TERMS
& CONDITIONS
GENERAL:
All Users warrant, undertake,
authorise and agree that:-
1.Users shall be registered with The
Company as a User in the appropriate category and acknowledge that they have
read, agreed, accepted and will adhere to all Terms and Conditions and that
registration is conditional upon this.
2.Terms and Conditions may change
from time to time and that they agree that this change is part of the
agreement. Each time they use the site, they confirm their agreement and are
bound by and acknowledge any changes.
3.Users will act with honesty,
fairly and with integrity while on this Site and towards other Users. They will
not commit any fraudulent activities relating to transactions or information
provided. They will not misrepresent their identity and will provide valid and
complete information. They will upgrade their information as necessary and will
not provide or engage in any false, inaccurate, misleading or deceptive
conduct.
4.They will not share or transfer
Users information or passwords. They will not infringe on the rights of privacy
and confidentiality in relation to Users.
5.They will report all violations
and infringements of the Terms and Conditions of this site to The Company.
6.Their accounts are not
transferable and they are fully responsible for what occurs on their account
absolutely. It is the Users responsibility to report unauthorised use.
7.Any Bidder making fraudulent bids
on this site or defaulting on properties bought will be penalised.
8.Site penalties can include,
without limiting other remedies available at law, in equity or under this
agreement, a delay in listing your property without notice to you and in the
sole discretion of The Company, the issue of a warning, restriction on your
activities on site, fine, temporarily suspend, indefinitely suspend or
terminate use if you breach the Terms and Conditions of this site.
9.Any property can be withdrawn from
sale at anytime prior to the reserve being met but not once the reserve has
been met. If the Seller withdraws the property at any time they must pay a
withdrawal fee of $220 (GST Inc) to The Company to cover the costs
associated with notification to all interested parties.
10.All The Company Listings are
public in nature unless otherwise stated. All bids are open and displayed for
public viewing.
11.The decision of the Auctioneer is
final in all matters relating to the Property and no Bidder has any right
of recourse. If there is a dispute over a bid the Auctioneer may reopen the
bidding and resubmit the property or determine the dispute in any other way the
Auctioneer considers appropriate in their absolute discretion.
12.All listing Agents identified on
the site are those of the Seller only and not the Buyer or The Company unless
specifically stated otherwise.
13.Only natural persons and entities
that can legally form binding contracts, and in particular, in accordance with
the terms and conditions in the Contract of Sale can become Registered Users on
this site. Companies and Trusts can only become a User by satisfying the same
qualifying registration process as individuals.
14.The duration of the Listing
is as stated on each individual property display. An Opening Time and a
Closing Time are listed.
15.The Company does not endorse,
represent or guarantee information provided on this site. The Company is unable
to verify or authenticate this information provided by parties other than
itself.
16.Buyers and Sellers are
responsible for ensuring they are familiar with any special conditions and the
standard conditions in the Contract of Sale.
17. If the One (1) Hour Sale
Price is activated then all aspects of the Reserve being met will apply except
the highest Bidder will become the Buyer at the expiration of One (1) hour
after activation. Should a bid be submitted that is equal to or greater
than the reserve price or is acceptable to the Seller at any time, a flashing
notification will appear on the bidding page stating the property will be sold
and the closing time ammended to be 48 hours from the time of that
bid. Should the new closing time fall outside trading hours then
the new closing time will be ammended to be 7pm in the previous trading
time. If Reserve is not met the listing will continue to the Closing
Time which will be continuously extended while ever a Fault Bid is made. In any
event, when a bidder becomes the buyer a charge of $220 (GST
Inc) is immediately processed against the buyers credit
card. The Buyer hereby authorises The Company to debit his/her
Credit Card for this amount. This amount shall be refunded in full when The
Company has been notified of settlement by the Sales Agent. If these
requirements are not satisfied then the security fee will be retained to
cover costs associated with advising interested parties and re-submitting the
Property on The System at no additional cost to the Seller.
18.The Contract of Sale is binding
on all parties whether received through standard, electronic or facsimile
means.
19.All parties will sign all
necessary documents and do everything else necessary to satisfy all terms and
conditions and allow the transfer of property.
20.Buyers and Sellers each appoint
the Auctioneer to act on their behalf as their Attorney with the power to
execute the Contract of Sale as Attorney should either party not sign the
Contract of Sale. This condition is non-revocable.
21.Immediately on the Fall Of The
Hammer, the Bidder of the highest bid accepted must sign as Buyer the Contract
of Sale in the form displayed and circulated and pay the Deposit to the
nominated stakeholder. If these conditions are not satisfied within two (2)
business days then the Auctioneer will sign the Contract of Sale as the
Attorney on their behalf.
22.Unless otherwise stated, all
amounts are quoted in Australian dollars.
23.Users authorise and allow that
they will receive communication from The Company and the Sales Agent about
properties that may interest them and in relation to the finalisation and
completion of any agreement or Contract of Sale.
24. The Company does not offer any
form of insurance or protection other than that offered in the Terms and
Conditions.
25.On a successful bid it is the
sole responsibility of the Buyer and the Seller to ensure they are aware of who
is responsible for insurance of properties under the Contract of Sale
conditions. The Company takes absolutely no responsibility for properties not
being insured by either, neither or both parties.
26.They are responsible for ensuring
that they comply with listing, bidding, selling laws and that any of their
activities on this site are legal. The Company and their Auctioneer merely act
as the Auctioneer and will not be held liable and have no control over the
quality, legality, accuracy of listings or other Users of this site. They
cannot and do not guarantee that any User will actually complete a transaction
or act lawfully in using this site and are not responsible for any damages,
losses, expenses or other injuries.
27.They comply with all applicable
laws and obligations to other Users and acknowledge that if an obligation is
breached then they are responsible for enforcing any rights they may have and
release The Company from any claims that may arise from the actions of Bidders,
Buyers, Sellers or their Agents.
28.The Company will not disclose any
Reserve Price prior to this amount being reached.
29.Properties sold through The Site
will not incur GST unless specifically stated, therefore, the Final Bid
accepted will be the selling price.
30.The Company has the discretion to
refuse to accept any bid from any source. A bid will be taken to be accepted
and irrevocable (see bidders terms and conditions) unless immediately after it
is made, is refused by the Auctioneer.
31.The Company reserves the right to
reject any User or Property in its absolute discretion.
32.The Company undertakes that the
Supervising Auctioneer satisfies all registration and licensing requirements of
their Local Jurisdiction. A copy of the Auctioneer’s licence is available for
viewing upon request.
33.The Company warrants that the
Auctioneer, their family or employees do not have a beneficial interest in any
property listed on The System unless otherwise stated in accordance with the
legislation in the Local Jurisdiction.
34.The Company warrants that the
Auctioneer does not charge or retain any form of Commission without disclosing
this Commission on The System.
35.The Company undertakes not to
provide Tracker, Seller or Buyer details to any third parties without prior
authority from the party concerned other than the Agent.
36.The Company agrees to abide by
government laws and regulations in the relevant jurisdictions.
37.The Company agrees to maintain
detailed online bidding records.
38.The Company warrants that they
act solely as Auctioneer and not as agent or on behalf of any real estate
agency, real estate agent, Tracker, Buyer or Seller.
39.The Company agrees that they are
not involved with or a party to any transaction other than that offered in
conjunction with a Listing and does not accept any liability between
parties. This clause does not affect any lawful rights for acts or omissions by
The Company.
40.The Company will hold a register
of all Bidders.
41.The Company warrants that its
employees are bound by The Company’s Terms and Conditions and Policies.
42.The Company undertakes that the
Auctioneer will give notice if vacant land being sold via The Site cannot
lawfully be used for residential purposes.
43.The Company cannot and do not
guarantee uninterrupted or secure access to their services. Operation of this
Site may be interfered with by numerous factors beyond their control and all
Users release and indemnify them from any resulting losses.
44.The Company provide a grievance
and resolution procedure. The details can be found at the link titled
Complaints Procedure.
45.To the extent permitted by law,
in no event shall The Company, their related entities or employees be liable
for lost profits or any special, incidental or consequential damages arising
out of or in connection with The Site, our services or this agreement.
46. These terms and conditions must
be read in conjuction with the specific terms applicable to all users under the
various headings of this website.
Copyright 2bid2 Ltd 2008
Property Search
