BIG CIRCLE AUCTIONS LLC
TERMS AND CONDITIONS AGREEMENT (BIDDER)

TERMS AND CONDITIONS

BIG CIRCLE AUCTIONS LLC
Effective Date: July 10, 2025

These Terms and Conditions (“Terms”) set out the basis upon which users may access and engage with the auction platform operated by Big Circle Auctions LLC (“BCA”, “we”, “us”, or “our”). BCA is a limited liability company organized in the State of Michigan with its registered office at 414 S Main Street #201, Rochester, MI 48307.

These Terms govern all interactions between BCA and any person or legal entity (“you”, “user”, “bidder”, or “participant”) who accesses, uses, or transacts via the BCA platform, including the purchase of access services or submission of bids during any auction process.

By registering an account, paying a service fee, or using the BCA platform in any capacity, you accept and agree to be legally bound by these Terms in full.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms:

  • (a) “Platform” means the digital technology environment operated by BCA, including all web portals, interfaces, mobile applications, APIs, auction software, documentation, and related systems provided for the purpose of enabling auction-based transactions.
  • (b) “Auction” refers to a time-limited sales event hosted via the Platform, in which users may submit monetary offers for specified assets or items.
  • (c) “Service Fee” means a non-refundable payment required to advance in a round of an auction until the minimum requirement has been met.
  • (d) “Best and Final Offer Stage” refers to the final bidding phase of a designated auction event, accessible only to eligible participants who have paid the corresponding service fee.
  • (e) “Successful Bidder” means a participant whose offer is accepted as winning, subject to BCA’s confirmation, legal finality, and fulfilment of payment terms.
  • (f) “Financed Offer” refers to a bid contingent on third-party financing, deferred consideration, or conditional payment structures, in contrast to immediate cash offers.
  • (g) “Applicable Law” means all relevant laws, regulations, codes of conduct, and binding guidance in the United States, and the State of Michigan and Oakland County, as applicable to your use of the Platform and participation in auctions.

1.2 Clause headings are for convenience only and shall not affect interpretation. Words denoting the singular include the plural and vice versa. Any reference to a statutory provision shall be deemed to include any re-enactment or modification thereof.

2. NATURE AND PURPOSE OF THE PLATFORM

2.1 BCA operates a digital auction environment that facilitates competitive bidding on physical or intangible assets offered by third parties or vendors.

2.2 The Platform enables eligible users to participate in auction events following payment of a service fee. BCA is not a seller, agent, fiduciary, or party to any transaction concluded as a result of auction activity.

2.3 All information provided on the Platform regarding auctioned assets, including descriptions, valuations, photographs, legal title, or performance history, is supplied “as is”, and BCA does not guarantee its accuracy or completeness. Due diligence remains the sole responsibility of the bidder.

2.4 Access to the Platform constitutes a limited, conditional right to interact with BCA’s services and infrastructure, and does not confer any ownership or proprietary interest in the Platform itself or the items being auctioned.

3. ELIGIBILITY AND REGISTRATION

3.1 To register for access to the Platform, users must be natural persons aged 18 or over, or corporate entities represented by authorized individuals with legal capacity to bind the entity contractually.

3.2 Users must provide accurate, complete, and up-to-date information during registration and must not impersonate another individual or entity.

3.3 BCA reserves the right, at its sole discretion, to refuse or revoke registration, restrict access, or suspend participation where it believes that a user may pose a legal, reputational, or operational risk to BCA or other participants.

3.4 Your account is personal to you. Sharing access credentials, using the account on behalf of an unauthorized party, or facilitating third-party entry into an auction is strictly prohibited and constitutes a material breach of these Terms.

4. STRUCTURE AND CONDUCT OF AUCTIONS

4.1 Auctions may consist of multiple rounds, each governed by specific eligibility criteria, timeframes, and service fee requirements.

4.2 BCA retains sole and absolute discretion to determine:

  • (a) whether the minimum reserve price or vendor threshold has been met.
  • (b) whether the auction should proceed to a Best and Final Offer Stage.
  • (c) whether a cash offer takes precedence over a financed offer of equivalent nominal value.
  • (d) the format and timing of all bidding rounds.

4.3 Bidders who fail to participate within the applicable round timeframe forfeit the opportunity to continue in that event. No retrospective participation, grace periods, or re-entries shall be granted.

4.4 Where BCA determines that no qualifying offers have been received by the close of bidding, the auction may be declared void or extended at BCA’s discretion. You accept that the auction outcome is not guaranteed, and the seller is not obligated to accept any offer.

5. SERVICE FEES AND ACCESS RIGHTS

5.1 Payment of the applicable Service Fee is a prerequisite for access to a given auction round. This fee is non-refundable and payable per event or per round, as defined by BCA in each case.

5.2 The Service Fee is charged solely for access to the Platform. It is not a deposit, partial payment, or financial consideration for the item listed in the auction, unless you have won the auction.

5.3 Once payment is processed and Platform access is granted, the service shall be deemed fully delivered and you expressly waive any statutory right to cancellation or refund to the maximum extent permitted by law.

5.4 Payment disputes, chargebacks, or reversals will result in immediate suspension of access and permanent disqualification from future auctions. BCA reserves the right to pursue recovery of any fees, costs, or damages incurred as a result.

6. RESPONSIBILITIES OF BIDDERS

6.1 You are solely responsible for determining the value of any asset listed, conducting appropriate due diligence, and assessing your own legal or financial obligations before placing a bid.

6.2 You accept that bidding is speculative and involves risk. BCA is not liable for any loss arising from market fluctuations, misinterpretation of auction terms, or adverse change in asset value post-bid.

6.3 If you are declared the Successful Bidder, you undertake to complete the transaction in full, including payment of any required deposit, settlement via BCA’s designated legal channels, and timely execution of relevant contracts.

6.4 Failure to complete a successful transaction in good faith may result in legal action, forfeiture of any paid sums, and reporting to credit reference or enforcement bodies.

7. PLATFORM RULES AND SECURITY

7.1 You must not interfere with the integrity or performance of the Platform, nor use any software, script, crawler, or tool to manipulate bidding outcomes or access restricted content.

7.2 BCA uses commercially reasonable measures to secure the Platform and protect user data but does not warrant that the Platform will be secure, uninterrupted, or free of viruses or technical errors.

7.3 You are responsible for maintaining the confidentiality of your login credentials. Any action taken under your account will be deemed authorized unless and until you notify BCA of a suspected breach.

8. INTELLECTUAL PROPERTY

8.1 All intellectual property rights in the Platform, including its structure, user interface, logos, underlying code, branding, and proprietary algorithms, are and shall remain the exclusive property of BCA or its licensors.

8.2 You agree not to reproduce, modify, distribute, or create derivative works based on any part of the Platform without prior written authorization.

9. LIMITATION OF LIABILITY

9.1 To the fullest extent permitted by law, BCA disclaims all liability for indirect, consequential, punitive, or special damages arising from your use of the Platform or participation in any auction.

9.2 BCA’s aggregate liability to you in respect of any single event or series of events shall not exceed the total Service Fee paid by you in connection with the relevant auction.

9.3 Nothing in these Terms shall limit liability for death or personal injury caused by negligence, fraud, or any other liability which cannot lawfully be excluded.

10. INDEMNITY

You agree to indemnify, defend and hold harmless BCA, its officers, employees, agents, and affiliates from and against all liabilities, costs, expenses, damages, and losses (including legal fees) arising out of or in connection with your breach of these Terms, misuse of the Platform, or infringement of third-party rights.

11. AMENDMENTS TO TERMS

BCA reserves the right to update, vary or amend these Terms at any time. Changes shall take effect upon publication on the Platform or upon written notice to you. Your continued use of the Platform following such changes shall constitute your acceptance of the revised Terms.

12. GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim (including non-contractual disputes or claims) arising from or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Michigan. The courts of Oakland County have exclusive jurisdiction to settle any such dispute or claim.

13. CONTACT

If you have any questions regarding these Terms or require legal or procedural clarification, you may contact:

Big Circle Auctions LLC
Email: contact@bigcircleauctions.com
Address: 414 S Main Street #201, Rochester, MI 48307

SMS Terms

Big Circle Auctions sends text messages to those that opt in. Messages we send include Customer Care, Account Notification, and Marketing. Message frequency will vary based on the customer's interaction and preferences. Message and data rates may apply. Text HELP or contact us at contact@bigcircleauctions.com for support. Text STOP to opt out of future messages at any time.