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Terms & Conditions of: BiddersSite.co.uk
Please Note! - New User Registration is for: UK & Ireland Residents Only.
1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
Use of BiddersSite.co.uk web site constitutes acceptance of the Terms & Conditions.
You accept and agree to be bound by the Terms & Conditions, operating
rules and/or policies, published by our website as described below (all
such Terms & Conditions, operating rules and/or policies as they may
be amended from time to time shall hereinafter be referred to as these
"Terms & Conditions"). Members may be referred to as "Member," "User,"
"Buyer" when a Member is being described as acting as a buyer in a auction
transaction, "Bidder" when a Member is being described as bidding on an
asset in order to act as a potential buyer in a auction transaction, and
"Seller" when a Member is acting as a seller in a auction transaction.
These Terms & Conditions comprise the entire agreement between Member
and our company and supersede all prior agreements between the parties,
regarding the subject matter contained herein.
1.2 DESCRIPTION OF AUCTION SERVICES
BiddersSite.co.uk acts as a venue for Sellers to list properties and Buyers
to bid on properties. We are not involved in the actual transactions between
Buyers and Sellers and assume no responsibility for actions made based
on information or services. In the event that any parties using our Site,
including Sellers, Buyers and Bidders, have a dispute, the Company (including
our officers, directors, agents, affiliates, and employees) is not liable
for any claims, demands and damages arising out of or in any way connected
with such disputes. The information published on the Site may include
inaccuracies or errors. While BiddersSite.co.uk strives to keep the information
on the Site accurate, complete and up-to-date, BiddersSite.co.uk can not guarantee,
and will not be responsible for any damage or loss related to the accuracy,
completeness or timeliness of the information. Such information is provided
without warranty of any kind. In no event shall the Company (and our officers,
directors, agents, affiliates, and employees) be liable for any claims,
demands and damages arising out of or in any way connected with the use
of the Site, the delay or inability to use BiddersSite.co.uk, or any information
or services obtained from the Site.
1.3 WHO CAN BID?
Bidders must register with BiddersSite.co.uk as a Member and be capable of forming
legally binding relations under applicable law. The services provided
are not available to individuals under the age of 18 years old and any
other individuals who are legally prohibited from, or otherwise incapable
of, entering into binding contracts.
1.4 WHO CAN SELL?
Sellers must be the rightful owners or authorized by the owners of such
property, a court of law, or through power of attorney to sell an Asset.
Sellers must produce evidence of ownership and/or authorization to sell
an Asset upon request of our company or a Buyer.
1.5 PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on BiddersSite.co.uk
and are deemed "sold" at the close of bidding which will be set at a time
pre-determined by the Seller. Each Asset will have a description and disclosure
information on BiddersSite.co.uk, as well as any additional conditions of sale
provided by the Seller. Once bidding commences, Bidders may make a bid
at any time prior to closing of the bidding. All Assets will have a minimum
bid price disclosed on the Site. For certain Assets, the Seller may impose
a reserve price which is not disclosed on the Site. If there are no bids
above the minimum bid or reserve price (whichever is higher), then the
Seller is not obligated to sell the Asset. After bidding closes on each
Asset, We will send the highest Bidder and Seller an email detailing the
highest bid and contact information. In all auctions Buyers who receive
a winning bid notice are legally bound to buy the asset at the quoted
bid amount (see "Contractual Obligations of Buyers and Sellers" below),
and the Seller is legally bound to sell the asset, pursuant to these Terms
& Conditions, subject to the additional conditions of sale specified
by Seller. The Seller is obligated to contact the winning Bidder within
three (3) business days to complete the transaction (or the Seller may
engage a representative, including our company, to contact the winning
Bidder on the Seller's behalf, pursuant to prior agreement). After three
(3) business days if the Seller is unable to contact the winning Bidder,
for whatever reason, the Seller may, in its sole discretion (a) continue
to attempt to contact the high bidder with assistance from us; (b) after
contacting us, contact the second highest Bidder and sell the Asset to
the second highest Bidder; or (c) re-list the asset on the Site. By selling
an Asset to the next highest Bidder, neither the Seller nor our company
is releasing any claims he/she/it may have against the highest Bidder
for non-performance. Once the Seller contacts the winning Bidder, the
Seller and winning Bidder shall complete the settlement of the purchase
and sale of the Asset pursuant to "Settlement of Transactions" below.
1.6 SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed
bidding process shall be conducted pursuant to this Section, unless otherwise
provided in the Seller's conditions of sale or in a written agreement
executed by the Buyer and Seller. Unless otherwise provided in the Seller's
conditions of sale or otherwise agreed upon by the Seller and Buyer in
writing, final settlement shall take place no later than seven (7) business
days after Buyer is given a Winning Bid notice.
1.7 USER NAME AND PASSWORD
Once a party becomes a Member of BiddersSite.co.uk, the Member will select a user
name and a password. Members are entirely responsible for maintaining
the confidentiality of their user names and passwords. Furthermore, Members
are entirely responsible for any and all activities, which occur under
a Member's ID and password. Member agrees to immediately notify us of
any unauthorized use of Member's ID or any other breach of security known
1.8 CONTRACTUAL OBLIGATIONS OF BUYERS
Terms & Conditions As Contract. These Terms & Conditions, together
with any additional conditions of sale provided by a Seller for a particular
Asset disclosed on the Site, comprise a contract between a Seller and
the winning Bidder in any completed auction. By bidding on an Asset a
Bidder agrees, and by listing an Asset on BiddersSite.co.uk, a Seller agrees, to
be bound by these Terms & Conditions and the Seller's conditions of
sale included in the Asset's description, so long as those conditions
of sale are not in violation of these Terms & Conditions or unlawful.
In the event of any direct conflict between these Terms & Conditions
and any conditions of sale provided by a Seller, then these Terms &
Conditions shall prevail, except that in the event of a direct conflict
regarding the timing and requirements of settlement provided in the Section
entitled "Settlement of Transactions" above, then the Seller's conditions
of sale shall prevail with respect to such provisions.
1.9 BINDING CONTRACT BETWEEN BUYER AND
A bid made by a Buyer is an offer to purchase the asset from the Seller
at the stated bid price. The bid is an irrevocable offer, subject only
to material changes in the description of an asset made after such bid
is placed by a Buyer. Buyers are required to conduct any research or due
diligence of an asset prior to making a bid (See "Other Responsibilities
of Bidders/Buyers" below). All Assets are listed and sold on an "as is"
basis. If a Buyer bids on an asset and that bid represents the highest
bid for that asset, and the highest bid is at or above the Seller's minimum
and/or reserve price (whichever is higher), the Buyer's bid is deemed
accepted by the Seller (subject to these Terms & Conditions, including
the right of a Buyer to change or retract a bid in the event of a material
change in the description of the Asset, as set forth below), except for
an exceptional circumstance, such as a typographical error. Once a Buyer's
bid is accepted by the Seller, the Buyer is obligated to purchase the
asset at the price he/she/it offered and pursuant to these Terms &
Conditions and the Seller's conditions of sale. If a Seller receives at
least one bid at or above the Seller's stated minimum price (or in the
case where the Seller has set a reserve price, at or above the reserve
price), the Seller is obligated to complete the transaction with the highest
Bidder upon the completion of the bidding, unless there is an exceptional
circumstance, such as a clear typographical error or other conditions
stated in these Terms & Conditions.
1.10 CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of BiddersSite.co.uk by Members shall
be conducted in compliance with applicable law. Purchases made on BiddersSite.co.uk
are entirely without recourse to our company. All Members acknowledge
and agree that closing of all sales of Assets may be subject to final
approval of a court (including a bankruptcy court) or other agency and
that if such approval is not obtained, the Seller may withdraw such Asset
after a completed bidding process without any recourse or liability on
the part of Seller.
1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions,
and Buyers and Sellers shall be entitled to enforce the provisions hereof
and may pursue legal action against each other for non-performance of
any provision hereof, including without limitation, non-performance of
a purchase and sale after a completed bidding process. In addition, our
company retains the right to terminate a Member's rights to use BiddersSite.co.uk
in the event a Member violates these Terms & Conditions. All Assets
are listed and sold on the Site on an "as is" basis. Bidders are required
to conduct any research or due diligence of an asset that they wish to
conduct prior to making a bid. After the online bidding is complete, unless
otherwise indicated/engaged, Buyers are responsible for taking all necessary
actions to complete the sale once a Winning Bid notice is given to Buyer.
We retains the rights to terminate a Buyer's rights to use BiddersSite.co.uk in
the event a Buyer fails to perform its obligations to settle on a completed
1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe Assets in a listing
provided for inclusion on BiddersSite.co.uk and shall be liable for any misstatements
or omissions in such description. Failure to accurately describe an Asset
could be fraudulent and could subject a Seller to civil and/or criminal
liability, as well as being in violation of these Terms & Conditions.
Our company retains the right to terminate a Seller's rights to use the
Site in the event a Seller includes material misstatements or omissions
in an Asset's description. Prior to listing an Asset, Sellers shall provide
to us any terms or conditions of sale for particular Assets in addition
to these Terms & Conditions. Sellers are responsible for complying
with all applicable local, state, federal, or foreign laws, rules, regulations
and legal approvals regarding the sale of any Assets. Sellers are also
solely responsible for ensuring that all items offered for sale are offered
in full compliance with any applicable legal limitations or restrictions.
1.13 PAYMENT OF COMMISSION
Each Seller in a transaction for which a Winning Bid notice is issued
shall pay our company the agreed upon commission based on the final sales
price for the asset in question. Such amount shall be paid to us within
thirty (30) days of invoicing.
1.14 SUPERVISION OF CONTENT
We reserves the right to supervise all material, content and information
on its Site, including, but not limited to, asset listings and bidding
activity, to determine compliance with the Terms & Conditions and
all current and future operating procedures and rules of conduct established
by our company. We reserves the right, at its sole discretion, to amend,
edit, remove or otherwise block any material posted by a Member, which
may violate any state, federal or local law or violate any aspect of these
Terms & Conditions or which may otherwise jeopardize the business
operations or goals.
1.15 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions
through BiddersSite.co.uk. Member's use of the Site is subject to all applicable
local, state, national and international laws and regulations. Member
agrees: (a) to comply with international law regarding the transmission
of technical data exported from any country through the Site; (b) not
to use the Site for illegal purposes; (c) not to interfere or disrupt
networks connected to the Site; and (d) to comply with all regulations,
policies and procedures of networks connected to the Site. Member agrees
not to transmit through BiddersSite.co.uk any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. Member further agrees
not to use BiddersSite.co.uk in a manner that violates any national, international,
federal, state, local or statute laws, including but not limited to the
sale of any regulated substances.
1.16 NO RESALE OR COMMERCIAL USE OF THE
SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not
to resell or make any commercial use of the services provided on BiddersSite.co.uk,
without the express written consent of our company. Member acknowledges
that content appearing on the Site may be protected by copyrights, trademarks
or other proprietary or personal rights and that applicable laws will
govern the Member's use of such content. Member agrees that without the
prior written consent of our company, Member shall not resell the Site,
or the services provided on the Site, or use the Site for the transmission
of commercial solicitations (other than an offer by Seller of Assets for
sale) or for the receipt of responses to commercial solicitations (other
than a Buyer's interest in purchasing Assets offered for sale through
the Site) without the express written consent of our company. Member agrees
not to, for a commercial purpose, upload, transmit, reproduce, distribute
or participate in the transfer or sale, or in any way exploit, any content
obtained through the Site. Member agrees not to use BiddersSite.co.uk for the transmission
of (or receipt of responses to) chain letters, lotteries, gambling or
pyramid schemes of any kind. Member agrees not to use BiddersSite.co.uk to disseminate
any message in a broad-based mailing without the prior written permission
of our company. Member agrees not to forge communications or take any
other action that would disguise the origin of communications Member transmits
through the Site. Member agrees not to permit another person to transmit
communications that falsely identifies the Member's account as the origin
of such communication. Nothing herein shall limit or prevent any Buyer
from re-selling any Asset purchased through BiddersSite.co.uk
1.17 LIMITATION OF LIABILITY
NEITHER BiddersSite.co.uk, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE
ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OUR AUCTION SITE OR INABILITY
TO USE OUR COMPANY (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL
OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING
FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL
INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF THEFAIRBID.COM PROVIDERS)
EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM
OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF OUR
COMPANY, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS,
LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE
RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF.
THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL SURVIVE
ANY TERMINATION OF THIS AGREEMENT.
The below are banned from being listed here at
Explicit Adult Material,
Stolen, illegal or Counterfeit Goods.
Any violations found or reported, will
result in removal of any said items and termination of membership!
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