Auctions Live Online Bidder Terms & Conditions
1. About the Platform
This document sets out the terms and conditions of use of the Auctions Live Platform.
The Platform facilitates interactions between Real Estate Agencies, Auctioneers and persons participating in auctions and bidding for properties or items at an auction by making it easier for all users to communicate with each other at various stages throughout the auction process including participating in and bidding at an auction.
3. Accessing the Platform
3.1 Registering an Account
To access the Platform and use the Services and become a User, you are required to register for an account through the Platform. As part of the registration process and as part of your continued use of the Services, you may be required to complete an Online Bidder Registration Form and to provide personal information about yourself (such as identification or contact details).
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.
If you have successfully completed the Online Bidder Registration Form, provided us with all the necessary information and we accept your registration, we will provide you with access to the Platform to use the Services as a User.
3.2 Access Security
Once you have successfully registered an account, we will provide you with your unique credentials. Your unique credentials may include a username and password. You must keep your credentials confidential and secure at all times and you must not disclose your credentials to or share them with another person.
3.3 Data security
Data about an individual and entities provided to you through the Platform is confidential. You must ensure that unauthorised persons do not have access to that data. If your device is unattended, you must log out from the Platform or lock your device.
3.4 Access Availability
We will use reasonable efforts to maintain the availability of the Platform however we do not guarantee that the Platform will be available at all times. You agree to use the Platform at your own risk and discretion, and you accept and acknowledge that I.T. infrastructure and software is prone to unforeseen issues which may cause the Platform to be unavailable or data to be lost. You agree that we will not be liable or accountable for any reason for any loss as a result of the unavailability of the Platform and that your only recourse is to cease using the Platform and the Services.
4. Your Obligations as a User
As a User, you agree to comply with the following:
(b) you will not share your credentials (including your username or password) with another person;
(c) You must not use your credentials to access the Platform if:
(i) credentials have not been issued to you;
(ii) your access has been revoked or suspended;
(iii) you are not of legal age to participate in an auction; or
(iv) you are a person barred from receiving the Services under the laws of Australia;
(d) you are solely responsible for protecting the confidentiality of your password;
(e) you are responsible to ensure that you have a secure internet connection to access the Platform and that your device is capable of accessing the Platform and using the Services;
(f) you must not expressly or impliedly impersonate another User or use the credentials of another User to access the Platform;
(g) any content that you publish, upload, transmit, post or distribute on the Platform (Your Content) will always be accurate, correct, true and up to date.
(h) you must regularly update Your Content whenever possible to ensure that information remains accurate, complete and up to date.
(h) you must not knowingly or willingly publish content on the Platform, which is inaccurate, untrue or out of date;
(i) access to the Platform and use of the Services is limited, non-transferable and only provided to you for the purposes of providing the Services;
(j) you must not access the Platform or use the Services for any illegal, unauthorised or unlawful purpose;
(k) you must make available to us or supply to us any information or documentation, if requested by us, to support to use of the Services including where there is an investigation; and
(l) you must not misuse the Platform, including but not limited to making false bids, and/or attempts to violate security or integrity of the Platform.
5. Using the Platform
5.1 Prior to Commencement of the Auction
You acknowledge and agree that, before the commencement of the auction and as a condition to using the Platform to participate and bid in an auction:
(a) you have read and understood the terms and conditions of the auction and all additional material provided to you by the Agency, Selling Agent, Auctioneer and us;
(b) you have read and understood the contract of sale relevant to the auction;
(c) you have received independent legal and financial advice regarding the property or item or have chosen to proceed and participate in the auction without receiving independent legal and financial advice regarding the property or item; and
(d) you have verified your identity (such as providing a copy of drivers licence).
You acknowledge that the auction will be conducted in accordance with the relevant legislative requirements governing auctions in the State or Territory advised by the Auctioneer prior to the commencement of the auction and you agree to be bound by the relevant legislative requirements.
5.2 Online payment of deposit
Where available, you may, as a Registered Bidder, access a third party payment service (the Payment Service) within the Platform to pay the deposit on the Contract of Sale.
It is a condition of use of the Payment Service that you, as a Registered Bidder, complete the account verification process prior to the auction and pay the account verification fee.
Once you have successfully completed the account verification process, you may use the Payment Service to pay the deposit on the Contract of Sale if you are the successful bidder.
5.3 During the Auction
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 property or item.
You acknowledge that the Auctioneer may decide, at any time during the auction and in his or her sole discretion:
(a) whether to accept or decline your bid; or
(b) suspend online bidding;
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.
You agree bidding increments can be determined by the auctioneer;
and you agree to accept the Auctioneer’s decision.
5.4 Following the Auction
If you are the successful bidder at the auction, you agree to:
(a) sign the contract of sale immediately either in person or via electronic document signing software; and
(b) pay the deposit, set out in the contract of sale, to the vendor or vendor’s real estate agent; and
(c) take all necessary steps to effect the exchange of the contract for the sale and purchase of the property.
5.5 Cancellation of the Auction
If the auction is cancelled, postponed or withdrawn you consent to be contacted by the selling agents.
6. Ownership and Intellectual Property
The Platform is owned and operated by RE Software Pty Ltd. Access to and use of the Platform together with any of its associated products and services are provided by RE Software Pty Ltd.
6.2 Intellectual Property Rights
The Platform, the Services and all related products of Auctions Live are subject to copyright. All intellectual property, trademarks, branding and material on or relating to the Platform and the Services are owned, registered and/or licensed by Auctions Live, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence while you are a User to:
(b) use and store the material contained in the Platform in your device's cache memory; and
(c) print pages from the Platform for your own personal and non-commercial use.
Auctions Live does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by Auctions Live.
Where you publish, upload, transmit, post or distribute Your Content on the Platform, then you grant to us a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to republish, up-load to a third party, transmit, post, distribute, show in public, adapt or change Your Content.
You agree that the operations of Platform and the Services will remain confidential and that all material whether written or oral, tangible or intangible, shall be treated as confidential and will not, without prior written consent, be disclosed to any third party. We reserve the right to take further action if this condition is breached.
9.1 General Disclaimer
Subject to this clause, and to the maximum extent permitted by law:
9.2 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 or Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Platform, the Services, or any of the products or services contained within the Platform (including third party material and advertisements on the Platform);
(c) costs incurred as a result of you using the Platform, the Services or any of the products or services contained within the Platform; and
(d) the services or operation of links on the Platform (which are provided for your convenience).
9.3 No Liability
You acknowledge that the Platform and the Services are only intended to facilitate the interactions between the Users and does not offer any services other than the Services and we hold no liability to you as a result of any conduct of Users or the misuse of Your Content by any party (including other User).
10. Limitation of Liability
You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that we take no responsibility for and have no liability 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 Real Estate Agencies, Agents, Auctioneers or other bidders).
You agree to indemnify us, our affiliates, employees, agents, contributors, third party providers and licensors from and against:
(a) 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 or Your Content published on the Platform which is false or misleading, inaccurate, out of date or incomplete;
(b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
12. Term and Termination
12.2 Termination or Suspension
We may, at any time and without notice, terminate or suspend your Use of the Platform if:
(b) we are required to do so by law; or
(c) the provision of the Services to you by us is, in our opinion, no longer commercially viable.
12.3 Effect of Termination or Suspension
13. General Provisions
13.1 Governing Law.
The Services offered by us are intended to be viewed and used by residents of Australia and New Zealand. In the event of a dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
13.2 Change to the Terms.
In this document:
‘Auctions Live’, ‘we’, ‘us’ and ‘our’ means Re Software Pty Ltd;
‘device’ means a computer, tablet, mobile phone or other device capable of accessing the internet;
‘person’ includes an individual, a partnership or anybody whether incorporated or not;
‘Platform’ means the software as a service known as Auctions Live;
‘Registered Bidder’, ‘you’ and ‘your’ means you as the User of the Platform;
‘User’ means a person who is authorised to user the Platform including a Registered Bidder;
‘Services’ means the services provided by us through the use of the Platform to facilitate interactions between Real Estate Agencies, Auctioneers and persons participating in auctions and bidding for properties or items at an auction;
‘Visitor’ means a person who accesses the Platform and is not a User.