Terms of Use

Auction Reporters Website Terms of Use

These Terms of Use ("Terms" or “Agreement”) govern your use of this website and the associated services ("Site") and form a binding contractual agreement between you, the user of the Site and us, Auction Reporters Pty Ltd ABN 43 618 601 899 (“we, us, our”).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on here.

By using the Site you acknowledge and agree that you have read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Site.

We reserve the right to alter or amend these Terms at any time. We will alert you to such updates, but it is your responsibility to ensure you stay up to date with our latest version of these Terms, and your continued use of the Site after they have been updated will constitute your acceptance of any changes

  1. Access and use

    1. You must only use the site through the interfaces provided by us.

    2. You must not (or attempt to):

      1. Interfere with or disrupt the Site or the networks that host it;

      2. Use data mining, robots, screen scraping or similar information or data gathering tools on our Site;

      3. Interfere with or subvert any of the Site’s security features;

      4. Use, copy or distribute any of the Site’s content without our permission other than in accordance with these terms.

    3. We do not represent or warrant that the Site and associated services will be available at all times and without disruption.

  2. Licence to use Site

    1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

    2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner.

    3. You must not add any content to the Site:

      1. unless you hold all necessary rights, licences and consents to do so;

      2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

      3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

      4. that would bring us, or the Site, into disrepute; or

      5. that infringes the intellectual property or other rights of any person.

    4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

    5. You acknowledge and agree that:

      1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

      2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

  3. Creating an Account

    1. You may be required to create an account with us to access some of the content hosted on the Site. When creating an account we may require you to provide your name, email address and other contact information. All personal information is handled in accordance with our Privacy Policy.

    2. To register an account with us, we require that you are 18 years old and have the capacity to enter into a legally binding agreement with us.

    3. By creating an account you will be consenting to receive communications from us. Any marketing communications sent by email may be opted out of at any time using the unsubscribe feature.

  4. Intellectual Property Rights

    1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

    2. By posting or adding any content onto the Site (in any form), you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

    3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

    4. The licence in clause 4.2 will survive any termination of these Terms.

    5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 4.2 and 4.3, and agree to indemnify us, and hold us harmless in relation to and losses, costs, damages, demands, suits or actions (including consequential and indirect losses) that may arise as a result of this warranty.

  5. Your Warranties

    1. In addition to any other warranties in these Terms, you represent and warrant to us that:

      1. you are over the age of 18 years old and have the legal capacity to enter these Terms;

      2. you have complied with clause 2.3;

      3. that any content you submit to the site will not breach any third-party’s intellectual property rights.

  6. Liability and Disclaimer

    1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

    2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

    3. Auction Reporters makes every effort to ensure that we collect truthful and accurate data, but we provide no warranty as the to the accuracy of any data, report or other information (in any form) contained on this website, and your use of and reliance of that data is solely at your own risk and discretion.

    4. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations including the Australian Consumer Law. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

      1. the supply of the services again; or

      2. the payment of the cost of having the services supplied again.

    5. You will indemnify us at all times, and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or us arising directly or indirectly from any claim, demand, suit, action or proceeding arising against you or us where such liability arises as a result of or in connection with your breach of these Terms.

  7. Termination

    1. These Terms terminate automatically if, for any reason, we cease to operate the Site.

    2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

  8. General

    1. You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

    2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

    3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

    4. This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.

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