Buyer

RE Software Auctions Live Buyer Terms & Conditions - General Goods

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Definitions

1. Account means an account comprising of a Bid Buy Profile, and either a Bidder Registration Form or Offer Management Form;
2. Applicable Law means the law applicable in the Relevant Jurisdiction;
3. Auction means an auction facilitated by the Provider or any associated related bodies corporate through the use of the Platform
4. Auction Lot means any goods sold at Auction.
5. Auctions Live means the online platform and software solution provided by the Provider that facilitates live auctions. The Platform enables salespeople, auctioneers and buyers to conduct and participate in live-streamed auctions, including real-time bidding, auction management and compliance tracking.
6. Auctioneer means the auctioneer conducting the auction on behalf of the Vendor.
7. Bid Buy App means the mobile application provided by the Provider that allows users to remotely participate in live auctions and manage offers. The Bid Buy App provides a secure platform for customers and supports both Auctions Live and Offers Live;
8. Bidder Registration Form means the form required to be completed to become a Registered Bidder;
9. Device means a computer, tablet, mobile phone, or other device capable of using the internet;
10. Offers Live means the online platform provided by the Provider that facilitates the management of offers in a transparent and structured environment. The Platform enables buyers to submit offers, and vendors or agents to assess them based on multiple factors beyond price. Offers Live supports private treaty, expressions of interest and other sale methods.
11. Offer Management Form means the form comprising of the details of any offer submitted by a purchaser;
12. Online Bidding means the process of bidding online using the Platform;
13. Our/Us/We means the Provider;
14. Personal Information has the same meaning as in the Privacy Act (Cth) 1988;
15. Platform means the SaaS known as Auctions Live and Offers Live;
16. Prescribed Auction Conditions means the rules and regulations, if any, applicable to auctions in accordance with the Relevant Jurisdiction;
17. Provider means RE Software Pty Limited;
18. Purchaser means a buyer of the goods listed for sale;
19. Registered Bidder means a person who has registered to bid, for an auction. The Registered Bidder may or may not place a bid using the Platform;
20. Relevant Jurisdiction means the jurisdiction of the Country, State, Territory or Region where the goods are located.
21. SaaS means Software as a Service;
22. Sales Listing means anything offered for sale other than an Auction Lot;
23. Services means the Bid Buy App, and the software for the Auctions Live platform and Offers Live platform;
24. Subscriber means the Company subscribed to RE Software;
25. Terms means these Terms and Conditions;
26. Timed Auction means an Auction that has a set time limit;
27. User means a person who is authorised to use the Platform including a Subscriber and a Registered Bidder;
28. Vendor means the owner of the goods, the subject of an Auction;
29. Visitor means a person who accesses the Platform and is not a User;
30. Website means www.auctionslive.com and includes, but is not limited to any sub-domains, mobile sites, apps and APIs.

About The Platform

1. The Provider provides the SaaS and Platform to Subscribers to conduct the Services, including Auctions Live and Offers Live.
2. The Provider is also the owner of the Bid Buy App that allows Registered Bidders and Purchasers to register a profile and bid, or place offers on listings on the Platform.
3. The Platform facilitates interactions between Vendors, Registered Bidders, Auctioneers and anyone participating in auctions and bidding at an auction.
4. The Platform allows parties participating in an auction, or sales campaign to communicate with each other at various stages throughout the auction process.

Agreement

1. By browsing, accessing and/or using this Website, the Bid Buy App, or the Platform, You agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws in the Relevant Jurisdiction and any relevant Prescribed Auction Conditions.
2. These Terms and Our Privacy Policy form the basis on which You may access and use Our Website and Platform. If you do not agree with any of these terms, you are prohibited from using the Website and Platform.
3. We may modify these Terms and Your use of Our Website at any time without notice. Your continued use of this Service indicates your acceptance of any amended Terms.

Accessing The Platform

1. Registering an Account: To access the Platform and use the Services and become a Registered Bidder, you are required to register for an auction or sales campaign that you are interested in by subscribing to that auction or sales campaign with your email address and submitting your registration.

Once your registration has been submitted, you will be required to download the Bid Buy App and login using your credentials. As part of the registration process and as part of your continued use of the Services, you will be required to complete an Online Bidder Registration Form or Offer Management Form and to provide Personal Information about yourself such as identification or contact details.

If you are acting on behalf of a purchaser in the transaction, you will be required to provide a copy of the Authority to Bid on Behalf of Purchaser Form. You will be required to provide the salesperson with any additional information as required pursuant to that form, including any proof of identity documents. We will notify the buyer whom you are acting on behalf of that you have submitted a Bidder Registration Form and provided their Personal Information, and they will be required to verify and confirm that you are authorised to act on their behalf.

Your Personal Information will be shared with the Agent and dealt with in accordance with their Privacy Policy.

You warrant that if you are acting on behalf of a purchaser you will act in accordance with their instructions throughout the Auction. In the event that you are the successful bidder on behalf of the purchaser, the purchaser shall be obligated and liable to complete the purchase.

You warrant that any information you give to us and other Users in the course of completing the registration process will always be accurate, correct and up to date.

You warrant that you will amend or update any information as required while using the Platform to ensure your Personal Information remains up to date and accurate.

If you have successfully completed the Bid Buy Profile and provided us with all necessary information, your registration will be accepted by the relevant salesperson and we will provide you with access to the Platform to use the Services as a User

Security Obligations as a User

You acknowledge and agree that:

1. You will use the Platform and the Services for the purposes permitted by these Terms;
2. You must not use Your credentials to access the Platform if:
1. The credentials have not been issued to You;
2. Your access has been revoked or suspended;
3. You are solely responsible for protecting the confidentiality of Your password;
4. You are responsible for ensuring You have a secure internet connection to access the Platform and Your Device is capable of accessing the Platform and using the Services;
5. You must not expressly or impliedly impersonate another User or use the credentials of another User to access the Platform;
6. Access to the Platform and use of the Services is limited, non-transferable and only provided to You for the purposes of utilising the Services;
7. You must not misuse the Platform, including but not limited to making false bids, false offers and/or attempts to violate the security or integrity of the Platform.

Bid Buy App

1. You acknowledge and agree that in order to use the Services you must create a Bid Buy Profile.
2. The Personal Information inputted in this profile is owned and stored by the Provider, however, You acknowledge and agree that the Personal Information is shared with Subscribers of the Provider (in particular the salesperson) and utilised for your Bidder Registration Forms and Offers Live Offer Management Forms.
3. You must consent to the transfer of your Personal Information into the relevant form (namely the Bidder Registration Form, or Offers Live Offer Management Form) and you acknowledge and agree that your Personal Information which will be provided and shared with the Subscriber;
4. Once you consent to the transfer of your Personal Information by using either the Bidder Registration Form or Offers Live Offer Management Form, You acknowledge and agree that the Vendor advertising the listing may utilise the form, and the information contained therein as part of its internal registration and management process.
5. You may use your profile to auto-populate the relevant form which will allow you to participate in any other auction, or submit an offer via the offers live process.
6. You acknowledge and agree that each time you utilise your profile to auto-populate the relevant form, your Personal Information will be shared with the relevant Vendor that is participating in that auction or sale.
7. Whilst you may deactivate your account, You acknowledge and agree that the Provider cannot delete your Personal Information. The Provider must retain your Personal Information in order to comply with legislative requirements. Therefore, the Provider will retain your Personal Information for a period of seven (7) years.

Online Bidding - Terms and Conditions

The following process relates to the conduct of an Auction facilitated by the Platform:

1. Prior to Commencement of the Auction
1. The Auctioneer is acting as an agent for the Vendor;
2. The sale contract for the purchase of the Lot is made directly between the Vendor and Purchaser;
3. The Bidder’s Registration, these Terms and Conditions and the sale record constitutes the entire relationship between the Auctioneer, the Vendor and the Purchaser;
4. If any dispute arises in relation to a Lot, the dispute is between the Purchaser and the Vendor.
5. The Purchaser agrees to release the Provider from any dispute, claim, action, tribunal or court proceeding in respect of that Lot.
2. During the Auction
1. You agree that during the Auction, you will use the Platform solely for the purpose of participating in the auction and placing a bid on a Sales Lot;
2. You acknowledge and agree that the Auctioneer may decide, at any time during the Auction and in his or her sole discretion:
1. Whether to accept or decline your bid;
2. suspend online bidding;
3. or extend the Auction by any time that the Auctioneer deems acceptable.
4. During a timed Auction, the Provider will automatically extend the bidding, if a bid is placed in the final three minutes of the Auction.
3. We may close an auction prior to the scheduled duration, if We become aware of:
1. Any dummy bidding or fraudulent bidding;
2. any processing or system errors;
3. any site and/or technological failures;
4. any issues with proof of ownership of the item being auctioned; or
5. any legal requirements we must comply with.
4. Once a bid is placed it cannot be cancelled or amended. Only the Auctioneer has discretion whether to accept or reject a bid. In certain jurisdictions, a bid may be able to be withdrawn after it has been placed. The Auctioneer will have the sole discretion to accept the withdrawal after it has been placed.
5. You agree bidding increments can be determined by the Auctioneer; and
6. You agree to accept the Auctioneer’s decision.
3. Fall of the Hammer
1. The Purchaser acknowledges and agrees that all Sales Lots are bid on and purchased on an ‘as is’ basis, and the Purchaser accepts all risks and liability in relation to the Sales Lot on the fall of the hammer.
2. The Purchaser agrees to release and indemnify the Provider from any claim, action, tribunal or court proceeding in relation to any deficiency or damage in relation to the Sales Lot, and all liability including all costs incurred by the Purchaser in relation to any claim.
4. Cancellation of the Auction

If the Auction is cancelled, postponed or withdrawn you consent to be contacted by the salesperson.

Technological Errors

1. The Provider does not warrant that the Platform will operate without interruptions or without errors.
2. The Provider does not guarantee uninterrupted, continuous or secure access to the Service.
3. The Provider will not be responsible or held liable for any bids that, due to technical difficulties were not received or accepted, unless it arises directly as a result of the Provider’s negligence or wilful conduct.
4. The Provider will not be held liable for any consequential damages or lost profits arising out of, or in connection with, the delivery of the Services.
5. You agree to indemnify and hold the Provider harmless from any claim or demand, including legal fees, made by you as a result of your use of the Service, except to the extent that the claim arises directly from the Provider’s gross negligence or wilful misconduct.

Intellectual Property

1. The Platform and Services are subject to copyright.
2. All intellectual property, trademarks, branding and material on, or relating to the Platform and the Services are owned, registered and/or licensed by the Provider who grants you a non-exclusive, royalty-free, revocable licence while you are a User to:
1. Use the Platform pursuant to these Terms;
2. Use and store the material contained on the Platform in your Device’s cache memory; and
3. Print pages from the Platform for your own personal and non-commercial use.
3. You may not, without our prior written consent and the consent of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.

Privacy

Any Personal Information provided through the use of the Platform is subject to our Privacy Policy, which is available here https://auctionslive.com/privacy-policy.

Cookies

We may use cookies to enable Us to retrieve user details for each visit. Cookies are used in some areas of the Website to enable its functionality and ease of use for those people visiting the Website.

Advertising

The inclusion of advertisements, pointers and hyperlinks to other websites operated by third parties are not under the control or the responsibility of the Provider. A display of advertising does not imply an endorsement or recommendation by the Provider.

Disclaimers

1. No Warranty: Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. We do not make any express or implied representation or warranty about the Services. This includes (but is not limited to), loss or damage you might suffer as a result of any of the following:
1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. The accuracy, suitability or currency of any information on the Platform;
3. Costs incurred as a result of you using the Platform;
4. The services or operation of links on the Platform (which are provided for your convenience)
2. No Liability: You acknowledge that the Platform is only intended as a SaaS, and does not offer any other services, other than the Platform. We hold no liability to You as a result of any conduct of the Subscribers.

Limitation of Liability

You acknowledge and agree that the Provider takes no responsibility, and is not liable for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by You as a result of the use of the Platform by You or any other User of the Platform (including Subscribers, Real Estate Agencies, Agents, Auctioneers)

Indemnity

You agree to indemnify Us, our affiliates, employees, agents, contributors, third party providers and licensors from and against:

1. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the use of the Platform;
2. Any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
3. Any breach of these Terms.

Suspension/Termination of Account

1. Termination or Suspension: We may, at any time and without notice, terminate or suspend Your Use of the Platform if:
1. You breach any of these Terms or intend to breach any of these Terms;
2. We are required to do so by law; or
3. The provision of the Services to You by Us, is, in Our opinion, no longer commercially viable.
2. Effect of Termination or Suspension: Subject to local applicable laws, we reserve the right to discontinue to cancel You as a User at any time and may suspend or deny, in its sole discretion, Your access to all or any part of the Platform or the Services, without notice, if you breach any provision of these Terms of Use or any applicable law.

General Provisions

1. Governing Law: These Terms and the use of the Platform are governed by the laws of New South Wales, and you submit to the non-exclusive jurisdiction of the courts of that State.
2. Change to the Terms: We reserve the right to change these Terms at any time and without notice. In the event that we change these Terms, we will take reasonable steps to notify you of the changes.
3. Severance: If any part of these Terms is found to be void, unlawful or unenforceable by a court, that part shall be severed from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.