Everyday Auctions User Agreement

These Everyday Auctions terms and conditions ("User Agreement") governs Your use of the Services. This User Agreement is effective upon acceptance by a User.

This User Agreement was posted on 30 March 2016.

Please note for the purposes of the Services, Everyday Auctions is not the auctioneer or the seller of any Items. We provide a medium that allows Users to offer, buy and sell Items. For further information, see clause 10 of this User Agreement.

1. Definition

In this User Agreement:

"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Authorisation" means any applicable consent, approval, permit, registration or other authorisation given or issued by any applicable Regulatory Authority or any other person.

"Content" means all content, information and material in connection with a listing entered into or given by you to Everyday Auctions.

"Equine SafePay services" means the escrow payment services provided by CheckVault Pty Ltd ABN 46 159 355 781.

"Everyday Auctions", "we", "our" and "us" means William Inglis & Son Limited ABN 75 000 011 307 trading as Everyday Auctions.

"Final Sale Price" means the total amount paid by the buyer for the Items in a listing (and includes any GST).

"Items" means horses or equine related goods or services being offered for sale by the seller.

"Regulatory Authority" means:

  1. any applicable government or local authority and any department, minister or agency of any government; and
  2. any other applicable authority, agency, commission or similar entity having powers or jurisdiction under any law or regulation or listing rules of any prescribed financial market.

"Services" means the buying and selling facilitation services and other services provided by us pursuant to this User Agreement from time to time.

"User" or "You" means a user of the Services.

2. Introduction

You must read and agree to this User Agreement before using the Services. You should also read all hyperlinked information in this User Agreement, which includes the Bidding Rules, Listing Rules and the Everyday Auctions Privacy Statement.

By accepting this User Agreement, you agree that you have had sufficient chance to read and understand this User Agreement and agree that the User Agreement will apply when you use the Services. If you use a website other than www.bloodstock.com.au, you accept that we may not operate that website and you agree to be bound by the terms of that website.

3. Registering as a User

In order to use the Services, you must register an account with us.

You must update and keep up to date your personal information if it changes. You consent to us contacting you from time to time to ensure your personal information is current.You must protect your account, including your login ID and password. All activity that is carried out by your account is your responsibility and we may treat it as having been done by you.

You will notify us immediately if there is any unauthorised use of your account.

4. Using Everyday Auctions

The Services is a medium that allows you as a User to buy and sell the Items.

By using the Services you represent and warrant that:

  1. you are at least 18 years old or the legal age of majority in your jurisdiction (if higher than 18);
  2. if required, you hold an Authorisation required to buy or sell the Items or deal in anyway in the Items;
  3. you will not list any item other than the Items;
  4. all information you provide in a listing is not false, misleading, inaccurate or offensive and if required, include all information in a listing in compliance with your Authorisation;
  5. you will not manipulate the prices of any listing or interfere with another user's listing;
  6. you will deliver payment for the Items in the listing purchased by you, unless the seller has materially changed the Items description after you have commenced bidding;
  7. you will deliver Items purchased from you;
  8. all payments for a listing will be made using the Equine SafePay services;
  9. you will not transfer or assign your Everyday Auctions account to another party without our consent;
  10. you will not infringe the copyright or other intellectual property rights of any other person;
  11. you will not engage in spamming or other conduct involving the sending of bulk electronic or unsolicited communications, chain letters or pyramid schemes;
  12. you will not use any automated systems (including any site crawler, spider or robot) to harvest, access or analyse any information or content from the Services;
  13. you will not distribute viruses or any other technology that may harm Everyday Auctions or other Users;
  14. you will not copy, reproduce, modify or create derivative works of the Services without our prior written consent;
  15. you will not interfere or attempt to interfere with the orderly working of the Services;
  16. you will comply with all applicable laws; and
  17. you will not copy, modify or distribute rights or content from the Services or Everyday Auctions trademarks and copyright.

5. Catalogues

We may offer free catalogues of stock descriptions and images that are provided to us by third parties (including other Users). You may only use this catalogue content for your listing when using the Services. If you include catalogue content in your listing you remain fully responsible for all aspects of your listing including that the descriptions or images used are accurate and not misleading or deceptive.

You must not create derivative works based on the catalogue context except for the purposes of including them in your listing.

Catalogue content may include copyrighted, trademarked or other proprietary works and you must not remove any copyright, proprietary or identification markings in the catalogue content.

6. Listing

By creating a listing, you acknowledge that you assume full responsibility for the Content and accept that:

  1. your listing complies with our Listing Rules
  2. your listing will be posted on the site and can be viewed by Users and the general public;
  3. your listing may not be searchable by category or keyword for up to several hours. Everyday Auctions cannot guarantee the exact time a listing will be searchable.

If you receive at least one bid at or above the reserve price (if applicable), you are obliged to complete the transaction with the highest bidder upon the listing's completion unless the buyer fails to meet your terms of listing.

7. Bidding

By bidding on a listing you agree:

  1. to comply with our Bidding Rules
  2. to be bound by the conditions of sale that the seller has given in the listing provided those conditions of sale do not breach this User Agreement or are unlawful.

Bids may not be withdrawn unless the seller has materially changed the description of the Items or the listing after you have made a bid.

A minimum bid of four hundred dollars ($400) is required for horses offered for sale without a reserve. Should the horse listed fail to receive a bid of four hundred dollars ($400) or higher, then the offering will be passed in.

8. Fees and payments

Unless stated otherwise by the vendor, upon completion of the sale of a listing through Everyday Auctions the full purchase price shall become due and payable and payment must be actioned by the purchaser in Australian currency within 48 hours of the completion of the sale. Should full settlement not be actioned within 48 hours the vendor will reserve the right to void the sale and re-offer the listing to the open market.

Equine SafePay

In order to use the Services, you must be a registered user of Equine SafePay. All payments for Items transacted using the Services will be made using the Equine SafePay services. (http://www.bloodstock.com.au/equine-safepay/)

Buying

We do not charge you any fees for joining or buying Items on Everyday Auctions. However we will give you at least 30 days' prior written notice where we vary the fees. We will notify you of this variation in accordance with clause 21 of this User Agreement.

Selling

We do charge fees if you use Everyday Auctions to sell Items. When you create a listing, you will have the opportunity to review and accept any proposed fees that you will be charged. The fees we charge is set out on our Fees page. We may temporarily change the fees for promotional events.

We will give you at least 30 days' prior written notice where we vary the fees. We will notify you of this variation in accordance with clause 21 of this User Agreement.

Unless stated otherwise, all fees are quoted in Australian Dollars (AUD) and are inclusive of GST. You are responsible for all applicable fees and taxes associated with your use of the Services.

All listing fees will be payable at the time of listing. You agree that selling fees owed by you may be deducted by us from the Final Sale Price when you use the Equine SafePay service.

If you have received prior approval from Everyday Auctions, fees owed by you must be paid within 30 days from the date of invoice.

Invoices

We will provide you an invoice for any fees you owe us (which may include any refunds, credits or discounts where applicable) after the completion of a listing.

Copies of your invoices can be viewed in the DIY Account Management section.

Credits

Subject to any consumer guarantees under the Australian Consumer Law, we may credit your account any listing fees and waive any seller fees where:

  1. a transaction is cancelled by agreement with both the seller and bidder; or
  2. the highest bidder does not pay for your Items after the listing has completed in accordance with your conditions of sale and you have made all reasonable efforts to resolve the non-payment.

9. Content

You warrant that all Content is owned by you and does not infringe the copyright or intellectual property rights of any person.

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the Content in connection with us providing the Services and permit Users to view and copy the Content.

10. Everyday Auctions is not an 'auctioneer'

You acknowledge that we are not an auctioneer or the seller of any Items. We do not take ownership of any Items and do not transfer legal ownership of Items from sellers to buyers.

The Services is a medium that allow Users to offer, buy and sell Items. We are not involved in the actual transaction between buyers and sellers and do not act as agent for buyers or sellers. We do not have control over and do not guarantee the quality, merchantability or legality of any Items or the Content of users, the truth or accuracy of a listing, the ability of sellers to sell Items, the ability of buyers to buy Items or that the buyer or seller will complete a transaction or act lawfully in using our Services.

When entering into a transaction you create a legally binding and enforceable contract with another User. You must comply with your obligations to that User. Where another User breaches any obligation to you, you are responsible for enforcing any rights you may have under that contract. Furthermore, if you have a dispute with another User, you release us from all claims, demands, losses and damages (including consequential) arising out of or in connection with such dispute.

11. Everyday Auctions liability

We do not warrant or guarantee that the Services will be uninterrupted or error free.

You acknowledge that in using the Services, there are risks in trading online. You agree that your use of the Services is at your own risk and you will not hold Everyday Auctions responsible for other users' content, acts or omissions or listings.

Notwithstanding any other term in this User Agreement, we do not exclude or limit the application of any provision of any guarantees under the Australian Consumer Law that apply to the Services. To the extent permitted by law, our liability for a breach of a guarantee under the Australian Consumer Law is limited to

  1. supplying the services again;
  2. paying the cost of having the services supplied again; or
  3. refunding any fees owed by a User.

We are not liable for any loss, claim or damage, including of any money, goodwill or reputation, or any special, consequential or indirect loss arising directly or indirectly with your use or inability to use the Services.

12. Restriction and suspension

Without limiting other remedies, we may in our reasonable discretion and without notice:

  1. delay your listing;
  2. restrict or temporarily or indefinitely suspend your use of the Services;
  3. terminate your account; or
  4. refuse to provide the Services;

where:

  1. we reasonably believe or you have breached this User Agreement;
  2. we reasonably believe that your actions may cause loss or damage to other Users, third parties, us or you;
  3. we reasonably believe any information you have given to us or the Content is inappropriate or offensive;
  4. your account has been inactive for a long time; or
  5. we are unable to verify your identity or any information you have provided to us.

13. Indemnity

You agree to indemnify Everyday Auctions (and its officers, directors, agents, related bodies corporate and employees) against any claim, loss, damage, cost or expense (including reasonable legal fees) arising out of or in connection with:

  1. a breach by you of this User Agreement; or
  2. a third party alleging infringement of their copyright or intellectual property rights.

14. Privacy

In order to provide the Services, we need to collect personal information from you. We will use this information only for the purposes of providing the Services and verifying your identity. We have prepared the Everyday Auctions Privacy Statement which sets out how we collect, use, hold and disclose your personal information.

You should read the Everyday Auctions Privacy Statement as it forms part of this User Agreement. A copy of the Privacy Statement can be located at http://www.bloodstock.com.au/everyday-auctions-privacy.php.

15. Closing your account

You may close your Everyday Auctions account provided you:

  1. have paid all outstanding fees owing on the account;
  2. do not have any outstanding Items listed on the site; and
  3. you are not subject to any restrictions or suspensions (including the subject of any complaints or disputes relating to any listings or your use of the Services).

16. Additional Terms

The terms of this User Agreement include the:

  • Bidding Rules
  • Selling Rules
  • Privacy Statement

You should read and understand the information in them as they will apply to your use of the Services. We may vary these documents from time to time. Any variation will be in accordance with clause 21 of this User Agreement.

17. Disputes

We aim to resolve disputes as soon as possible and at minimal cost to you. If you have a dispute with us, please contact us first. We will consider all reasonable requests to have disputes resolved through alternative dispute resolution including arbitration and mediation.

18. Governing law

This User Agreement will be governed by the laws of New South Wales, Australia and you and Everyday Auctions irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

19. No agency

At no time will Everyday Auctions be acting as your agent for the purposes of this User Agreement or through your use of the Services.

20. Legal notices

Legal notices must be served:

  1. in the case of Everyday Auctions – Everyday Auctions' address below;
  2. in the case of you - the email address you provided when registering for an account.

Legal notices will be taken to be received:

  1. if sent by email – on the next Business Day, unless the sender receives a failure of delivery notification;
  2. if sent by mail – two Business Days after posting.

In this clause, Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, but does not include Saturdays, Sundays or public holidays.

Legal notices sent to Everyday Auctions must be given by registered mail to the following address: Everyday Auctions, PO Box 477, Randwick NSW 2031 Australia.

21. Changes to this User Agreement

We may amend this User Agreement at any time by posting amended terms on the Everyday Auctions website at http://www.bloodstock.com.au/everyday-auctions-user-agreement.php and notifying you directly to the email address you have linked with your account. Any amendment will be effective 30 days after posting. If you do not agree or accept the amendments, you may close your account in accordance with clause 15 of this User Agreement.

22. General

If any provision of this User Agreement is held to be invalid, illegal or unenforceable, then to the extent permitted by law, it will be read down or if it cannot be read down, will be severed. The remaining provisions will not be affected or impaired.

Clauses 9 (Content), 10 (Everyday Auctions is not an 'auctioneer'), 11 (Everyday Auctions liability), 13 (Indemnity) and 17 (Disputes) survives termination of this User Agreement.

We may assign our rights and obligations under this User Agreement without your consent provided the assignment is not materially detrimental to you.

Where we do not act on a breach by you or others of this User Agreement, we do not waive our right to act on subsequent or similar breaches.

Headings are for convenience only and do not affect interpretation of this User Agreement.






Everyday Auctions Bidding Rules

These Bidding Rules form part of the Everyday Auctions User Agreement.

If you are bidding on a listing, you agree to comply with these Bidding Rules.

As a bidder, you agree that:

  1. you are obliged to complete a transaction with a seller if you are the highest bidder of a listing once the listing has completed;
  2. you must be able to pay for the Items you place a bid for;
  3. payment for Items once the listing has been completed will be made using the Equine SafePay services;
  4. if you place a maximum bid that is the same maximum bid as another User, you will be notified that another User has placed the same maximum bid as you and be given the option to place a greater bid;
  5. you cannot bid on any Items you own directly or beneficially;
  6. you have read, understood and agreed to the description in the listing including any conditions of sale specified by the seller;
  7. you will not participate in dummy bidding, shill bidding or attempt to artificially increase the price of the listing;
  8. you will not offer to buy the Items outside of the Services;
  9. you will be responsible on agreeing with the seller the execution and delivery of any documents as necessary to effect the transfer of title and registration of any Items with the applicable regulatory body.





Everyday Auctions Listing Rules

These Listing Rules form part of the Everyday Auctions User Agreement.

If you are listing Items, you agree to comply with these Listing Rules. As the seller, you agree that:

  1. you will not list any item other than the Items;
  2. all information you provide in a listing is true and accurate;
  3. you are the legal owner or otherwise authorised to sell the Items;
  4. if your Items include any horses, you will include in the listing comprehensive disclosure whether any of the horses have been subject to surgical procedures or any prohibitions or restrictions imposed by a horse racing authority and details of any applicable transport and vet costs;
  5. you will not include any Content in a listing that infringes the copyright or other intellectual rights of any person;
  6. Items are not subject to any security interests or other encumbrances, or if subject to, will be discharged prior to the listing completing;
  7. you will be responsible on agreeing with the winning bidder the execution and delivery of any documents as necessary to effect the transfer of title and registration of any Items with the applicable regulatory body.