Services in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services; or (v) permit or authorize any third party to do any of the above at your direction or on your behalf.

  3. Bidbus’ Role. Bidbus provides services to facilitate the exchange of vehicles between you, Buyers, and Sellers. Bidbus does not take title to the vehicles listed for sale via the Services. Bidbus is neither the Buyer nor the Seller of the vehicles listed for sale. As a commercial party, you should research the condition and value of the vehicle and the terms of sale before bidding. Bidbus 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 Bidbus.

  4. Your Obligations as Buyer. You represent, warrant, and agree to the following terms:5.1. That you are a licensed motor vehicle dealer in good standing;

5.2. You will purchase the vehicle for your bid price which can be accepted by the Seller until 2:00 PM Pacific time of the day after the auction is launched;

5.3. You will not resell the vehicle until good funds have been transmitted to Bidbus or Seller;

5.4. You will pick up the vehicle within four business days unless you are located in California and picking up a vehicle in California, in which case, you will pick up the vehicle within three business days;

5.5. You will select a payment option by 11:59 pm same day the bid is accepted by the Seller or this sale may be considered null and void at Bidbus’ discretion; in such event, Buyer may be subject to a financial penalty and/or suspension of Buyer’s account access;

5.6. That no stop payment of your payment to Bidbus or Seller shall be honored;

5.7. That any stop payment order shall be deemed by the parties to be evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as an intent to defraud in order to consummate the transaction;

5.8. That you will abide by the timeframes for delivery of title set forth in Bidbus’ titles policy;

5.9. That Bidbus may deposit any payment immediately, regardless of whether the vehicle’s certificate of title has been submitted by Seller;

5.10. That you are responsible for pickup and transport, or may elect to utilize Bidbus Transportation services;

5.11. That you are solvent;

5.12. That the vehicle is purchased solely for resale;

5.13. That the vehicle is purchased for resale in the form of tangible personal property in the regular course of business and is the sort usually purchased by you for resale;

5.14. That if you are planning to export a vehicle, you are responsible for ensuring satisfaction of all export requirements and all import requirements of the destination country;

5.15. That in the event that the vehicle is used for any purpose other than for resale, you will pay directly to the proper taxing authorities such sale or use tax as may then be accrued and become payable;5.16. That you hold a retail sales tax registration, certificate, license, or other permit, issued by the sales taxing authority of Seller’s state, county, and country as appropriate;

5.17. Title to the vehicle will not pass to Buyer until complete payment has been received by Bidbus or Seller and the title has been received from the Seller;

5.18. Bidbus reserves the right to limit the number of vehicles purchased by a Buyer at any time;

5.19. Failure to remit payment within two business days will result in a fee equal to the total buy fee;

5.20. You are subject to account suspension at the discretion of Bidbus;

5.21. You will not attempt to manipulate bids, intentionally bid up the price of any vehicle, or otherwise fraudulently bid on any vehicle; and

5.22. You shall abide by and comply with all applicable laws, rules, and regulations, including but not limited to all rules and regulations set forth by the applicable department of motor vehicles.

  1. Payment Terms. In consideration of access to the Services, you agree to pay Bidbus or partners (as applicable) all fees and charges assessed by Bidbus and/or the Bidbus partners for access to the Services (collectively, the “Fees”). Fees are subject to change without notice. Please request a current list of Bidbus’ Fees from your assigned account manager The purchase price of the vehicle, service charges, plus all applicable taxes and fees payable by you in connection with a transaction is the “Total Payment Amount.” All Fees are non-refundable. You shall pay Bidbus’ Fee within two (2) business days after your bid is accepted as the winning bid (the “Payment Due Date”). Payment shall be made in U.S. dollars by, ACH electronic funds transfer, check, cashier check, floor plan, or by another financing arrangement acceptable to Bidbus (each a “Payment Method”). If payment is not received by the Payment Due Date or the buyer cancels the transaction for no reason, a $1000 fee will be automatically debited using the default payment method selected by you. Bidbus reserves the right to specify the type of Payment Method it will accept from you in our sole and absolute discretion. In addition to whatever rights of set-off Bidbus may have in any jurisdiction where vehicles are sold, if you fail to pay fees or other amounts owing when due to Bidbus or any Bidbus partner, Bidbus will be entitled to immediately set off the amount owed by you from any funds due from Bidbus to you. In addition, if you fail to pay the purchase price to seller or your fee to Bidbus by the Payment Due Date, we may: (a) electronically debit your bank account or floor plan account in accordance with the default payment method selected by you or another account made available to Bidbus; (b) withhold title documents until all amounts owed have been paid; (c) cancel the sale transaction; (d) charge interest on any past due amounts at the rate of one and one half (1.5%) percent per month, calculated in U.S. dollars, or the maximum rate allowed by law, whichever is less; and/or (e) Pursue any other remedy or relief permitted by law. If Bidbus accepts payment from you by electronic check, you authorize Bidbus to initiate debit entries to its account at the financial institution on which the electronic check was written. The electronic check debit authorization will remain in force until we have received written notice from you of its termination. Bidbus reserves the right to decline payment by electronic check at any time and for any reason. Any payment that is withdrawn by you or its bank, rejected, or returned for 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.7. Costs and Attorney Fees. You agree to pay all costs including, without limitation, attorney fees, court costs, and other expenses reasonably incurred by Bidbus or a Bidbus partner, to collect any monies owing by you8. Data. Bidbus has the right to use certain Customer-generated information, content, photographs and vehicle data for the limited use of promoting and carrying out the Services requested by such Customers. Customers and their representative dealerships grant Bidbus a limited license to utilize non-confidential information for the general purpose of promoting and providing Services to our Customers, and this license extends to trusted third parties with whom we work. Customers agree that this permission is royalty-free, irrevocable and worldwide for so long as Customer Information is held by Bidbus. All data collected by Bidbus related to vehicles, and all transaction data related to the Services shall be owned by Bidbus without restrictions on its use of such data.

  2. Bidbus Intellectual Property. Bidbus reserves all rights, title, and interest in and to the Services, the Bidbus trademarks, logos and other brand features. These Terms do not grant Customers any rights in the Services except as expressly set forth herein. Bidbus’ trademarks may not be used in connection with any product, service, or marketing without the prior written consent of Bidbus. Bidbus welcomes feedback but reserves the right to use comments or suggestions without any obligation to the Customer.

10 . Availability, Errors and Inaccuracies. Bidbus is constantly updating the Services and may experience delays in updating information on the Services. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services, and we cannot guarantee the accuracy or completeness of any information found on the Services. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

  1. Links to Other Web Sites. The Services may contain links to third-party websites or services that are not owned or controlled by Bidbus. Bidbus has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Bidbus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

  2. Termination. You are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your access to and use of the Services if you are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Bidbus reserves the right to terminate and delete your account.


  4. Indemnity. You agree at your own expense to defend, indemnify, and hold Bidbus and its affiliates, and each of their directors, officers, employees and agents, harmless from and against any loss, damage, liability, demand, lawsuit, debt, charge, action, penalty, interest, claim, cost, tax or expense whatsoever, including without limitation any and all out-of-pocket costs and actual legal and accounting fees, duties and bonds, which Bidbus may incur, suffer or be required to pay as a result of or relating to, arising out of, or in connection with (a) your use of the Services; (b) your violation of the Terms; (c) your violation of any third party right, including, but not limited to, any intellectual property right, right of attribution, association, integrity, publicity, confidentiality, property or privacy right; (d) any claim in connection with a vehicle; or (d) any claim that your information, or your use the property of others, may have caused or did cause damage to a third party, including, but not limited to, claims that your information, or your use of the property of others, infringe the rights of others or caused damages to others. You also agree to indemnify Bidbus for reasonable legal and accounting fees, costs, and expenses incurred in enforcing the rights of Bidbus against you under these Terms.

  5. Representations Regarding Taxes. Buyer certifies that it holds the appropriate documentation issued by the sales tax authority of the state, province, or locality of its business or where it purchases vehicles, as applicable, which exempts Buyer from the payment of sales tax, and warrants that it will provide a copy of such applicable documentation to Bidbus upon registration, at any time upon request, and as necessary to maintain the validity of such documentation. In the event that vehicles or other products purchased are used for any purpose other than for resale, Buyer will pay directly to the proper taxing authorities such sale or use tax as may then accrue and be due and payable.

  6. Dispute Resolution. Any controversy or claim between you and Bidbus arising out of or relating to these Terms or the validity, inducement, or breach hereof (each such controversy or claim is hereinafter referred to as a "Dispute"), shall be settled as follows: First, the parties involved in the Dispute shall attempt to resolve any Dispute prior to commencing the procedures set forth below. I

16.1. If, after seven days, the parties are unable to resolve the Dispute, the parties shall submit to non-binding mediation which shall take place in Los Angeles, California before a mediator that is mutually acceptable to the parties. If the parties are unable to agree on the selection of a mediator, a mediator will be chosen by an arbitrator selected pursuant to the rules of the American Arbitration Association ("AAA") who will then select such mediator from a list of distinguished neutral mediators maintained by the AAA. The mediator shall confer with the parties to design procedures to conclude the mediation within no more than 30 days after initiation. Each party has the right to pursue any provisional relief from the appropriate court, such as attachment, preliminary injunction, specific performance (the parties acknowledging that monetary damages may not be sufficient remedy), replevin, etc. to avoid irreparable harm, maintain the status quo, or preserve the subject matter of the Dispute even though mediation has not been commenced or completed.

16.2 You may only resolve disputes with Bidbus on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed, and you expressly disclaim any right to bring or participate in any such action. If the parties are unable to resolve the Dispute within the 45 day period referred to above, or in the event that the agreement to arbitrate is found not to apply to Bidbus or your claim, you and Bidbus agree that any judicial proceeding will be brought in the federal or state courts of Los Angeles, California. Both you and Bidbus consent to venue and personal jurisdiction there.

  1. Controlling Law. The Services provided hereunder are performed in the State of California and these Terms will be governed by California law except for its conflicts of laws principles. You represent that you have sufficient authority and all right and full power to agree to these Terms and to perform your respective obligations under these Terms on behalf of yourself or on behalf of the organization for whom you are acting, as the case may be.

  2. Entire Agreement. These Terms constitute the entire agreement between you and Bidbus with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.

  3. Waiver, Severability & Assignment. Bidbus’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms without Bidbus’ prior written consent, and any such attempt will be void. Bidbus may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

  4. Modification of Terms. We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time with respect to all sales occurring after such modifications are effective. Modifications will take effect immediately upon posting of the revised Terms, provided however if a change is material we will provide at least 30 days notice prior to such modifications taking effect. What constitutes a material modification will be determined at our sole discretion. By continuing to access or use our Service after any modifications become effective, you agree to be bound by the revised terms.

  5. Contact Us, Notices. Notices must be sent via first-class mail or overnight courier and are deemed given when received. Notices to the Customer may also be sent to the applicable account electronically by email and are deemed given when sent. Notices to Bidbus must be sent to:

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