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Sunday, May 20, 2012

Reverse Price Auctions - Terms & Conditions

Page Index

1. Introduction

  • 1.1. This page tells you the terms and conditions on which:
    • 1.1.1. You may access or use our website www.reversepriceauctions.com.au (our site) and any associated sites owned by us, whether as a guest or a registered user. Please read these Terms & Conditions carefully before you start to use our sites.
    • 1.1.2. You may participate in auctions on our website www.reversepriceauctions.com.au (our site). Please read these Terms & Conditions carefully before participating in any auction. You should understand that registering interest and/or by (pre)booking a seat for any auction, you agree to be bound by these Terms & Conditions.
  • 1.2. Any information provided on this website and via advertisements on how to enter the auction, about the lot and any information given with the Lot will also form part of these Terms & Conditions.
  • 1.3. In the case of conflict between these Terms & Conditions and any specific rules and Terms & Conditions set out for an auction, the auction specific rules and Terms & Conditions shall prevail.
  • 1.4. By using our sites, you indicate that you accept these Terms & Conditions and that you agree to abide by them. If you do not agree to these Terms & Conditions, please refrain from using our sites.
  • 1.5. These Terms & Conditions apply to all users of, and visitors to, our sites. Terms & Conditions pertinent to Sellers will be provided on a case by case basis.

2. Definitions

  • 2.1. Auction: the auction model offered by us consists of an online interactive Blind Timed Reverse Auction. No bidder knows the true identity of other bidders or the amount of other bid values during the auction, and at auction close the bidder who was the first fully registered bidder to submit the highest bid below the lot reserve price has the opportunity to buy the Lot.
  • 2.2. Auction Close: When a successful bidder has entered into a legally binding contract to purchase the lot or the time clock has reached the end of the allotted time which ever is the sooner.
  • 2.3. Auction Console: an area of the Reverse Price Auctions site that contains the Bidding Console.
  • 2.4. Auction Life: the various phases during the course of an auction: Pre interest registration; Pre-Booking; Booking / Registration; Locked; Live; Closed; and Cancelled.
  • 2.5. Bid: the value submitted to secure the opportunity to purchase a specified Lot.
  • 2.6. Bids available to queue: the number of bids available to a Bidder for submission during the 'Booking' phase.
  • 2.7. Bid queue: the number of Bids a Bidder has submitted in a particular scheduled auction (i.e. Booking phase).
  • 2.8. Bidder: a User who participates in an auction by submitting bids in accordance with these Terms & Conditions.
  • 2.9. Bidder Id: the unique id assigned to User when they register on the site.
  • 2.10. Bidding Console: an area where a Bidder can submit bids and monitor changes in bid status during an Auction.
  • 2.11. Booking / Registration: This Auction Phase starts when minimum bidder numbers have been reached for that particular auction, this phase runs for a total of 23 days or until it reaches the locked stage. A scheduled start date/time is also set at the start of this stage, which is 30 days from the start of booking registration stage.
  • 2.12. Cancelled: a Lot that has been removed and the auction fails to progress to a Live auction.
  • 2.13. Current Status: an area within an Auction console where a Bidder can view live information on the status of their submitted bids.
  • 2.14. Live: an Auction that has started and submitted Bids are processed.
  • 2.15. Locked: is the phase where no more seats are available for purchase and queued bids are processed for this auction, this phase starts 23 days from the auction entering the registration/booking phase. This phase runs for a time period of 7 days prior to auction start date/live phase.
  • 2.16. Lot: the stipulated item offered at auction.
  • 2.17. Lot Value: The displayed value of the Lot.
  • 2.18. Minimum bidder numbers: the stipulated minimum number of bidders that are required for the auction to proceed.
  • 2.19. Maximum bidder numbers: This is the maximum numbers of bidders permitted to attend a particular auction.
  • 2.20. Pre-book: a user can book a seat in advance of an auction being scheduled.
  • 2.21. Pre registration preview: where the Lot is advertised on our Site in order to elicit whether there is enough interest in the Lot in order to continue onto the next stage of the auction process.
  • 2.22. Public auctions: Public auctions: an auction available to registered users for the purpose of bidding against each other to secure the opportunity to purchase the Lot.
  • 2.23. Queued bids: the number of bids a bidder has submitted during the booking/registration phase of an auction.
  • 2.24. Affiliate/Referrer: an entity (either individual User or Organization) who recommends Our Site to registered bidders.
  • 2.25. Affiliate Referral fee: an amount paid to the Referrer for referring people to our site who become paid registered bidders in a particular auction.
  • 2.26. Affiliate Bonus fee: is a fee paid to a referrer when one of their referees goes on to success in an auction and buys the auction lot. This fee will vary from lot to lot and is paid at the sole discretion of RPA.
  • 2.27. Referral Code: a unique code used to identify the Referrer; this could be the unique bidder id of an active RPA user or a pre-agreed unique id provided by RPA specifically as a Referral Code.
  • 2.28. Seat: access to an auction to bid online.
  • 2.29. Service: the opportunity to use our Site and experience an auction, either as a bidder or spectator.
  • 2.30. Site: our website or WAP site.
  • 2.31. Successful bid: the first highest bid below the reserve price, set by RPA.
  • 2.32. Successful bidder: the bidder/user account who placed the successful bid.
  • 2.33. Us/we: Reverse Price Auction Proprietary Limited.
  • 2.34. User account: membership of our site which the user can use to e.g. buy seats, spectate, manage their personal information, receive updates etc.
  • 2.35. User/you: any person accessing our sites, entering the auctions or using the services provided.
  • 2.36. Value guide: an indication/approximation towards the worth of the lot. Property will be valued by a registered property valuer and or a registered licensed real estate agent.
  • 2.37. RPA: Reverse Price Auctions.

3. General

  • 3.1. These Terms & Conditions shall apply to:
    • 3.1.1. Any legal or natural person ('the User') accessing this site, entering the auctions or using the services provided.
      • 3.1.1.1. For the purposes of these terms and conditions 'entering an auction' includes but is not restricted to registering interest at preview; (pre)booking a seat; obtaining a promotion/private auction code or being a spectator.
    • 3.1.2. All RPA auctions and websites namely unless otherwise expressly stated.
  • 3.2. By using this site and the associated services or entering a RPA auction, the user:
    • 3.2.1. Deems to accept these Terms & Conditions as well as the Terms & Conditions of any relevant third party.
    • 3.2.2. Warrants that all information submitted by you is true, current and complete.
    • 3.2.3. Warrants that you are of 18 years of age or over and of mental capacity and are entitled to be legally bound in contract.
    • 3.2.4. Will comply with all applicable laws, regulations and codes.
    • 3.2.5. Will not impersonate another person or use a false name or email address.
  • 3.3. If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  • 3.4. In the event of any dispute regarding the rules, Terms & Conditions, conduct, results and all other matters relating to an auction, the decision of the directors of RPA Limited on all matters shall be final and no correspondence or discussion shall be entered into.
  • 3.5. These Terms & Conditions are not intended to create any partnership, agency or joint venture.
  • 3.6. We will take all reasonable care to ensure that all details and descriptions are correct at the time when the relevant information is entered into the system.
  • 3.7. We reserve the right to withdraw items from our auctions and/or to substitute alternative items available in each Lot and/or amend any aspect of the details at any time.
  • 3.8. We have the right to revise and amend these Terms & Conditions from time to time.

4. Auction Participants

  • 4.1. A user must register with our site in order to participate in an auction, either as a bidder or a spectator. Bidders can participate by bidding and spectators enjoy one aspect of that experience by viewing the progress of that auction in the Spectator's Gallery.
  • 4.2. By registering with our site, you warrant that:
    • 4.2.1. You are legally capable of entering into binding contracts;
    • 4.2.2. You are at least 18 years old;
    • 4.2.3. You are neither an officer, employee, contractor or agent of RPA Limited, nor the spouse, partner, child, friend, associate or relative of such person;
    • 4.2.4. You will not use this site for any purpose that is unlawful under the laws of any country binding on the user, whether in respect of the nature of the items sought to be won or otherwise, or prohibited by these Terms & Conditions;
    • 4.2.5. You will keep safe and secure and confidential all passwords and credit and debit card data used on the site and will fully and effectively indemnify RPA against all loss or damage caused by any misuse of such passwords or data;
    • 4.2.6. You will not create more than one user account at any given time;
    • 4.2.7. You will print out and retain, and make available to RPA at all times, copies of all notices making or confirming any order transacted on this site.
  • 4.3. Proof of eligibility must be provided on request.
  • 4.4. RPA will use the User's IP and billing address to determine if a person is classed as being outside of Australia. Users will be required to confirm their non-Australian status for the purposes of GST.
  • 4.5. Any user who also owns the item in a Lot is prohibited from bidding in the auction of that Lot. Any users who are the spouse, partner, child, relative, friend, employer, employee or are in any way associated to the owner or the Lot are also prohibited from bidding in that auction.
    • 4.5.1. In the event where We become aware of the user's actions to such effect then we reserve the right to seek recovery of the Lot and apply the penalties as outlined under clause 4.6.
  • 4.6. RPA reserves the right in their reasonable discretion to disqualify/suspend/terminate any user account and/or declare as void any or all claims/bids of any user:
    • 4.6.1. Whose conduct is contrary to the spirit of the rules, Terms & Conditions or intention of the auction; or is abusive, aggressive or obscene.
    • 4.6.2. Who is the owner of a Lot; or is their spouse, partner, child, relative, friend, employer or employee; or is in any way associated to the owner or the Lot.
    • 4.6.3. Resulting from the purchase of multiple seats in an auction.
    • 4.6.4. Resulting from a user account that has been set up with incorrect, misleading or obscene details.

5. Auction Types

  • 5.1. Public
    • 5.1.1. A user must register with our site in order to register interest and/or (pre)book or book a seat in a public auction.
    • 5.1.2. Payment will only be accepted online and in the manner advised.
    • 5.1.3. Users may pre-book or book only one seat in a specific auction.

6. Auction Stages

  • 6.1. The terms and conditions for the phases described below may apply to all auction types but for completeness follow the course for a public auction.
  • 6.2. The life of our auctions may involve one or many phases.
  • 6.3. Preview/interest registration:
    • 6.3.1. A user may register interest in an auction at preview only once.
    • 6.3.2. Registering interest at this stage:
      • 6.3.2.1. May entitle the user to a future (preview) discount on the seat price;
      • 6.3.2.2. Requires the user to (pre)book or book a seat for that auction in order to bid in that auction; and
      • 6.3.2.3. Does not guarantee that a seat will be available.
    • 6.3.3. The seat price information requested from the user is for information only and is not indicative of the final seat price.
    • 6.3.4. RPA will not indemnify any User for any loss caused by failure to (pre)book a seat in an auction.
    • 6.3.5. Any preview discount that may apply is non-transferable and is only valid for the specific auction in which an interest was registered by the user.
  • 6.4. Pre-book/registration:
    • 6.4.1. This stage remains in place until the required number of bidders have been met for the auction to proceed to the next stage or the auction lot is cancelled which ever is the sooner.
    • 6.4.2. A user must register with our site in order to pre-book a seat in an auction.
    • 6.4.3. Payment will only be accepted online and in the manner advised.
    • 6.4.4. Users may pre-book only one seat in a specific auction.
    • 6.4.5. There is no guarantee that a user will be able to utilize the total number of bids allocated to a seat.
    • 6.4.6. If a user has registered interest in an Auction at the Preview phase, the preview discount will be applied when they pre-book a seat.
    • 6.4.7. If a user has a valid promotion code they must enter it when they pre-book a seat.
      • 6.4.7.1. RPA will not indemnify any User for any loss caused by failure to provide a promotion code.
    • 6.4.8. Pre-booking a seat does not guarantee that an auction will take place.
    • 6.4.9. For seats that are pre-booked, A 25% deposit payment will be taken until the auction is scheduled i.e. status changes to ‘Booking’. From this point all money becomes non refundable.
    • 6.4.10. It is the user's responsibility to ensure that any payment details provided are current and valid.
      • 6.4.10.1. RPA will not indemnify any user for any loss caused by failure to provide current and valid payment details.
  • 6.5. Booking/registration
    • 6.5.1. Starts once we have reached the minimum number of bidders required for the auction to progress to this stage
    • 6.5.2. The time period for this stage is 23 days from the time minimum bidder numbers have been met
    • 6.5.3. A user must register with our site in order to book a seat in an auction.
    • 6.5.4. Payment will only be accepted online and in the manner advised.
    • 6.5.5. Users may book only one seat in a specific auction.
    • 6.5.6. If a user has registered interest in an Auction at the Preview phase, the preview discount will be applied when they book a seat.
    • 6.5.7. If a user has a valid and applicable promotion code they must enter it when they book a seat.
      • 6.5.7.1. RPA will not indemnify any User for any loss caused by failure to provide a promotion code.
    • 6.5.8. No refund will be made for any charge incurred for 'booked' seats i.e. auctions that are scheduled.
    • 6.5.9. A user may only queue bids while the auction is in the 'booking/registration' phase.
    • 6.5.10. It is the user's responsibility to ensure that any payment details provided are current and valid.
      • 6.5.10.1. RPA will not indemnify any user for any loss caused by failure to provide current and valid payment details.
  • 6.6. Locked
    • 6.6.1. The locked stage of the auction is the period of 7 days from the end of the booking stage time frame to the live auction stage which is the auction start date.
    • 6.6.2. No seats will be available to purchase once an auction is in the 'locked' phase.
    • 6.6.3. No bids can be queued once an auction is in the 'locked' phase.
    • 6.6.4. Bids that have been queued will be processed prior to the auction progressing to the 'live' phase.
  • 6.7. Live
    • 6.7.1. This stage is the auction start date, and is 7 days after the start of the locked stage.
    • 6.7.2. No seats will be available to purchase when an auction is 'live'.
    • 6.7.3. Bidders may submit bids at the booking stage up to the stated limit allocated to their seat.
    • 6.7.4. The total number of bidder’s seats available in an auction is subject to minimum and maximum numbers and availability.
    • 6.7.5. We reserve the right to reduce the overall number of bids available in an auction or those specific to individual bidders.
    • 6.7.6. There is no guarantee that a bidder will be able to utilise the total number of bids allocated to a seat.
    • 6.7.7. All bids must be submitted correctly following the instructions provided.
    • 6.7.8. Automated/technology generated bids will be void.
    • 6.7.9. Any bids made by agents, in bulk or from third parties will be void.
    • 6.7.10. We reserve the right with reasonable discretion to declare as void any claims or bids:
      • 6.7.10.1. Resulting from the purchase of multiple seats in an auction by an individual User.
      • 6.7.10.2. Resulting from a user account that has been set up with incorrect, misleading or obscene details.
      • 6.7.10.3. Resulting from printing, production and/or distribution errors, including but not limited to, any errors in any newspapers, this website, radio/TV advertising, text messages, WAP pages and/or printed materials.
      • 6.7.10.4. Where there have been any errors in any aspect of the preparation for or conduct of the auction materially affecting the result of the auction or the number of bidders or the value of bids.
    • 6.7.11. If bids are not made in the manner specified, or the relevant seat price is not fully paid before an auction starts, then the bids will be invalid.
    • 6.7.12. We can make no guarantee of network access to the auction and are not responsible for network, telephone line or communication failures of any kind or for bids that are incomplete, incorrect, illegible, incomprehensible or not received. Such bids will be invalid.
    • 6.7.13. Failure of a bid to be delivered in the manner specified will make the bid invalid.
    • 6.7.14. In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the auction the decision of RPA shall be final.
  • 6.8. Paused
    • 6.8.1. We have the right to temporarily stop a live auction due to:
      • 6.8.1.1. Suspected or actual cheating or irregularity in bidding by bidder(s).
      • 6.8.1.2. Any event that has the potential to cast doubt on the integrity of bidders or the bidding mechanism.
  • 6.9. Cancelled
    • 6.9.1. RPA has the right to cancel an auction.
    • 6.9.2. Any monies taken as payment towards a seat will be refunded.
  • 6.10. Closed
    • 6.10.1. The auction will end when there has been a successful bidder established and they have entered into a legally binding contract for sale or purchase, or the time clock has run the full allocated time period for that specific auction which ever is the sooner.
    • 6.10.2. We may refuse to proceed with the sale, or seek its recovery, in the event of bidder's fraud, dishonesty or non-entitlement under these Terms & Conditions or as a result of improper actions by or on behalf of users, illegal or otherwise.

7. Successful Bidder

  • 7.1. The first bidder with a users account that has placed the highest bid below the set reserve price with us at the booking registration stage, will be the successful bidder and will be offered the opportunity to purchase the lot at their current bid price.
  • 7.2. We will offer the Lot to the successful bidder only.
  • 7.3. If at auction close:
    • 7.3.1. The first successful bidder is unable to enter into a contract to purchase the Lot on offer, an offer to purchase the auction Lot will be made to the next registered bidder who placed a bid at the same bid price.
    • 7.3.2. If there is no second bid placed at the successful bid price, an offer to purchase the auction Lot will be made to the first registered bidder who placed a bid at the next highest bid increment.
    • 7.3.3. This process will continue until a successful bidder is identified.
  • 7.4. The successful bidder will be contacted using the email address and or phone number supplied on their online registration details.
  • 7.5. If the successful bidder cannot be contacted then we reserve the right to disqualify their bid and identify and nominate a substitute successful bidder. This process will continue until a successful bidder is identified.
  • 7.6. On completion of each auction, the successful bidder must confirm in writing within 48 hours of notification that they wish to proceed and accept the Lot.
  • 7.7. If the successful bidder fails to respond within 48 hours, or at any time declines the Lot, they forfeit their right to claim it in perpetuity.
  • 7.8. In the event that the successful bidder does not, or is unable to, comply with and meet these Terms & Conditions, RPA shall be entitled at its discretion to disqualify the successful bidder, without any further liability to the successful bidder.
  • 7.9. Successful bidders must accept that his/her names will be published/announced on the website, on air or in print, and it is a condition of participation that the successful bidder co-operates fully for publicity purposes if so required.

8. Affiliate Membership

  • 8.1. Affiliates are identified by their unique Affiliate Code which is allocated by the system when they successfully create a new RPA Affiliate Account.
  • 8.2. Affiliate identification cannot be changed retrospectively.
  • 8.3. If the affiliate is a RPA User and the user is not a fully paid financial affiliate member or their account has been suspended or closed they will not be eligible to receive an affiliate bonus, and any claim fro the bonus will be deemed invalid. An affiliates membership account cannot be reactivated for the sole purpose of claiming an affiliate bonus.
  • 8.4. Affiliates cannot use their own Referral Code when creating a RPA User account.
  • 8.5. Your RPA affiliate account will be activated when you have registered and paid for the applicable affiliate Membership.
  • 8.6. The Successful Bidder and the User qualifying for the Affiliate Bonus cannot be the same person.
  • 8.7. If any details supplied by the affiliate via their affiliate Account are found to be incorrect or fraudulent their claim will be deemed invalid and no Affiliate Bonuses or referral fees will be paid.

9. Affiliate Bonus

  • 9.1. The decision to award a affiliate bonus is at the discretion of RPA and the affiliate bonus will change from auction to auction.
  • 9.2. An affiliate bonus will not be offered if no reference is made by the registrant who referred them while they are in pre-booking and booking stage.
  • 9.3. If an affiliate bonus is offered:
    • 9.3.1. it will apply to that auction only; and
    • 9.3.2. only valid affiliate, under the terms of section 7.10, will be eligible to claim.
  • 9.4. The affiliate will be contacted using the email address supplied on their online registration details. It is the responsibility of the affiliate to ensure their email service is able to accept emails from RPA.
  • 9.5. The affiliate must claim their referral bonus within three months after close of the qualifying auction. Failure to claim the affiliate bonus within this period will invalidate their claim and We will have no further liability to the affiliate.
  • 9.6. Payment of the affiliate bonus will be timed to coincide with the purchase of the Lot.
  • 9.7. It is the affiliates responsibility to ensure We have the correct details to facilitate payment of the affiliate Bonus.
  • 9.8. Payment will be in AUS $ only and will be sent by cheque, money transfer, or Paypal, whichever method we deem to be the most convenient. Proof of identify may be required prior to transfer.
  • 9.9. Payment will be made only to the affiliates to a bank account held in their name.
  • 9.10 The affiliate is responsible for any local taxes or costs associated with the affiliate bonus, or its transfer.
  • 9.11. Payment of the affiliate bonus is at the sole discretion of RPA. Any suspected or actual attempts to defraud RPA or to obtain the referral bonus through deception will result in the affiliates account being suspended/closed and all claims will be void.

10. Auction Lots

  • 10.1. Property:
    • 10.1.1. When registering and booking for an auction lot that is a property for sale at auction, the user must:
      • 10.1.1.1. have nominated a registered practising solicitor or property conveyancer which you have engaged to do your property conveyancing.
    • 10.1.2. For Property Auctions, the Lot will be the opportunity to own the stipulated property, subject to a legal contract to purchase being entered into and upon Terms & Conditions that will be provided to the successful bidder after auction close.
    • 10.1.3. Any value/rental guides provided for properties will be supplied by a registered property valuer and or licensed real estate agent, and are indicative only and not legally binding.
    • 10.1.4. Specification, description and lease/freehold details for each property will only be provided on the web page for each auction and do not constitute full particulars.
    • 10.1.5. RPA does not:
      • 10.1.5.1. Advise on valuation or price.
      • 10.1.5.2. We do not take any responsibility for the accuracy of the information contained on the Site and the documents provided. We recommend that all particulars are independently verified.
    • 10.1.6. Legal fees, relevant taxes and any other property purchase costs will not be included, unless otherwise specified.
    • 10.1.7. The successful bidder will be responsible for payments for service/maintenance charges, land taxes and all other costs for the property following the transfer of the title.
    • 10.1.8. Properties will not be provided furnished unless otherwise stated, notwithstanding any standard appliances and/or fittings already in place e.g. bathroom fittings; fitted kitchen; washing machine; dishwasher.
    • 10.1.9. No guarantees are provided as to the working condition of any appliances, fittings, heating or electricity systems or utilities in the properties offered within the auction lots.
    • 10.1.10 At auction close:
      • 10.1.10.1. The successful bidder will have the opportunity to own the property comprised in the lot, subject to a legal binding contract being entered and upon Terms & Conditions that will be provided to the successful bidder after auction close.
      • 10.1.10.2. We recommend that professional legal advice be taken when proceeding with a property purchase.
    • 10.1.11. The successful bidder:
      • 10.1.11.1. is not bound to purchase the property and may withdraw from the purchase process at any time prior to exchange of contracts for property ownership.
      • 10.1.11.2. will be given the property address or RP number and/or provided reasonable access to the property/site. This will be provided only after written confirmation to proceed is received from the successful bidder.
      • 10.1.11.3. will be responsible for any and all travel, accommodation, subsistence and visa arrangements, costs and requirements.
      • 10.1.11.4. Must comply with and assist the process and timescales (legal or otherwise) to enable the transfer of ownership. If the property settlement is not completed within 30 days of notification from RPA to the successful bidder then the property will be offered to the next highest bidder in the auction.
      • 10.1.11.5. Will have sole responsibility for all relevant taxes/fees with respect to taking ownership of the property.
  • 10.2. Currency Auctions:
    • 10.2.1. For Currency auctions, the Lot will be the opportunity to buy the stipulated currency.
    • 10.2.2. Payment will be in the Currency of the Lot and any variations in currency exchange rate will not be represented in the amount sent by RPA.
    • 10.2.3. Payment will be made only to the successful bidders solicitors trust account
    • 10.2.4. The successful bidder is responsible for any local taxes or costs associated with the Currency or its transfer.
  • 10.3. Seller's Profit Improver Package:
    • 10.3.1. You must have entered into a listing contract for the sale of your property with a licensed real estate agency. And,
    • 10.3.2. You must have nominated a registered practising solicitor or property conveyancer which you have engaged to do your property conveyancing.
    • 10.3.3. Within 48 hours of the successful bidder being notified, the bidder must either:
      • 10.3.3.1. Decline in writing the offer to purchase the auction lot. If you decline to purchase the auction lot, the lot will then be offered to the next highest bidder below the reserve price. Or,
      • 10.3.3.2. Accept in writing that you wish to purchase the auction lot. Upon acceptance to purchase the auction lot you must enter into a purchase agreement for the auction lot with RPA.
    • 10.3.4. After the signing of the purchase agreement for the auction lot, RPA will then issue within 48 hrs, to the purchasers nominated solicitor, an invoice for the amount of the purchasers successful bid, and also deposit the successful bidders package funds into the nominated solicitors trust account.
    • 10.3.5. Within 24 hours of the nominated solicitor receiving the purchaser's funds and the invoice from RPA, the solicitor is to pay the nominated invoice payment directly to RPA's nominated bank account.
  • 10.4. Buyer's Head Start Package:
    • 10.4.1. You must have entered into a contract to purchase a property with a licensed real estate agent, and,
    • 10.4.2. You must have nominated a registered practising solicitor or property conveyancer which you have engaged to do your property conveyancing.
    • 10.4.3. Within 48 hours of the successful bidder being notified, the bidder must either:
      • 10.4.3.1. Decline in writing the offer to purchase the auction lot. If you decline to purchase the auction lot, the lot will then be offered to the next highest bidder below the reserve price. Or,
      • 10.4.3.2. Accept in writing that you wish to purchase the auction lot. Upon acceptance to purchase the auction lot you must enter into a purchase agreement for the auction lot with RPA.
    • 10.4.4. After the signing of the purchase agreement for the auction lot, RPA will then issue within 48 hrs, to the purchasers nominated solicitor, an invoice for the amount of the purchasers successful bid, and also deposit the successful bidders package funds into the nominated solicitors trust account.
    • 10.4.5. Within 24 hours of the nominated solicitor receiving the purchaser's funds and the invoice from RPA, the solicitor is to pay the nominated invoice payment directly to RPA's nominated bank account.
  • 10.5. Mortgage Eliminator Package:
    • 10.5.1. You must have a registered mortgage with a financial institution, or,
    • 10.5.2. You must have entered into a contract to purchase a property with a licensed real estate agent, and,
    • 10.5.3. You must have nominated a registered practising solicitor or property conveyancer which you have engaged to do your property conveyancing.
    • 10.5.4. Within 48 hours of the successful bidder being notified, the bidder must either:
      • 10.5.4.1. Decline in writing the offer to purchase the auction lot. If you decline to purchase the auction lot, the lot will then be offered to the next highest bidder below the reserve price. Or,
      • 10.5.4.2. Accept in writing that you wish to purchase the auction lot. Upon acceptance to purchase the auction lot you must enter into a purchase agreement for the auction lot with RPA.
    • 10.5.4. After the signing of the purchase agreement for the auction lot, RPA will then issue within 48 hrs, to the purchasers nominated solicitor, an invoice for the amount of the purchasers successful bid, and also deposit the successful bidders package funds into the nominated solicitors trust account.
    • 10.5.5. Within 24 hours of the nominated solicitor receiving the purchaser's funds and the invoice from RPA, the solicitor is to pay the nominated invoice payment directly to RPA's nominated bank account.

11. Auction Seats

  • 11.1. RPA may from time to time offer free auction seats to its users.
  • 11.2. The manner and/or method in which the free auction seat is offered to users may vary and is at the discretion of RPA.
  • 11.3. A free auction seat:
    • 11.3.1. is not transferable and must be claimed against the qualifying User's account only;
    • 11.3.2. cannot be exchanged for cash, items or services.
  • 11.4. If the User has a free seat for an auction that is subsequently cancelled then it is at Our sole discretion if We allow that seat to be transferred to any other auction.
  • 11.5. Where the Auction Lot comprises a free auction seat then the User:
    • 11.5.1. may redeem the free seat against any current or future auction which is in the pre-booking state.
    • 11.5.2. may request that a current pre-booked seat held by them be converted to a free seat.
    • 11.5.3. must claim the free seat within the timeframe stipulated by Us.
  • 11.6. RPA may from time to time run free draws to offer free auction seats.
    • 11.6.1. A number of Users with pre-booked seats in a particular auction will be selected by Us and offered the opportunity to convert their pre-booked seat into a free seat.
    • 11.6.2. A qualifying User can redeem the free seat against their pre-booking for that auction only.
    • 11.6.3. The number of free seats available in free draws may vary from auction to auction and is at Our sole discretion.

12. Technologies

  • 12.1. RPA accepts no liability for data lost or accessed by a third party due to failure by the User to properly use the security recommended and provided by RPA.
  • 12.2. Because of the nature of fast moving real-time information and because it is possible that the User may use the service in a way not contemplated by RPA, the User acknowledges that RPA responsibilities extend only to the provision of indicative information. For the avoidance of doubt:
    • 12.2.1. RPA make no warranties, express or implied, as to the results to be obtained by the User or any person or entity from the use of the service;
    • 12.2.2. RPA make no warranties, express or implied, with respect to the fitness for a particular purpose or use of the service;
    • 12.2.3. RPA shall have no liability to or through the User for lost profits or consequential loss or damage arising from the use of, or inability to use, for whatever reason, the service.
  • 12.3. RPA gives no warranty, expressed or implied, that the site will function and be accessible at all times correctly as intended.
  • 12.4. RPA is not responsible for messages/communications that are delayed or do not arrive at the intended destination.
  • 12.5. No claim exists to the use and availability of this service. Messages are usually sent immediately, but there may be delays in transmission. It is not guaranteed that the messages will be received.
  • 12.6. RPA will use their reasonable endeavors to ensure the uninterrupted and timely supply of the service and to take all reasonable steps to correct any error, omission or mistake in the service but:
    • 12.6.1. RPA shall be under no liability for any error in or for any delay or failure in the transmission of the service to the user; and
    • 12.6.2. RPA do not provide any warranty as to the accuracy and completeness of the information provided through the service; and
    • 12.6.3. Any such liability as might arise (which is not admitted) shall be limited to the charge made to the user for the message from which such liability occurred.
  • 12.7. The user also acknowledges that the service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Internet Network and/or other event that is outside the control of RPA.
  • 12.8. All reasonable effort will be made to ensure that the RPA site and services are free from viruses and other damaging components and are not in any way affected by any circumstances, but we cannot and do not guarantee the same. Nor can or do we guarantee that your use of the RPA site and services will be uninterrupted, timely, secure and / or error-free. In such cases, we do not have any liability to you and nor do our service providers.
  • 12.9. The illegal use of the RPA service or the sending of messages that contain sexual, racist or discriminatory references or advertising, is prohibited.
  • 12.10. The user of the service is responsible for the content of the messages they send, according to the generally applicable laws. RPA do not undertake any liability for the content of the messages transmitted. In the event of a violation of one of the above-mentioned legal norms, the author of the message exempts RPA from any claims by third parties.
  • 12.11. The user of this service undertakes not to send any messages that the addressee does not agree to receive or by which the addressee is illegally molested.
  • 12.12. In the event of misuse, RPA reserve the right to exclude individual users from using this service and to block user numbers belonging to IP addressees/networks.

13. Applicable Laws

  • 13.1. These Terms & Conditions shall be exclusively governed by and construed in accordance with the laws of australia and the user irrevocably submits to the exclusive jurisdiction of the courts of Australia.
  • 13.2. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. Events Outside Our Control (Limitation of Liability)

  • 14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms & Conditions that is caused by events outside our reasonable control (Force Majeure Event).
  • 14.2. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • 14.3. Impossibility of the use of public or private telecommunications networks.
  • 14.4. The acts, decrees, legislation, regulations or restrictions of any government.

15. Waiver

  • 15.1. If we fail, at any time to insist upon strict performance of any of obligations under any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve any person from compliance with such obligations.
  • 15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

16. Accessing Our Sites

  • 16.1. Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not be liable if for any reason our sites are unavailable at any time or for any period.
  • 16.2. From time to time, we may restrict access to some parts of our sites, or an entire site, to users who have registered with us.
  • 16.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.
  • 16.4. You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these Terms & Conditions, and that they comply with them.

17. Prohibited Uses

  • 17.1. You may use our sites only for lawful purposes. You may not use our sites:
    • 17.1.1. In any way that breaches any applicable local, national or international law or regulation.
    • 17.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • 17.1.3. For the purpose of harming or attempting to harm minors in any way.
    • 17.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Terms & Conditions.
    • 17.1.5. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
    • 17.1.6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • 17.1.7. You also agree:
      • 17.1.7.1. Not to reproduce, duplicate copy or re-sell any part of our sites in contravention of the provisions of our Terms & Conditions.
      • 17.1.7.2. Not to access without authority, interfere with, damage or disrupt:
        • 17.1.7.2.1. any part of our sites;
        • 17.1.7.2.2. any equipment or network on which our sites are stored;
        • 17.1.7.2.3. any software used in the provision of our sites; or
        • 17.1.7.2.4. any equipment or network or software owned or used by any third party.

18. Suspension & Termination

  • 18.1. We will determine, in our discretion, whether there has been a breach of our Terms & Conditions by you.
  • 18.2. If you breach these Terms & Conditions, we may take such action as we deem appropriate, which may include all or any of the following actions:
    • 18.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.
    • 18.2.2. Issue of a warning to you.
    • 18.2.3. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    • 18.2.4. Further legal action against you.
    • 18.2.5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    • 18.2.6. We exclude liability for actions taken in response to breaches of these Terms & Conditions. The responses described these Terms & Conditions are not limited, and we may take any other action we reasonably deem appropriate.

19. Intellectual Property Rights

  • 19.1. The names, images and logos identifying Reverse Price Auctions, our products and services are proprietary marks of Reverse Price Auctions. Nothing contained in these Terms & Conditions shall be construed as conferring by implication, estoppels or otherwise any license or right.
  • 19.2. All copyright, trademarks and other intellectual property rights in this site (including all the material/content, design, arrangement, look, feel and functionality) shall remain at all times the property of Reverse Price Auctions.
  • 19.3. In accessing the Reverse Price Auctions site, the user agrees that they do so for their own personal, non-commercial use. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • 19.4. The user may not agree to, permit or assist in any way to modify, copy, reproduce, republish, download, upload, post, broadcast transmit, commercially exploit or distribute in any manner the site and its material/contents including text, graphics, code or other items other than temporarily in the course of using the service provided by this site or to keep a record of a transaction entered into using this site.
  • 19.5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • 19.6. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
  • 19.7. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
  • 19.8. If you print off, copy or download any part of our site in breach of these Terms & Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

20. Our Sites

  • 20.1. Reliance on information posted:
    • 20.1.1. Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.
  • 20.2. Our sites change regularly.
    • 20.2.1. We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close it indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.

21. Our Liability

  • 21.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
    • 21.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    • 21.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
      • 21.1.2.1. loss of income or revenue;
      • 21.1.2.2. loss of business;
      • 21.1.2.3. loss of profits or contracts;
      • 21.1.2.4. loss of anticipated savings;
      • 21.1.2.5. loss of data;
      • 21.1.2.6. loss of goodwill;
      • 21.1.2.7. wasted management or office time; and
      • 21.1.2.8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

22. Viruses, Hacking & Other Offences

  • 22.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
  • 22.2. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  • 22.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

23. Linking to and from Our Sites

  • 23.1. Linking to our sites:
    • 23.1.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • 23.1.2. You must not establish a link from any website that is not owned by you.
    • 23.1.3. Our sites must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Terms & Conditions.
    • 23.1.4. If you wish to make any use of material on our sites other than that set out above, please address your request to us using the process set out on our Contact Us page.
  • 23.2. Links From Our Sites:
    • 23.2.1. Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

24. Company Information

  • 24.1. Reverse Price Auctions Proprietary Limited is registered under the laws of Australia
  • 24.2. Reverse Price Auctions Pty. Ltd. can be contacted by post via the address displayed on our "Contact Us" page.

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