Conditions et Modalités pour l'enchérisseur
Bidder Terms (including for bidspotter.co.uk, bidspotter.eu, i-bidder.com and the-saleroom.com and other applicable sites) are below. Also below is a short summary of the key provisions of our terms and your responsibilities as a user of our website or that of the Auctioneer where it is support by Auction Technology Group.
Please read these Bidder Terms carefully before you start to use the website and/or the auctioneer site in order to receive the online auction services. We recommend that you print a copy of these terms for your records. By using the website and/or the auctioneer site in order to receive the online auction services you indicate that you accept these Bidder Terms (including on behalf of your Business (as defined below) if relevant) and that you and your business (if relevant) agree to abide by them. If you do not agree, please refrain from using the website and/or auctioneer site to receive the online auction services.
Please note that it is the responsibility of the auctioneer and/or the seller (to the extent relevant) to inform you of any cancellation rights (if any) you may have if you are a consumer in relation to any lot you may purchase using Auction Technology Group's online auction services as Auction Technology Group is not acting as the seller of any lot or as the auctioneer.
Summary of Bidder Terms
What We Do for You
- We provide online auction Services (more particularly described in paragraph 2 of the Bidder Terms) that facilitate online bidding at auctions. The Services are only a means of communication to participate in auction sales and we are not an online auctioneer. Therefore, we are not a party to the contract for sale and purchase entered into between you, the bidder, and the auctioneer.
- We are not in control of the information made available by auctioneers which you access via the Services. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer may offer for sale through the Services or otherwise.
- We do not charge you, the bidder, for your use of the Services. We are paid by auctioneers to provide the Services to potential bidders.
What You Agree To Do
- Use the website, the auctioneer site and the Services in accordance with the Terms. In particular you agree that we can change modify or remove any of the Services without notice and without reason at any time. You also agree that our liability and that of our affiliates is limited in accordance with paragraph 10 of the Bidder Terms.
- You also agree to indemnify us and our affiliates against any claim action, or right against us that arises through your act, omission or breach of the Bidder Terms.
- If you are registering to use the website and/or the auctioneer site and receive the Services (in accordance with clause 3.2 of these Terms) on behalf of a company, partnership, sole trader, limited liability partnership or any other person (your "Business") you warrant represent and undertake that you have authority to (i) act on behalf of your Business; (ii) bind your Business to these Terms; and (iii) bind your Business to any contract or arrangement entered into as a result of receiving the Services (including any agreement entered into with an Auctioneer). You acknowledge that where you do not have the authority to act on behalf of your Business and bind your Business in accordance with (i) to (iii), above, you will remain personally liable to Auction Technology Group in respect of these Terms and personally liable in respect of any agreement entered into with an Auctioneer as a result of receiving the Services.
1. Our agreement
- 1.1 By accessing Auction Technology Group's websites (currently www.bidspotter.co.uk, www.bidspotter.eu , www.i-bidder.com, www.the-saleroom.com or such other site or sites we use to provide the Services (defined below) as notified to you from time to time) ("Website") or being linked to these terms from, or accessing, the site of an auctioneer ("Auctioneer") which is supported by Auction Technology Group ("Auctioneer Site") in order to receive the Services and/or by registering to receive the Services (whether through the Website, the Auctioneer Site, or otherwise) you agree to be bound by these terms and conditions, which constitute a legally binding contract between you (defined in these terms as the "Bidder User") and Auction Technology Group. We keep a record that you have agreed to these Bidder Terms and (where relevant and through the use of our services) to any relevant auctioneer terms (see clause 3.2.3 below). This record is not accessible by you.
- 1.2 These Bidder Terms are additional to Auction Technology Group's Website Terms, and the Auctioneer Site's general website terms and conditions (if any) which may also apply (provided that in the event of any conflict or inconsistency these Bidder Terms shall prevail). At present our contract terms are only offered in English language versions.
- 1.3 For the purposes of these Bidder Terms Auction Technology Group shall mean Metropress Limited (a Company registered in England and Wales with company number 01010311) with its registered office at 65 Southwark Street, London, SE1 0HR, United Kingdom). Our contact details by e-mail are: email@example.com
- 1.4 Metropress Limited's VAT number is: 927 5121 29
- 1.5 These Bidder Terms are subject to change. Auction Technology Group reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website, the Auctioneer Site and/ or notifying Bidder Users by e-mail. Amended terms and conditions shall become effective; (1) for new Bidder Users immediately; (2) for existing Bidder Users 30 days from the date of posting.
- 1.6 Notwithstanding paragraph 1.5, above, Auction Technology Group may from time to time seek to improve the Services and improve the functionality of the Website and/or the Auctioneer Site for the benefit of Bidder Users ("Improvements"). Where Auction Technology Group make such Improvements, Auction Technology Group are entitled to vary these Bidder Terms with immediate effect. Any changes to the Bidder Terms made by Auction Technology Group as a result of Improvements will not apply to Services already provided under the previous version of the Bidder Terms.
- 1.7 These Bidder Terms replace all previous terms and conditions.
- 1.8 "Bidspotter" is a trademark of Bidspotter Inc., an affiliate of Auction Technology Group, and is used under Licence.
2. Services provided by Auction Technology Group to Bidder Users
- 2.1 Subject to the Bidder User's compliance with its obligations under these Bidder Terms, Auction Technology Group will use reasonable endeavours using reasonable skill and care to provide some or all of the following services from time to time to the Bidder User:
- 2.1.1 Access to and participation in “Timed Auctions” (including Tender Auctions). A Timed Auction can take place online and the Auctioneer will organise the sale (such organisation includes (but is not limited to) the Auctioneer describing and cataloguing the lots, posting the lots on the Website (or Auctioneer Site) and dealing with post sale matters). The Timed Auction is an automatic process that is administered according to parameters (such as bid increments and end times) established by the Auctioneer and takes place without the Auctioneer calling the bids. Bids are placed over a defined time period “Bidding Period” Bidder Users can view the highest current bid. The highest bid, (being the greatest bid that meets or is in excess of any reserve bid), at the end of the Bidding Period is successful at the auctioneer’s discretion. A Timed Auction:
- (a) will either be open to all registered Bidder Users who have registered and been approved by Auction Technology Group and/or the Auctioneer in accordance with paragraph 3.2 or restricted to a defined group of Bidder Users according to the Auctioneer's chosen criteria; and
- (b) may also be a ‘private treaty sale’ or ‘tender sale’ where Bidder Users cannot see the value of the bids placed by other Bidder Users.
- 2.1.2 “Buy it now” functionality may be available in certain Timed Auctions, where this is selected by the Auctioneer – this permits the Bidder User to buy the lot for a maximum "buy it now" price at which point the lot closes regardless of what the actual end time is, and the lot will be sold to the Bidder User in accordance with the Auctioneer Terms. Note that where the current bid is one increment below the "buy it now" price, the option to "buy it now" will automatically be removed.
- 2.1.3 Access to and participation in "Live Auction Webcasts". Live auctions are traditional auction sales conducted by an auctioneer that take place at a physical location. A Live Auction Webcast allows the Bidder User to participate in the auction either by placing Automatic Bids (defined below) in advance of the auction or, when available, during the auction. Access to Live Auction Webcasts is only open to Bidder Users who have registered and been approved in accordance with paragraph 3.2 in order to be able to bid in the auction in question
- 2.1.4 Communication of "Autobids" (in respect of Live Auction Webcasts) and "Maximum Bids" (in respect of Timed Auctions) to the Auctioneer using bidspotter.eu's Autobid functionality (together the "Automatic Bid"). The Automatic Bid is the highest amount the Bidder User is willing to bid on a specific lot. Automatic Bids are executed on behalf of the Bidder User during the auction at the lowest possible amount. Auction Technology Group communicates the Automatic Bid to the Auctioneer during the auction using the Website's (or Auctioneer’s Site) Autobid functionality which administers the Automatic Bid automatically. In relation to Automatic Bids (and without prejudice to any other right or remedy that Auction Technology Group may have under these Bidder Terms):
- (a) The Automatic Bid is at the risk of the Bidder User. Subject always to paragraph 10 Auction Technology Group accepts no responsibility for and shall not be liable for the communication and placement of Automatic Bids including (but not limited to) any direct or indirect loss that may occur;
- i) as a result of a failure to communicate the Automatic Bid to the Auctioneer due to any disruption or disturbance to the wider internet; or
- ii) for any other reason
- (b) Auction Technology Group will at no time be agent for the Bidder User and/or the Auctioneer; and
- (c) Communication of the Automatic Bid through the Website and/or Services does not constitute or guarantee the Auctioneer's acceptance of the Automatic Bid (together the “Services”)
- 2.2 Auction Technology Group reserve the right to change, modify or remove all and/or any of the Services at any time (with or without notice to the Bidder User) and without reason.
- 2.3 Auction Technology Group and/or any Auctioneer may terminate, restrict and/or refuse the Bidder User's use of the Website, the Auctioneer Site and/or the Services and/or remove or alter any content at any time and for any reason.
3. Responsibilities of the Bidder User
- 3.1 Bidder user access
- 3.1.1 Those under 18 (eighteen) years of age are not permitted to access the Website, the Auctioneer Site and/or the Services.
- 3.1.2 Those who have been barred, refused or suspended by Auction Technology Group or any Auctioneer are not permitted to access the Website, the Auctioneer Site and/or receive the Services.
- 3.1.3 Those who access the Website, the Auctioneer Site and/or receive the Services on behalf of their business, warrant that they have authority to bind that business.
- 3.2 Registration and user credentials
- 3.2.1 If the Bidder User wishes to use the Website and/or the Auctioneer Site in order to receive the Services or make use of any of the Services the Bidder User must:
- (a) register with and be approved by Auction Technology Group; and
- (b) register with and be approved by the Auctioneer in advance of receiving or using the Services.
- 3.2.2 For the avoidance of doubt, the Bidder User's registration with Auction Technology Group in accordance with paragraph 3.2.1(a), above, will require the Bidder User to agree to abide by these Bidder Terms on registering to receive the Services. The Bidder User's agreement to these Bidder Terms does not constitute Auction Technology Group's approval of the Bidder User and notwithstanding paragraph 2 Auction Technology Group may at any time terminate, restrict and/or refuse the Bidder User's use of the Website, the Auctioneer Site and/or the Services without notice.
- 3.2.3 For the avoidance of doubt, the Bidder User's registration with the Auctioneer in accordance with paragraph 3.2.1(b), above, will require the Bidder User to agree to abide by the Auctioneer's terms and conditions (if any) on registering to receive the Services. The Bidder User's agreement to the Auctioneer's terms and conditions does not constitute the Auctioneer's approval of the Bidder User and notwithstanding paragraph 2 the Auctioneer may at any time terminate, restrict and/or refuse the Bidder User's use of the Website, the Auctioneer Site and/or the Services without notice.
- 3.2.4 The Bidder User will supply all information requested by Auction Technology Group and/or the Auctioneer in order to register and represents, warrants and undertakes to Auction Technology Group and to the relevant Auctioneer that all such information is complete, truthful and accurate. It is the responsibility of the Bidder User to update and maintain changes to such information. Auction Technology Group and the relevant Auctioneer are entitled to rely on any information provided by the Bidder User.
- 3.2.5 Auction Technology Group and/or the Auctioneer reserve the right to refuse registration and/or approval to any person for any reason, including if a Bidder’s conduct poses a risk to the integrity or reputation of Auction Technology Group’s and/or an Auctioneer’s Services. Such refusal shall be in the absolute discretion of Auction Technology Group and/or the Auctioneer.
- 3.2.6 On registration a Bidder User will be allocated a unique user ID which must be used in conjunction with the Bidder User password, these are known as "User Credentials".
- 3.2.7 The Bidder User's access to the Website, the Auctioneer Site (to the extent applicable) and/or the Services must only be achieved using these User Credentials
- 3.2.8 The Bidder User must ensure that User Credentials are not disclosed to any other person and in any event they must only be disclosed to persons under the authority and control of the Bidder User for the purpose of ensuring the Bidder User has access to the Website, the Auctioneer Site (to the extent applicable) and use of the Services. If the Bidder User believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the User Credentials, the Bidder User must immediately notify Auction Technology Group by email at firstname.lastname@example.org.
- 3.2.9 The Bidder User shall be liable for any use of the Website, the Auctioneer Site (to the extent applicable) and/or Services made using the User Credentials and for any misuse of the User Credentials.
- 3.3 Protecting Auction Technology Group and the Services. The Bidder User warrants and undertakes that:
- 3.3.1 its access to and use of the Website, the Auctioneer Site (if applicable) and the Services will not cause Auction Technology Group any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to Auction Technology Group, or cause the Website, the Auctioneer Site (if applicable) or the Services to become less efficient, less effective, or less functional;
- 3.3.2 the Bidder User will not impose unreasonable stress, burden, or demand on the Website, the Auctioneer Site (if applicable) or the Services;
- 3.3.3 the Bidder User will comply with Auction Technology Group's instructions regarding the use of the Website, the Auctioneer Site (if applicable) and the Services from time to time and also will not bypass measures to prevent or limit access to the Website, the Auctioneer Site (if applicable) or the Services;
- 3.3.4 the Bidder User will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to Auction Technology Group or its affiliates;
- 3.3.5 the Bidder User will not copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website, the Auctioneer Site (if applicable) or the Services other than in order to bid for goods using the Services;
- 3.3.6 the Bidder User will not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website, the Auctioneer Site (if applicable) or the Services (by spidering or otherwise) or enable or permit others to do so; and
- 3.3.7 The Bidder User will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.
- 3.4 No sniping
- 3.4.1 Bid sniping (such as watching a timed online auction and placing a winning bid at the last possible moment giving others no time to outbid), whether manual or automated, is strictly prohibited on the Website and the Auctioneer Site (if applicable) and the Bidder User warrants and undertakes that the Bidder User will not place or permit to be placed any bids on any lots in any auction by way of sniping.
- 3.4.2 Any attempt at bid sniping will automatically extend the relevant auction time and without prejudice to any other right or remedy of Auction Technology Group and/or the Auctioneer may result in the Bidder User's access to the Website and/or the Auctioneer Site being suspended or revoked.
- 3.5 No shill bidding
- 3.5.1 Shill bidding (where the seller of an item at auction, or someone known to the seller, places a bid in order to inflate the price of the product being sold), whether manual or automated, is strictly prohibited on the Website and the Auctioneer Site (if applicable) and the Bidder User warrants and undertakes that the Bidder User will not place or permit to be placed any bids on any lots in any auction by way of shill bidding.
- 3.5.2 Any attempt at shill bidding may extend the relevant auction time and without prejudice to any other right or remedy of Auction Technology Group and/or the Auctioneer may result in the Bidder User's access to the Website and/or the Auctioneer Site being suspended or revoked.
4. Duration of the Services
- 4.1 Unless terminated earlier as provided in these Bidder Terms, the Bidder User's registration, approval, and/or right to use the Services shall apply on an auction-by-auction basis, although an Auctioneer may (in its absolute discretion) grant approval for a Bidder User to participate in more than one auction.
5. The Website, the Auctioneer Site (if applicable) and the Services are only a means of communication to participate in auction sales and Auction Technology Group are not 'an online auctioneer'
- 5.1 Auction Technology Group act only as host and the Website, the Auctioneer Site (if applicable) and Services act only as a means of communication intended to provide online access to the Auctioneer's auction. Bids may be made and accepted utilising the technology inherent in the Services. Without prejudice to paragraph 3 above, when a Bidder User bids for a lot, the Bidder User does so in accordance with the terms and conditions provided by the Auctioneer for that sale and not Auction Technology Group, as more particularly described in paragraph 7 below. The Bidder User is responsible for independently ensuring that they are aware of those terms and conditions and undertake to bid in accordance with those terms and conditions.
- 5.2 Auction Technology Group is not a party to the contract for sale and purchase entered into between the Auctioneer, (and/or its principal) and the Bidder User, nor is Auction Technology Group acting as agent for any such person. Auction Technology Group shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.
- 5.3 No joint venture exists or shall exist between Auction Technology Group and any party.
- 5.4 No franchise exists or shall exist between Auction Technology Group and any party.
- 5.5 No partnership exists or shall exist between Auction Technology Group and any party.
- 6.1 Auction Technology Group does not charge Bidder Users for accessing the Website, the Auctioneer Site (if applicable) or using the Services.
- 6.2 The Auctioneer may charge Bidder Users in respect of auction bids or otherwise through commission payments or other charges. The Auctioneer may also take a specified amount(s) as a deposit directly from a Bidder User when the Bidder User signs-up for an auction. The Bidder User acknowledges that the Auctioneer may, from time to time, require further deposit amounts directly from the Bidder User where:
- (a) the Bidder User signs up for more than one auction; or
- (b) the Auctioneer, at its sole discretion, requires further security from the Bidder User for any reason
- 6.3 The Auctioneer may use the Website or Auctioneer Site (if applicable) to:
- (a) refund the Deposit(s) automatically after the auction if the Bidder User does not purchase an item through the Auctioneer;
- (b) hold the Deposit(s) for future auctions; or
- (c) allow the Bidder User to use the Deposit(s) as part payment of the full purchase price of an item.
- 6.4 The Bidder User acknowledges that any charges, Deposit(s) or commission arrangements that the Auctioneer may make or require for the Services or in respect of an auction are a matter between the Bidder User and the Auctioneer and are not the responsibility of Auction Technology Group. It is the responsibility of the Bidder User to check it is happy with any charges, Deposit(s) or commission arrangements before bidding or otherwise incurring any liability to the Auctioneer.
- 6.5 Payment, refunds and/or Deposit(s) due to or from the Bidder User may be dealt with via a third party payment processor (as more particularly described in paragraph 11.3) or the Auctioneer may, at its sole discretion, arrange a refund of the Deposit(s) via any other method (including but not limited to cheque or BACs). In any event, Auction Technology Group will not be directly involved in or responsible for such payments.
7. Auctioneer terms
- 7.1 Each Auctioneer will have their own terms and conditions ("Auctioneer Terms"): these terms and conditions may differ from those of another Auctioneer. A Bidder User accepts that in bidding at an auction they accept the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder User to ascertain the nature of these terms and to abide by them.
- 7.2 Whilst it is the responsibility of the Bidder User to read the Auctioneer Terms and to comply with them, the Bidder User is reminded that under English auction law and practice the following provisions typically apply (subject to any contrary provisions in the Auctioneer Terms):
- 7.2.1 the Bidder User must not bid in an auction where they are the seller nor must they procure or encourage any person to do so on their behalf;
- 7.2.2 the Bidder User must not contact other bidders prior to the full conclusion of the sale of the lot;
- 7.2.3 the highest bidder, where the reserve is met, and the bid is not subsequently declared by the Auctioneer to be inoperable, shall be bound by law to complete the transaction; and
- 7.2.4 each Bidder User shall be deemed to act as principal, unless in possession of written authority given by the Auctioneer to act for a third party.
- 7.3 Also, the submission of commission or Automatic Bids and their acceptance by the Auctioneer is a matter to be agreed between the Bidder User and the Auctioneer, provided that where commission or Automatic Bids are made or facilitated by using the Website, the Auctioneer Site and/or the Services these Bidder Terms shall apply.
8. Additional Auction Methods
- From time to time, an Auctioneer may use one of the following auction methods. Please see individual Auctioneer Terms.
- 8.1 Piecemeal Selling
- 8.1.1 An Auctioneer may offer 'Piecemeal Selling' where a Bidder User bids on one lot consisting of multiple items. The Auctioneer calls the bid at the unit price of the items.
- 8.1.2 If a Bidder User's bid is successful, it acknowledges and agrees that it will pay the per unit price multiplied by the number of items in the lot.
- 8.2 Options
- 8.2.1 Where the Bidder User's bid is successful, the Auctioneer may offer the Bidder User the option to buy additional lots at the same price as the successful bid price. The Bidder User is able to choose how many additional consecutive lots to buy (subject to availability) but is unable to choose any combination of lots, only consecutive ones.
- 8.2.2 This option only relates to lots immediately succeeding the first lot of a series. The Bidder User acknowledges that the lots are not necessarily identical.
- 8.3 Grouping
- 8.3.1 An Auctioneer may offer a group of lots to a Bidder User as one lot. Where the Auctioneer offers 'grouping' the purchase price payable by the Bidder User for the entire lot will be the price that the Bidder User bids on the lot. The Bidder User acknowledges and agrees that should it be successful when bidding on such a lot, it will be contracted to buy the entire group of lots in accordance with the Auctioneer Terms.
- 8.4 The lot prices in the methods detailed in 8.1, 8.2 and 8.3 exclude buyer's premium, VAT and any additional charges that may be charged by an Auctioneer and will be subject to the Auctioneer's Terms governing each bid.
9. No representation and warranties
- 9.1 Auction Technology Group makes no representations or warranties whatsoever in connection with what the Auctioneer may offer for sale through the Services or otherwise.
- 9.2 The Bidder User accepts that the Auctioneer is solely responsible for any undertaking, representation and/or warranties ("Representation") made in respect of a lot, including but not limited to: -
- 9.2.1 Representation as to quality of lots;
- 9.2.2 Representation as to the description of lots;
- 9.2.3 Representation as to fitness for purpose of lots;
- 9.2.4 Representation as to truth or accuracy of statements made;
- 9.2.5 Representation as to authenticity or provenance in respect of lots;
- 9.2.6 Representation as to legality of lots;
- 9.2.7 Representation as to title of lots;
- 9.2.8 Representation as to the liability of any party to the contract to complete the transaction.
- 9.3 Auction Technology Group has no knowledge as to, or responsibility for, the safety of lots. The Bidder User must not pre-suppose that all lots are risk free and not dangerous to the Bidder User. Auction Technology Group do not accept any responsibility to protect Bidder Users from injury or even death resulting from use of these lots.
- 9.4 Auction Technology Group have no knowledge as to, or responsibility for, the legality of lots. The Bidder User must not pre-suppose that all lots are lawfully sold in the relevant jurisdiction. Auction Technology Group do not accept any responsibility to protect Bidder Users from any illegality arising from their purchase or use of lots.
- 9.5 Auction Technology Group is not in control of the information made available by Auctioneers accessed via the Services. The Bidder User accepts that Auction Technology Group is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.
- 9.6 Auction Technology Group does not warrant that the Website and the Auctioneer Site (if applicable) is free from infection by viruses or any other technologically harmful material that may infect the Bidder User's computer equipment, computer programs, data or other proprietary material ("Bidder User's Computer System") arising out of the Bidder User's use of the Website or the Auctioneer Site. The Bidder User accepts that Auction Technology Group does not accept responsibility to protect the Bidder User's Computer System from such viruses or other contamination or destruction. Subject to paragraph 10.2.1, below, Auction Technology Group and its affiliates will not be liable for any loss or damage to the Bidder User's Computer System caused by a distributed denial-of-service attack.
- 10.1 Provision of the Services not guaranteed.
- 10.1.1 The Bidder User accepts that access to Auction Technology Group's Services (whether the Website, via the Auctioneer Site (if applicable) or the Services or access to a particular lot) may be withdrawn at any time. The Website, the Auctioneer Site (if applicable) and the Services may be interrupted and provision of the Website, the Auctioneer Site (if applicable) and the Services is not guaranteed. Bidder Users must make alternative provision for making bids prior to the sale (for example by telephone) and must not rely on and are not entitled to rely on Auction Technology Group's Services (whether the Website or the Services) or the use of the Auctioneer Site to make bids. Such Services and sites may not be continuous and may be interrupted by factors within or outside Auction Technology Group's control.
- 10.1.2 The Website, the Auctioneer Site (if applicable) and the Services are provided free of charge by Auction Technology Group (see paragraph 6 above) 'as is' and 'when is' available only. Auction Technology Group shall have no liability where a bid fails to be received by the Auctioneer or is delayed, or where the bid is made in error for whatever reason. Auction Technology Group is under no obligation to correct erroneous bids or to resubmit bids which were lost in transmission or otherwise not received by the Auctioneer.
- 10.2 Limitation of liability
- 10.2.1 The Bidder User accepts that Auction Technology Group's liability is limited to the fullest extent available in law. The Bidder User releases Auction Technology Group from all liability to the fullest extent permitted by law.
- 10.2.2 Auction Technology Group shall not be liable for the following (but not limited to); negligence, consequential damage, special, indirect and direct losses, loss of reputation, good will, contract, profits, revenues and (to the fullest extent permitted by law) all other losses arising out of or in connection with this agreement with the Bidder User.
- 10.2.3 Under no circumstances are Auction Technology Group liable for the Auctioneer Site or the acts or omissions of the Auctioneer with whom the Bidder User contracts or with whom Auction Technology Group link or facilitate communication with the Bidder User.
- 10.2.4 The Bidder User agrees to pursue any dispute, claim, action or right against any Auctioneer independently and without recourse to Auction Technology Group. The Bidder User agrees to release Auction Technology Group from all and any liability for any dispute, claim, action or right in any way associated with the Bidder User's use of the Website, the Auctioneer Site and the Services.
- 10.2.5 The Bidder User will be responsible for any losses or damages suffered or incurred by Auction Technology Group in respect of any inaccuracy of the Bidder User's data due to incorrect input of data by the Bidder User and the Bidder User shall indemnify Auction Technology Group against all liabilities, costs, expenses, damages and losses (including direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable professional costs) suffered or incurred by Auction Technology Group arising out of such inaccuracy of data.
- 10.2.6 Where, notwithstanding the above, liability is found against Auction Technology Group for any reason under or in connection with these Bidder Terms, the Auctioneer Site or the provision of the Website and/or the Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), Auction Technology Group's aggregate liability in any calendar year in aggregate for all claims in respect of any Bidder User shall be limited to £100 ("Bidder Cap") per Bidder User provided always that Auction Technology Group's aggregate liability to all Bidder Users in any calendar year shall be limited to £10,000. Where the total claims made against Auction Technology Group by Bidder Users in any calendar year exceed £10,000 then the Bidder Cap for each Bidder User shall be reduced accordingly on a pro rata basis so that Auction Technology Group's total aggregate liability in any calendar year in respect of all Bidder Users never exceeds £10,000.
- 10.2.7 The Bidder User agrees to indemnify Auction Technology Group to the fullest extent available in law where any claim, action or right against Auction Technology Group arises through the Bidder User's act or omission or breach of any of these terms and conditions. The Bidder User accepts and agrees that Auction Technology Group may in such circumstances take action against the Bidder User or seek to join the Bidder User to such a claim.
- 10.2.8 The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of Auction Technology Group's affiliates and subcontractors.
- 10.2.9 Nothing in these Bidder Terms shall operate to exclude or limit a party's or its affiliate's liability for death or personal injury caused by its negligence or for its fraud.
11. Personal information/debit/credit card details
- 11.2 Auction Technology Group also collects certain personal data (including the Bidder User's address, contact number and email address) from the Bidder User on behalf of the Auctioneers and the Bidder User agrees that Auction Technology Group is entitled to pass this information to the Auctioneer concerned.
- 11.3 The Bidder User acknowledges and agrees that Auction Technology Group has contracted a third party payment processor to manage the storage of Bidder User’s payment details and process payment as appropriate to enable payments to Auctioneers. The Bidder User's payment details will be stored in a PCI compliant manner by the third party payment processor and the Auctioneer can process payment, Deposit(s) and refunds via the third party payment processor. Such third party payment processors are obligated to protect the security and confidentiality of the Bidder User's information. In completing the bidder registration and providing debit/credit card details and unless alternative arrangements are agreed with the Auctioneer the Bidder User (i) authorises the Auctioneer to charge the debit/credit card given in part or full payment, including all fees (including where such fees may lawfully be charged any re-listing fees), for items successfully purchased at auction via the Website (or the Auctioneer Site) should the Auctioneer wish to do so, and (ii) warrants and represents that they are authorised to provide these debit/credit card details through the Website (or the Auctioneer Site) and agrees that the Auctioneer is entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
- 12.1 The Bidder User will keep confidential any information received from Auction Technology Group in connection with the Services and will not use the information other than as necessary to access and use the Services as expressly contemplated by these Bidder Terms. This restriction shall not apply to the extent the information (a) enters the public domain through no fault of the Bidder User; or (b) is required by law to be disclosed.
13. Force majeure
- 13.1 In no event shall Auction Technology Group be liable for any delays or failures attributable to any cause beyond its reasonable control. Failures of telecommunications networks, the Internet, and/or Auction Technology Group's or its subcontractor's IT systems, and the Auctioneer Site shall without limitation be deemed to be events beyond Auction Technology Group's reasonable control.
14. Third party rights
- 14.1 This agreement is only intended for the benefit of the parties (i.e. Auction Technology Group and the Bidder User) and where expressly provided the Auctioneer and Auction Technology Group's affiliates and subcontractors. The consent of the Auctioneer or Auction Technology Group's affiliates and/or subcontractors is not required to amend or vary these terms.
15. Entire agreement
- 15.1 These Terms constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.
- 15.2 Each of the parties acknowledges and agrees that in entering into an agreement based on these Terms it does not rely on any statement not contained within these Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.
- 16.1 Auction Technology Group may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.
- 17.1 Option to take and refund deposits automatically.