Last updated 29 September 2026

Terms of use

These terms are published by Bidsmarts Limited ("we", "us") for this website and for the BIDSMARTS software. By using the website or the software, the user agrees to these terms and to the privacy policy. If the user does not agree, the user must not use the website or the software.

BIDSMARTS is supplied to the main agency (the "Agency"), which may have multiple offices (each an "Office"). Staff of the Agency act under the Agency's authority. An obligation of the Agency under these terms applies in respect of each of its Offices.

These terms bind any person who uses the website or the software, including the Agency, its Staff, a Registered Online Bidder, and a Phone Viewer. Those two expressions have the meanings given in the privacy policy.

Support and notices may be sent to [email protected]. We may amend these terms. The date at the head of the page is the date this version takes effect.

1. The website

The website is provided so that a person may inform themselves about BIDSMARTS. It is not advice, and it must not be relied upon as advice. A person must not scrape the website, place an unreasonable load upon it, copy it for the purpose of building a competing service, introduce malicious software, or attempt to obtain access without authority.

2. The software and the Agency

BIDSMARTS is provided to the Agency for the conduct of the Agency's auctions through its Offices. The Agency warrants that it has authority to offer each property for auction, and authority to determine the persons who may bid or view. We do not act as auctioneer. We do not undertake customer due diligence for the Agency. Any form the Agency requires a bidder to complete is the Agency's form, and the Agency is responsible for it.

3. Registered Online Bidders

A Registered Online Bidder registers with an Office of the Agency, and not with the public at large. The particulars given are for that Agency and that Office. A bid may be placed only where the registration has been accepted for the auction, and a bid forms part of the record of that auction. Where the Agency requires its own form, the bidder must complete it before bidding. The Office conducts the auction. We provide the software.

4. Phone Viewers

A Phone Viewer is admitted to view one auction only, by the email address and the code issued by the Office. The Phone Viewer must not disclose the code to any other person. A Phone Viewer has no right to place a bid. The code ceases to operate when the Office revokes it, or when the auction is no longer scheduled, live, or paused.

5. YouTube

BIDSMARTS uses YouTube API Services so that the Agency may broadcast auctions to a YouTube channel. By connecting a YouTube channel, or by broadcasting an auction through BIDSMARTS, the Agency agrees to be bound by the YouTube Terms of Service. The manner in which we hold the Google credential and the broadcast particulars is set out in the privacy policy.

6. Connected Services

The Agency, or an Office, may authorise a connection to another service, including a service that holds the Agency's listings. We receive the listing and related particulars that the service provides. We hold the credential for that service only while the service remains connected. Upon disconnection, we delete the credential and we cease further collection. Records already held in BIDSMARTS remain with the Agency. The terms of that other service govern the Agency's use of it.

7. Intellectual property

Content on this website is owned or licensed by Bidsmarts Limited. It may not be copied, republished, or redistributed without our prior written consent. The Agency retains the listings, auction records, and other materials it submits to the software. We retain our rights in the software.

8. Liability

To the extent the law permits, Bidsmarts Limited excludes liability for loss arising from use of this website or of the software. Nothing in these terms excludes or limits a right or remedy that cannot lawfully be excluded.

9. Governing law

These terms are governed by the laws of New Zealand. The courts of New Zealand have jurisdiction.

10. Contact

Bidsmarts Limited
[email protected]