UK Bids Away
TERMS & CONDITIONS
1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF
TERMS & CONDITIONS
Use of this Web site constitutes acceptance of the UK Bids Away
Terms & Conditions. You accept and agree to be bound by the Terms
& Conditions, operating rules and/or policies of UK Bids Away,
published by UK Bids Away 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 UK Bids Away
transaction, "Bidder" when a Member is being described as
bidding on an asset in order to act as a potential buyer in a UK Bids Away
transaction, and "Seller" when a Member is acting as a seller
in a UK Bids Away transaction. These Terms & Conditions
comprise the entire agreement between Member and UK Bids Away
and supersede all prior agreements between the parties, regarding the
subject matter contained herein.
1.2 DESCRIPTION OF UK Bids Away
SERVICES
UK Bids Away acts as a venue for Sellers to list properties and
Buyers to bid on properties. UK Bids Away is not involved in
the actual transactions between Buyers and Sellers and assume no
responsibility for actions made based on information or services on UK Bids Away.
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 the Company strives to keep the
information on the Site accurate, complete and up-to-date, the Company
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 the Site, or any information or services obtained from the Site.
1.3 WHO CAN BID?
Bidders must register with UK Bids Away as a Member and be
capable of forming legally binding relations under applicable law. The
services provided by UK Bids Away 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 UK Bids Away or a Buyer.
1.5 PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on the Site
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 the Site, 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, UK Bids Away
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 UK Bids Away,
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 UK Bids Away; (b) after contacting UK Bids Away,
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 UK Bids Away
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 the Site, 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 UK Bids Away
of any unauthorized use of Member's ID or any other breach of security
known to Member.
1.8 CONTRACTUAL OBLIGATIONS OF BUYERS
AND SELLERS
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 the Site, 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
SELLER
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 the Site by Members shall
be conducted in compliance with applicable law. Purchases made on the
Site are entirely without recourse to UK Bids Away. 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, UK Bids Away retains the right to
terminate a Member's rights to use the Site 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. UK Bids Away retains the rights to terminate a
Buyer's rights to use the Site in the event a Buyer fails to perform its
obligations to settle on a completed auction.
1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe Assets in a
listing provided for inclusion on the Site 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. UK Bids Away 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 UK Bids Away
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 TO
UK Bids Away
Each Seller in a transaction for which a Winning Bid notice is issued
shall pay UK Bids Away the agreed upon commission based on the
final sales price for the asset in question. Such amount shall be paid
to UK Bids Away within thirty (30) days of invoicing by UK Bids Away.
1.14 SUPERVISION OF CONTENT
UK Bids Away 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 UK Bids Away. UK Bids Away
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 of UK Bids Away.
1.15 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its
transmissions through the Site. 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 US law regarding the
transmission of technical data exported from the United States 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 the Site 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 the Site in a
manner that violates any Federal, state or local laws or statute,
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 the
Site, without the express written consent of UK Bids Away.
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 UK Bids Away,
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 UK Bids Away. 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 the Site for the
transmission of (or receipt of responses to) chain letters, lotteries,
gambling or pyramid schemes of any kind. Member agrees not to use the
Site to disseminate any message in a broad-based mailing without the
prior written permission of UK Bids Away. 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 the Site.
1.17 LIMITATION OF LIABILITY
NEITHER UK Bids Away, 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 UK Bids Away
OR INABILITY TO USE UK Bids Away (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 UK Bids Away 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 UK Bids Away,
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. |