Please read these terms and conditions of use carefully before using this Website.
These terms and conditions apply to all users of this Website including casual browsers
and visitors.
1. Definitions
1.1. In these terms and conditions the following shall have the meaning set out
in this Clause unless the context otherwise requires:
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‘Business Day’
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A day (other than a Saturday, Sunday or public holiday) when banks in London are
open for business
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‘Information’
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All and any data, information, materials including such details of third party property
auction providers, links to third party auctioneer websites, details and specifications
of properties listed by any third party property auctioneer from time to time available
at auction, dates of past, current and future property auctions provided by third
party auctioneers selected by Us, weekly update e-mails (provided to Members only),
access to the Realbid Viewer (provided to Members only).
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‘We’, ‘Us’, ‘Our’
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Refers to Propertyauctions.com the trading name of Property Auctions.com Ltd being
a company incorporated in England and Wales and registered under Company Registration
Number 04125005 and whose registered address is 15 Forster Avenue, Beeston, Nottingham,
NG9 1AE, its agents and employees.
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‘You’, ‘Your’
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Any person using this Site including Members and Visitors unless specifically stated
otherwise
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‘Member’
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Any person who has registered via the DataClub link displayed on the Site to be
a member
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‘Realbid TV’
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Live streamed auction room broadcast facility available through the Site to Members
only
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‘Realbid Service’
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The Members only remote bidder service that We provide in accordance with the Realbid
Service Contract.
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‘Visitor’
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Any person accessing this Website who has not registered and become a Member.
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‘this Site’
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This website.
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2. Use of this Site
2.1. By using this Site either as a Member or Visitor You are accepting these terms
and conditions which will form a legally binding agreement between You and Us.
2.2. You are also agreeing to permit us to store, use and release information about
You which You have provided in accordance with our privacy policy.
2.3. By becoming a Member You agree to receive weekly generated update e-mails from
Us.
2.4. If You chose to register as a Member You must provide up to date accurate details
of Your name and address and a valid e-mail address. By completing the registration
process You are confirming that the details You have supplied are correct and accurate.
You will receive e-mail confirmation that Your application to become a Member has
been accepted together with Your unique login and password details.
3. Scope of Our Site
3.1. Our Site is provided only for United Kingdom based consumers and by using this
Site You warrant that:
3.1.1. You do so on Your own behalf and not on behalf of a business or corporate
entity or other third party and Your rights under the terms and conditions cannot
be transferred to any other person.
3.1.2. the Information available to You from this Site will only be used for Your
personal purposes and not offered or exploited by You for any other purpose, whether
commercial or otherwise.
3.1.3. You will take all necessary precautions against viruses, hacking and other
types of computer misuse.
3.2. Visitors may access the Site without registering as a Member but shall only
have access to some of the Information which will be limited to dates of third party
operated property auctions and a photograph of any property from time to time being
advertised for sale by any such third party property auctioneer but not full particulars,
details or description of any such properties.
3.3. It shall be at Our absolute discretion from time to time to decide the extent
of the Information available to Visitors and We shall be under no obligation to
provide any Information to Visitors at any time.
3.4. In order to access all Information (from time to time provided by Us on the
Site) or to use and view the Realbid TV or Realbid Service You will be required
to become a Member.
3.5. When You register to be a Member Your details will automatically be included
on Our weekly mailing list and You will receive weekly automatically generated e-mail
updates and notifications of properties and auctions hosted by third party property
auctioneers that We consider that You may be interested in.
3.6. If You as a Member wish to stop receiving Our weekly updates e-mails You can
update Your membership data by accessing the DataClub login page at any time and
selecting the option ‘DO NOT SEND ME UPDATES’ or You can contact the Data Manager
in any of the ways set out in the Contacting Us section of these terms and conditions.
3.7. When You have registered to become a Member You will be permitted access to
the Realbid TV free of charge, access to this facility is at Our absolute discretion
and will be governed by these terms and conditions from time to time in force.
3.8. You will not be able to take part in or make any bids at any property auctions
from time to time being broadcasted on the Realbid TV through the Realbid TV facility.
3.9. Any Member that wishes to take part in or place or make bids at any of the
property auctions from time to time being broadcast on the Realbid TV facility will
need to contact the individual property auctioneer offering the property / properties
that the Member is interested in directly via the Site or in any other way the Member
may chose.
3.10. The Realbid Service is available to Members only and on condition that the
Member wishing to use the Realbid Service has: -
a) completed no less than 48 hours before the date of the specific property auction
the third party property auctioneers registration process to the satisfaction of
the property auctioneer; and
b) completed and complied with all money laundering and identification checks carried
out by the third party property auctioneer; and
c) entered into a binding agreement with Us and paid the fee payable under the Realbid
Service at least 48 hours before the date of the specific property auction the Realbid
Service is required for.
4. Our obligations
4.1. Subject to these terms and conditions We shall use Our reasonable endeavours
to provide the following:
4.1.1. uninterrupted access to this Site and the Information it provides subject
to the limitations as to accessibility of Information to Visitors as detailed in
the terms and conditions.
4.1.2. uniterruped access to the Realbid TV facility via this Site.
4.1.3. accurate updating of Information as often as reasonably possible (subject
always to receiving such updated material, data and information from any third party
to whom the material, data or information is provided by).
4.1.4. protection of your privacy as stated in Our Privacy Policy including the
protection of personal and financial data and debit/credit card information.
5. No warranty
5.1. Although as stated above We shall use Our reasonable endeavours We do not warrant
that:
5.1.1. access to this Site and the Information displayed on this Site from time
time will be uninterrupted or that any Information or other information, data or
materials accessed or downloaded from this Site is free from viruses or defects
5.1.2. the Information or any other material, data and information will be accurate.
5.2. We reserve the right to alter add-to reduce or remove the Information displayed
on this Site at anytime including but not limited to removal of links to third party
auctioneer websites or services. We shall use Our reasonable endeavours to inform
You of any material change to the Information or other material, data and information
displayed on this Site or any services that We may from time to time offer, by notification
on the Site.
6. Suspension of Site
6.1. We reserve the right to suspend all or part of the Information, including any
other data, material, information or links to third party websites and access to
this Site at any time in order to carry out scheduled or emergency maintenance or
repairs or carry out upgrades to improve the facilities or services (if any) offered
or functionality of this Site or in order to comply with any statute, order or regulation
from time to time in force.
6.2. We reserve the right to suspend access to RealBid TV or Realbid Services at
any time in order to carry out scheduled or emergency maintenance or repairs or
carry out updates to improve the facilities and services (if any) offered or functionality
of the Realbid TV or Realbid Services or to comply with any statute, order or regulation
from time to time in force.
6.3. We reserve the right to cancel withdraw or take down all or any Information
on this Site at any time to comply with any statute, order or regulation from time
to time in force.
7. Disclaimer
7.1. We shall have no liability or responsibility to You for the accuracy of any
Information and material on this Site provided by third parties and links to third
party websites displayed on this Site which are not within Our control and You confirm
that use of any links provided on this Site to third party websites or information,
data or material is accessed at Your own risk and to the fullest extent permitted
by law We shall have no responsibility or liability for the accuracy of such information
or links or any damage to or loss of data on Your computer system caused by accessing
any third party websites, links or information.
7.2. The publication on this Site of third party information, data or material or
links to third party websites does not by implication or otherwise confirm or imply
that We recommend such third parties, their services or goods nor does it confirm
or imply that We endorse the views content or information published by such third
parties.
7.3. It is Your responsibility to ensure that You have read and understood the terms
of use of any third party websites or terms and conditions for remote bidders, auction
conduct conditions, or any other terms and conditions applicable from time to time
to any property auction that You are interested in or wish to participate in either
through Realbid Service or otherwise.
8. Limitations and exclusions
8.1. Whilst We will endeavour at all times to comply with our legal and contractual
obligations we do not accept liability for any loss suffered by You as a result
of any delay, mistake, error, omission, unavailability, failed access, misrepresentation,
mis-description, breach of contract, breach of duty or other act or omission (unless
fraudulent) however made or caused in respect of the Information or any other information
data or material or any services (if any) provided to You as a Member or Visitor
on this Site.
8.2. We do not accept liability for any consequential economic or other losses suffered
by You as a Member or Visitor to this Site whether resulting from misrepresentation,
mis-description, breach of contract, breach of duty or other act or omission (unless
fraudulent) however caused.
8.3. All warranties conditions and other terms implied by statute or common law
are, to the fullest extent permitted by law, excluded from Your use of this Site
and this Clause 8.
8.4. We shall have no liability to You for any breach of contract or otherwise in
respect of any period where the services are not available to You in accordance
with Clause 6.1 (Suspension of Services) or 12 (Force Majeure)
8.5. Nothing in these conditions shall limit Your right to seek to recover damages
for personal injury or death occasioned by breach of contract or breach of duty
by Us.
8.6. Each of the above exclusions or limitations shall be construed as a separate,
and severable, provision of these terms and conditions.
9. Termination of use
9.1. We may terminate Your use of this Site or Your membership if You are a Member
if You are in material breach of any of these terms and conditions.
9.2. Any rights that have accrued to either party at the date of termination will
remain enforceable after termination.
9.3. Members may terminate their membership at any time by notifying Us in writing
in any of the ways set out at clause 15 (Contacting Us) of these terms and conditions
or by selecting the terminate membership option in the Dataclub login facility.
10. Variations to these terms and conditions
10.1. We may at any time:
10.1.1. vary the Information or Services we provide.
10.1.2. vary these terms and conditions. We shall notify users of changes on this
Site by up dating this page. We recommend that You check this page regularly to
ensure that You are aware of any changes in the terms and conditions of use of this
Site which We may make from time to time. Your continued use of this Site after
the notification of any change by the updating of this page will constitute acceptance
by You of them.
11. Intellectual property rights
11.1. All intellectual property rights in the design and contents of this Site including
but not limited to copyright in all material, database rights in databases, trademarks,
product names, logos, designs and get-up belong to us or third parties . You may
only view and take copies of any part of this Site for the purpose of using this
Site for Your own personal use and Your use of this Site shall not in any way confer
or grant to You any right or licence, by implication or otherwise, to use any such
intellectual property or information.
11.2. You agree that You will not directly or indirectly change, modify, copy, reproduce,
download, re-publish, broadcast, transmit or display in any way any design and /
or contents of this Site nor shall you set up create or otherwise and shall not
directly or indirectly use the same for any business or commercial purpose or permit
or allow or facilitate any other person(s) to do so.
11.3. The unauthorised use or publication or dealing with Our intellectual property,
material or other information displayed on this Site or that of third parties by
You may be in breach of intellectual property rights of Us or those third parties
and will be in breach of these terms and conditions of use.
12. Force majeure
12.1. We shall not have any liability for any delay, omission, failure or inadequate
performance by Us in relation to this Site or the supply of goods or services through
it which is the result of circumstances beyond our reasonable control. Where We
are so affected in Our performance of Our obligations under these terms and conditions
We will notify You by electronic means as soon as is reasonably possible.
12.2. Force majeure includes but is not limited to civil commotion, war and terrorist
action, state action, industrial action whether lawful or otherwise, non-availability
of raw materials, components and labour at commercially viable prices, unavoidable
accident, fire, flood, earthquake, subsidence, epidemic and other natural or physical
disasters.
13. Law and jurisdiction
13.1. These terms and conditions shall be governed by the laws of England and Wales
and are subject to the exclusive jurisdiction of the courts of England and Wales.
14. Invalid clauses
In the event that any of these terms and conditions is found to be invalid or otherwise
unenforceable then such term shall be regarded and construed as severable from the
remaining terms and conditions so as not to affect the validity and enforceability
of the remainder.
15. Contacting Us and Complaints
15.1. Any notice, termination of membership or complaint or other communication
required to be given to Us shall be in writing and sent as follows:
15.1.1. by post to Propertyauctions.com Limited and marked for the attention of
the Manager at PropertyAuctions.COM Limited, 2 Manor House Road, Nottingham, NG10
1LR
15.1.2 by email to manager@propertyauctions.co.uk
15.2. You can contact Us by telephone on 0115 9724000 between the hours of 9am and
5pm on Business Days.