Terms of Use / Privacy Policy

eAuctions Terms of Use

Terms and Conditions for Our Products as provided by eAuctions Pty Ltd THESE TERMS AND CONDITIONS GOVERN ALL ACCESS TO, AND USE OF, OUR PRODUCTS AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, OUR PRODUCTS. BY ACCESSING OR USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Definitions
In these terms and conditions, unless the context otherwise requires:
1. Auction Data means any data or results in respect of auctions, including, but not limited to number of bids, time of bids, vendor bids, frequency of bids and reserve prices;
2. Auction Fee means $49.99 exclusive of GST, or such other fee as advised by Us on Our Products for each auction that is registered by Private Users on Our Products;
3. Business Day(s) means any day that is not Saturday, Sunday or public holiday in the state of Victoria;
4. Customer Materials means any and all data, information, content, photographs, metadata and other materials provided, or that may be supplied to Us by Private Users (or otherwise obtained by Us from the Private Users), directly or indirectly, from time to time, including any content posted or entered into Our Products from time to time;
5. eAuctions means the system and method of capturing, displaying and recording information associated with live auctions;
6. eAuctions App means either:
  1. the eAuctions ‘Agent’ mobile device application for use by Private Users; or
  2. the eAuctions ‘General Public’ mobile device application for use by Public Users,
7. eAuctions Web Portal means Our dynamic web portal, including subdomains of that web portal and mobile sites, where Registered Users may access and use eAuctions and access Auction Data;
8. Estate Agents Act means the Estate Agents Act (Vic) 1980;
9. Force Majeure Event means acts of God, weather, fire, explosion; war, invasion, riot or other civil unrest; governmental laws, orders, restrictions, actions, embargoes or blockades; national or regional emergency; injunctions, strikes, lockouts, labour trouble or other industrial disturbances; or any other events beyond the reasonable control of the affected party;
10. Government Agency means any government or any governmental, semi- governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity;
11. GST has the meaning given to that term in the GST law;
12. GST law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
13. A person is Insolvent if:
  1. it is (or states that it is) an insolvent under administration or insolvent (each as defined in the Corporations Act 2001 (Cth)); or
  2. it has had a controller appointed or is in liquidation, in provisional liquidation, under administration or wound up or has had a receiver appointed to any part of its property; or
  3. it is subject to any arrangement, assignment, moratorium or composition, protected from creditors under any statute or dissolved (in each case, other than to carry out a reconstruction or amalgamation while solvent on terms approved by the other parties to these terms and conditions); or
  4. an application or order has been made (and in the case of an application, it is not stayed, withdrawn or dismissed within 30 days), resolution passed, proposal put forward, or any other action taken, in each case in connection with that person, which is preparatory to or could result in any of (a), (b) or (c) above; or
  5. it is taken (under section 459F(1) of the Corporations Act 2001 (Cth)) to have failed to comply with a statutory demand; or
  6. it is the subject of an event described in section 459C(2)(b) or section 585 of the Corporations Act 2001 (Cth) (or it makes a statement from which another party to these terms and conditions reasonably deduces it is so subject); or
  7. something having a substantially similar effect to (a) to (f) happens in connection with that person under the law of any jurisdiction;
14. Intellectual Property means any and all:
  1. current and future registered and unregistered rights in respect of copyright, designs, trade marks, trade names, business names, trade secrets, know-how, confidential information, patents, inventions and discoveries;
  2. applications for grant of any of the above;
  3. other rights of a similar nature arising (or capable of arising) under statute or at common law in the Commonwealth of Australia or anywhere else in the world; and
  4. other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967;
15. Laws include any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or by-law whether Commonwealth, state, territorial or local;
16. Loss means loss or damage of any kind (including liability to a third party);
17. Network Operator means the third party operator of any telecommunications network on which Our Products rely;
18. Personal Information means all information about a person that is ‘personal information’ as defined in the Privacy Act 1988 (Cth) which is collected or held in connection with these terms and conditions;
19. Privacy Policy means Our privacy policy or statement from time to time, a current copy of which is available at www.eauctionslive.com or by sending an email request to support@eauctionslive.com;
20. Private User means users who are registered real estate agents, auctioneers, auctioneer assistants who will be using Our Products to manage and facilitate auctions on behalf of sellers;
21. Products means:
  1. the eAuctions Web Portal;
  2. the eAuctions App; and
  3. any other remote service where Registered Users may access and use eAuctions and access Auction Data;
22. Public User means users who are members of the public who wish to track and view auctions with Our Products;
23. Registered User means either:
  1. a Private User; or
  2. a Public User;
24. Service Provider means any of Our agents, contractors and/or licensors who provide Us with services and technology enabling Us to deliver Our Products;
25. We, Us or Our means eAuctions Pty Ltd ACN 604 443 781; and
26. You, Yourself or Your means any person or entity using, or intending to use, Our Products.
Term / Auction Fees
1. In respect of Private Users:
  1. these terms and conditions will be effective until terminated by You or Us in accordance with these terms and conditions; and
  2. We may terminate or suspend Your access to, and use of, Our Products if You:
    1. are late in payment of any Auction Fees under these terms and conditions; or
    2. purport to charge back or reverse any Auction Fees with Your credit card provider in respect of specific properties after the auctions in respect of those specific properties have been conducted.
2. Unless otherwise stated, all Auction Fees are quoted in and payable in Australian Dollars and are exclusive of GST.
3. In respect of Public Users, these terms and conditions will be effective until terminated by You or Us in accordance with these terms and conditions.
Access
1. Subject to these terms and conditions, We grant You a non-exclusive, non- transferable, non-sub licensable limited licence to access and use:
  1. Our Products; and
  2. Auction Data.
2. Nothing in these terms and conditions grants You any ownership or Intellectual Property rights in:
  1. Our Products; or
  2. Auction Data,
  which remains at all material times Our property.
3. In respect of Auction Data that is licensed by:
  1. Public Users in accordance with clause 3.1, subject to clause 3.4, the licence to access and use that Auction Data in respect of auctions of specific properties may expire at Our discretion 24 hours after the end of the auction of the specific property or such other period determined by Us in Our absolute discretion, save that Public Users will retain access to the final sale price in respect of a specific property, if that property is sold at auction; or
  2. Private Users in accordance with clause 3.1, subject to clause 3.4, the licence to access and use that Auction Data in respect of auctions of specific properties:
    1. may expire at Our discretion if You have not registered an auction in respect of a specific period in accordance with clause 4.2 in a 3 month period or such other period determined by Us in Our absolute discretion, save that Private Users will retain access to the final sale price in respect of a specific property, if that property is sold at auction; and
    2. terminates upon termination of these terms and conditions in accordance with clause 16.
4. Registered Users may agree to purchase hard copies of Auction Data in respect of any auctions of specific properties through the eAuctions Web Portal, but the Intellectual Property rights in respect of those hard copies of Auction Data will, at all times, be retained by Us.
eAuctions Account
1. To use:
  1. Our Products, You must be a Registered User; and
  2. Our eAuctions App, You must download the eAuctions App from the Apple iTunes Store or the Google Play Store.
2. To become a Private User:
  1. You must, at the time that You register an auction in respect of a specific property on Our Products, provide Us with Your relevant information (including, without limitation, Your name, address and e- mail address, Your Australian Business Number, Your credit card details and Your real estate agent licence number); and
  2. when your registration in respect of that specific property on Our Products, We will debit the Auction Fee from Your credit card.
3. To become a Public User, You must provide Us with Your information (including, without limitation, Your name and e-mail address).
4. Your use of Our Products requires a user name and password. It is important that You keep Your user name and password secret and secure. You are entirely responsible for maintaining the confidentiality of Your user name and Your password. You are responsible for all usage or activity on Your account including, without limitation, use by any person using Your user name or password.
5. You may change Your password at any time by following the instructions on Our Products.
6. You agree to notify Us immediately of any unauthorised use of Your user name and password or any other breach of security associated with Your account.
7. You acknowledge and agree that:
  1. for security reasons, We may require You to re-authenticate Yourself from time to time, particularly after any period of inactivity; and
  2. We are not responsible for any information that You may lose if We terminate any browser session duet to inactivity.
Conditions of Use
1. You must not use Our Products or Auction Data in any way that infringes a third party’s Intellectual Property or other rights or use Our Products in any manner which is unlawful, offensive, threatening, defamatory, fraudulent, misleading, deceptive or otherwise inappropriate.
2. Except as expressly authorised by (and subject to any conditions prescribed under) any applicable Law, You must not, in any form or by any means:
  1. copy, adapt, modify, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of the whole or any part of Our Products (including all trade marks);
  2. interfere with or disrupt (or attempt to interfere or disrupt) Our Products, any servers or networks connected to Our Products or any other Registered Users’ use of Our Products;
  3. decompile, disassemble, reverse engineer, reverse compile Our Products;
  4. use any robot, spider, scraper, data mining process or other automated means to access Our Products without Our express written approval; or
  5. take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately high load on Our infrastructure.
3. You must ensure that Your access to, or use of, Our Products is not illegal or prohibited by any applicable Law, in force from time to time, in Your relevant jurisdiction or which otherwise pertains to You and Your use of, and access to, Our Products.
4. To access Our Products, We recommend that You have access to at least third generation cellular data technologies (3G) or fourth generation cellular data technologies (4G) or a digital subscriber line (DSL) or higher.
Consent
You acknowledge and agree that We, and Our Service Providers, may communicate with You for the limited purpose of:
1. Your use of the eAuctions App;
2. providing You with news and information about the eAuctions App;
3. responding to any specific request that You make of Us;
4. administering and managing the eAuctions App, as well as performing administrative and operational tasks;
5. notifying You of any changes to, enhancements of, or outages that may affect the eAuctions App;
6. providing You with the opportunity to ‘opt-in’ to receiving promotional material from time to time from Us or Our Service Providers; and
7. providing You with the opportunity to ‘opt-in’ and provide Your consent to participate in enhancements to or new features of the eAuctions App, through which We may use property or other information that is posed to or uploaded by You for the purposes of enhancing Your use of the eAuctions App.
Support Services
1. You acknowledge that Our Products may not be free from fault or interruption and that Our Products may be unavailable during planned or unplanned outages or scheduled or unscheduled maintenance periods. We will take all reasonable steps to notify You of when outages or maintenance occurs and when the Our Products are temporarily unavailable.
2. We agree to provide You with all reasonable assistance to remedy any technical malfunctions or logistical difficulties in Our Products as soon as reasonably practicable after being notified by You of such malfunctions or difficulties.
3. We reserve the right to make any changes to Our Products as considered necessary or desirable by Us including, without limitation, updates and new releases. We will use all reasonable endeavours to give prior notice of such changes to Our Products to the extent that there is any adverse effect on the functionality or performance of Our Products but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects to Our Products).
GST
1. In this clause, expressions have the same meaning as they have in the GST law.
2. To the extent that We make a taxable supply in connection with these terms and conditions, the consideration payable by a party under these terms and conditions represents the value of the taxable supply for which payment is to be made.
3. If We make a taxable supply in connection with these terms and conditions for a consideration which, under clause 8.2, represents its value, then if You are liable to pay for the taxable supply, You must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
4. Private Users will receive a tax invoice in respect of Auction Fees upon payment of the Auction Fees.
5. Each party agrees to do all things, including providing tax invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these terms and conditions.
6. Each party warrants to the other party that it is registered for GST and will promptly notify the other party if this ceases to be the case.
Privacy
1. To the extent that We collect any Personal Information, We will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to such information. Our Privacy Policy applies to You, Your use of Our Products and Our use of Your Personal Information.
2. By using Our Products in accordance with these terms and conditions, You consent to the collection, use, disclosure and storage of Your Personal Information in accordance with Our Privacy Policy.
Amendments to terms and conditions
1. We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on Our Products.
2. Your continued use of Our Products following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
Intellectual Property
1. We own or have all the rights to:
  1. the Intellectual Property in Our Products; and
  2. Auction Data.
2. We reserve Our rights to use or dispose of the Auction Data in the course of business.
Customer Materials
1. Each Private User:
  1. may from time to time provide or otherwise make available to Us the Customer Materials; and
  2. grants to Us and Our Service Providers a worldwide royalty free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of and otherwise commercialise and exploit the Customer Materials.
2. Each Private User represents and warrants to Us and Our Service Providers that:
  1. it has the right to grant the licences in clause 12.1(a) in and to the Customer Materials;
  2. the Customer Materials do not infringe upon or misappropriate any rights, including, without limitation, rights in respect of Intellectual Property of any third parties or Us and Our Service Providers; and
  3. the Customer Materials are free of worms, viruses, Trojan Horses, and other disabling code.
3. Each Private User represents and warrants to Us that it will abide by all applicable Laws, rules and regulations for any Customer Materials posted on Our Products or entered into Our Products from time to time.
4. To the extent that Customer Materials include or may include any Personal Information of an individual, each Private User represents and warrants that it has obtained all necessary consents and authorities from the relevant individual to use and disclose the Customer Materials as contemplated by these terms and conditions, and the use of the Customer Materials in accordance with these terms and conditions will not cause Us to be in breach of the Privacy Act 1988 (Cth).
5. We reserve the right to remove or refuse to distribute or publish any Customer Materials that violate these terms and conditions.
Warranties and Liability
1. You represent and warrant to Us on a continuing basis that:
  1. You will comply with all Laws and any industry codes that are related in any way to these terms and conditions;
  2. in the case of Private Users, You are licensed under the Estate Agents Act;
  3. You will use up-to-date commercially available systems to protect the security of Your information technology infrastructure;
  4. Your use of Our Products in accordance with these terms and conditions does not and will not breach any laws or infringe the rights or duties owed to any person, whether arising under contract, common law or statute; and
  5. in the case of Private Users, You will, at Your own cost, procure and maintain appropriate insurance policies including public liability insurance and professional indemnity consistent with reasonable commercial practices.
2. Whilst We agree to provide You with access to Our Products using reasonable care and skill, You acknowledge that the availability and functionality of Our Products, and Your ability to access and use Our Products, may depend on factors and circumstances beyond Our control including telecommunications network issues (such as network capacity restrictions, physical and environmental conditions, technical constraints and Network Operator issues), Service Provider issues and factors that prevent intended recipients from receiving alerts and other communications (for example, Service Provider and account issues). We cannot therefore claim or guarantee that Our Products will be available to You at all times or be free from faults or interruptions.
3. You acknowledge and agree that:
  1. We are not licenced under the Estate Agents Act;
  2. Our Products allows You to view information associated with live auctions conducted by Private Users;
  3. We are solely a passive conduit to facilitate communication of data between Private Users and Public Users;
  4. Our Products do not give You the functionality to place bids on auctions;
  5. We have no control over the truth of the listings or the bids notified on Our Products;
  6. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any Customer Materials posted to Our Products or entered into Our Products from time to time;
  7. no advice or information, whether oral or written, obtained by You from Us or through Our Products will create any warranty not expressly included in these terms and conditions or required by law; and
  8. Our Products are provided on an ‘as is’ and ‘as available’ basis. Except for any Non-excludable Guarantee (as defined in clause 13.5 below), We and Our Service Providers exclude all terms, conditions, warranties and guarantees implied by custom, the general law or statute.
4. Without in any way limiting the above, You expressly acknowledge and agree that We and Our Service Providers make no warranty that:
  1. Our Products or Auction Data will meet Your requirements, or will be uninterrupted, timely, secure, or error-free;
  2. if Our Products are installed by You, that the software will be secure, uninterrupted or error free, will operate in combination with any other hardware, software, system or data;
  3. errors or defects will be corrected, however We will use reasonable errors to correct errors or defects within a reasonable period of time;
  4. Our Products will be free of viruses or other harmful components, however, We will use reasonable endeavours to ensure that Our Products will be free of viruses;
  5. any data stored by Us will be accurate, reliable or secure;
  6. the performance of Our Products will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Private Users or our Service Providers;
  7. the Auction Data obtained from Your use of Our Products will be accurate or reliable; or
  8. the Auction Data downloaded or obtained by You through Our Products will meet Your expectations or requirements.
  The use of the Auction Data obtained or downloaded from Our Products is entirely at Your own risk and We take no responsibility for any Loss or damage suffered by You in reliance on the Auction Data obtained or downloaded from Our Products.
5. Any condition, warranty or guarantee that legislation applies to the supply by Us to You of Our Products under these terms and conditions is taken to be included in these terms and conditions, if that legislation renders void or prohibits contractual provisions which:
  1. exclude, restrict or modify; or
  2. which have the effect of excluding, restricting or modifying,
6. You acknowledge and agree that, to the maximum extent permitted by law We and each of Our Service Providers:
  1. exclude all liability to You for any Loss (including loss of revenue, business, profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered by You in any way relating to these terms and conditions or Your use of Our Products or Auction Data regardless of the basis of such liability and even if advised of the likelihood of such Loss; and
  2. limit Our aggregate liability to:
    1. Private Users in connection with these terms and conditions or Public Users’ use of Our Products, to an amount equal to the amount of the Auction Fee; and
    2. Public Users in connection with these terms and conditions or Public Users’ use of Our Products, to $50.
Indemnity
You agree to indemnify and hold Us and Our officers, employees and agents (those indemnified) harmless against all Loss (including loss of revenue, business, profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered or incurred by those indemnified in connection with:
1. any breach of these terms and conditions by You (in particular, without limitation, clause 5);
2. any wilful misconduct by You; and/or
3. any unlawful or negligent act or omission by You.
Public statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written consent.
Suspension and Termination
1. We may, at any time, by 30 days’ notice to You, terminate these terms and conditions for any reason whatsoever. If We exercise this right We will refund to You any Auction Fees in respect of any auctions that have been registered by Private Users on Our Products but which have not yet taken place.
2. We may, at any time, by reasonable notice to You, where reasonably possible, temporarily, or indefinitely, suspend, disable or terminate Your access to Our Products or Your right to use Our Products, if any one or more of the following applies:
  1. such suspension or termination is reasonably required for the maintenance (including preventative and routine maintenance), support, operation or security of Our Products;
  2. We believe on reasonable grounds that You are in breach of any provision of these terms and conditions;
  3. We believe on reasonable grounds that You do not have all necessary authorisations to perform Your obligations under these terms and conditions;
  4. We believe on reasonable grounds that You do not have all necessary authorisations to perform Your obligations under these terms and conditions;
  5. We believe, on reasonable grounds, that You have engaged in any conduct which may bring Us, Our Products or any of Our Service Providers into disrepute;
  6. a Network Operator, Service Provider or Government Agency requires it; or
  7. You do not pay the Auction Fees when registering an auction on Our Products.
3. We reserve the right to terminate these terms and conditions with immediate effect by notice if:
  1. You become Insolvent;
  2. You purport to charge back or reverse payment of an Auction Fee to Your credit card with Your credit card provider after an auction of a specific property; or
  3. You breach these terms and conditions, the breach is capable of remedy and You fail to remedy it within 7 days of receiving written notice requiring it to be remedied.
4. Upon the termination or expiration of these terms and conditions:
  1. You must pay Us any outstanding Auction Fees;
  2. You must cease to access and use Our Products;
  3. Your user name and password for Our Products will expire after 30 days; and
  4. Clauses 9 (Privacy), 11 (Intellectual Property), 12 (Warranties and Liability), 14 (Indemnity), 15 (Public Statements), 16.4, 16.5, 17 (Dispute Resolution), 18 (Notice) and 20 (General Provisions) continue.
5. The termination or expiration of these terms and conditions for any reason does not extinguish or otherwise affect any rights of any party against the other which accrued prior to the time of the termination, or otherwise relate to or arise from any breach or non-observance of obligations under these terms and conditions which arose prior to the time of termination, or which by their nature survive termination.
Dispute Resolution
Any dispute relating to these terms and conditions (Dispute) must, prior to a party initiating litigation (other than for equitable or interlocutory relief), be dealt with as follows:
1. the affected party will notify the other with details of the Dispute (Dispute Notice) and, within 14 days of receiving the Dispute Notice, a nominated representative from each party will meet together and attempt to resolve the Dispute;
2. if unresolved within 28 days of the Dispute Notice, the Dispute will be escalated to two more senior executives from each party who will meet and attempt to resolve the Dispute;
3. if still unresolved within a further 28 days of being escalated, either party may refer the Dispute to mediation in accordance with the rules of the Australian Commercial Disputes Centre and the parties must participate in that mediation in good faith;
4. if the parties cannot agree on a mediator within a further 28 days, the Dispute will be referred by the parties to the President, Australian Commercial Disputes Centre, Sydney to nominate a suitably qualified mediator and the parties will accept that nomination;
5. the parties will cooperate to enable the mediator to mediate the Dispute within 30 days of the mediator's appointment; and
6. the fees of the mediator will be paid by the parties in equal proportion.
Notice
1. Notice must be in writing and in English, and may be given by an authorised representative of the sender.
2. Notice may be given to a party:
  1. personally;
  2. by leaving it at the party's address last notified;
  3. by email;
  4. by sending it by pre-paid mail to the party's address last notified;
  5. by sending it by facsimile to the party's facsimile number last notified and then confirming it by pre-paid mail to the party's address last notified.
3. Notice is deemed to be received by a party:
  1. when left at the party's address;
  2. if sent by pre-paid mail, on the third Business Day after posting;
  3. if sent by email, on the next Business Day after the email is sent; and
  4. if sent by facsimile and confirmed by pre-paid mail, at the time and on the day shown in a sending machine's transmission report which indicates that the whole facsimile was sent to the party's facsimile number last notified (or if the day shown is not a Business Day or if the time shown is after 5:00 pm in the party's time zone, at 9:00 am on the next Business Day).
Force Majeure
1. A party is not liable for a breach of these terms and conditions, to the extent that the breach is caused by a Force Majeure Event and for the period that the Force Majeure Event continues, if that party:
  1. notifies the other party as soon as reasonably practicable of the breach and details regarding the relevant circumstances; and
  2. exercises its best endeavours to remedy the breach or otherwise rectify the cause of that breach as quickly as possible.
2. Either party may terminate these terms and conditions if a Force Majeure Event affecting the ability of a party to perform its obligations continues for more than 30 days.
General provisions
1. These terms and conditions constitute the entire agreement between You and Us regarding the use of Our Products.
2. You must not assign, transfer or otherwise deal with any right under these terms and conditions without Our prior written consent, which will not be unreasonably withheld.
3. If We waive, in whole or part, any rights available to Us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
4. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.
5. 20.5 The laws governing these terms and conditions will be the laws in the State of Victoria, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions.
Effective: July 2016

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eAuctions Privacy Policy

eAuctions Pty Ltd - Privacy Policy
We are committed to protecting and maintaining privacy, accuracy and security of Your Personal Information in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth) (Privacy Act), as well as other applicable laws and codes.

This Privacy Policy sets out Our policy relating to the collection, use and disclosure of Your Personal Information. By using Our Products, You consent to be bound by this Privacy Policy.

Definitions
In this Privacy Policy:
1. Auction Data means any data or results in respect of auctions, including, but not limited to number of bids, time of bids, vendor bids, frequency of bids and reserve prices;
2. eAuctions means the system and method for capturing, displaying and recording information associated with live auctions;
3. eAuctions App means either:
  1. the eAuctions ‘Agent’ mobile device application; or
  2. the eAuctions ‘General Public’ mobile device application,
  where Registered Users may access and use eAuctions and access Auction Data;
4. eAuctions Web Portal means Our dynamic web portal, including subdomains of that web portal and mobile sites, where users may access and use eAuctions and use Auction Data;
5. Products means:
  1. the eAuctions Web Portal;
  2. the eAuctions App; and
  3. any other remote service where Registered Users may access and use eAuctions and access Auction Data;
6. Registered User means either:
  1. users who are registered real estate agents, auctioneers, auctioneer assistants who will be using Our Products to manage and facilitate auctions on behalf of sellers; or
  2. users who are members of the public who wish to track and view auctions with Our Products;
7. We, Us, Our means eAuctions Pty Ltd ACN 604 443 781; and
8. You, Yourself, Your means any person or entity using, or intending to use, Our Products.
What is Personal Information?
1. 'Personal Information' referred to in this Privacy Policy consists of any information or opinion that identifies You or that will enable Your identity to be reasonably ascertained. Personal Information can include Your name and contact details such as Your residential or postal address, email address, date of birth or Your telephone number.
2. Information which cannot be reasonably linked to Your identity (e.g. Internet protocol address, browser information, favourite websites, the number of users of a website, or Global Positioning System location data) does not constitute Personal Information and is not regulated by the Privacy Act.
What Personal Information do We collect?
1. We may collect information about You when You use Our Products.
2. We may collect the following information:
  1. Your name, age, email address, mailing address, phone number and mobile phone number;
  2. Your financial information, such as Your bank account or credit card details (as required); and
  3. any other Personal Information You provide to Us Our Products. Providing Us with such information is completely voluntary and You are entirely free to decide whether or not to supply this information. However, if complete and accurate information is not provided to us, You may not be able to access or use some or all of Our Products.
3. When visiting or accessing Our Products, We may also collect and store the following details:
  1. data about live auctions including, details of properties that will be auctioned, advertised prices, reserve prices and details as to particular bids placed in respect of live auctions;
  2. live auctions that You have viewed;
  3. Internet protocol address from which You access Our Products;
  4. the date and time You access Our Products;
  5. any third party website from which You accessed Our Products;
  6. statistics on page views, traffic to-and-from Our Products; and
  7. other transactional information about Your access to Our Products. However, please note that the above information does not personally identify You. Our servers may use this information for security purposes, systems administration, to enforce compliance with our terms and conditions and to protect our products, services and website. We may also evaluate anonymous or de-identified data sets for statistical purposes.
How do We use Personal Information?
In addition to using Your Personal information to provide Our Products to You or Your organisation, this information may be used:
1. to verify Your identity, respond to Your requests, and contact You when necessary;
2. to provide You with news, information and marketing or promotional material in relation to Our Products, Our company or Our affiliates;
3. to monitor who is accessing Our Products;
4. to profile the type of people using Our Products;
5. to improve Our Products; and
6. as otherwise permitted by law.
To whom do We disclose Personal Information?
1. We may provide Your Personal information to:
  1. parties to whom You authorise us to disclose Your Personal Information to;
  2. Our affiliates, contractors and service providers, assisting Us in the provision of Our Products to You;
  3. government and regulatory authorities, as required or authorised by law; or
  4. other third parties as permitted by law.
2. Our staff, affiliates, contractors and service providers who handle or obtain Personal Information are subject to obligations of confidentiality and privacy under the Privacy Act, any applicable privacy laws and this Privacy Policy.
3. However, notwithstanding the above, You acknowledge that by providing us with Your Personal Information and agreeing to the disclosure of Your Personal Information to third parties operating outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas third parties' compliance with the Privacy Act and any applicable privacy laws in relation to Your Personal Information and we will not be liable to You for any breach of the Privacy Act by these overseas third parties on the basis that You consent to such disclosure.
Can I opt-out of providing Personal Information?
1. If You do not wish to have Your Personal Information used or disclosed in a manner described in this Privacy Policy, You can contact us. However, please note that if You do so, You may not be able to access, or use, all or part of Our Products.
2. Notwithstanding paragraph 6.1, We may still use or disclose Your Personal Information if:
  1. We subsequently notify You of the intended disclosure and You do not object to that use or disclosure;
  2. We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions;
  3. to enforce Our terms and conditions;
  4. to protect Our rights;
  5. to protect the safety of members of the public and users of Our Products; or
  6. We are required by law to disclose the information.
Can I opt-out of promotional and marketing content?
1. You may, at any time, elect to opt-out of receiving direct marketing and promotional communications by contacting Our Privacy Officer in accordance with paragraph 12.1 below or by any other simple means to opt-out We provide You. However, please note that some of Our services may include a direct marketing and promotional communications feature which cannot be removed and as such You may not be able to access or use some of Our Products if You elect to opt-out of all direct promotional and marketing communications.
2. Within Our Products, You may elect to not receive future updates or notifications by selecting ‘Do not send me notification emails’ in Your user profile ‘Account Settings’. You may also elect not to receive future newsletters by selecting ‘Do not send me newsletters in Your user profile ‘Account Settings’. All notification emails and newsletters provide You with instructions for opting-out of these future communications.
Third Party Providers
1. For Your convenience, Our Products may contain links and pointers to advertisements, applications and internet sites maintained by external third party providers (Third Party Providers). Some Third Party Providers’ websites can be accessed and viewed through Our Products whilst others may run independently. Third Party Providers are not under Our control and We are not responsible for their content (including suitability for Your intended use) or any link contained in the Third Party Provider’s website. We do not endorse any information on Third Party Providers’ websites nor any associated organisation, product or services.
2. You are responsible for reading the privacy policies and/or practices associated with the Third Party Provider separately.
Use of Cookies
1. In accessing Our Products, We may also utilise “cookies” to enable Us to monitor traffic patterns and to serve You more efficiently.
2. Cookies are small data files which are placed on Your computer by web servers when You visit certain websites. Our Products use cookies to allow us to identify regular visitors and collects information about Your usage of the website. A cookie does not identify You personally, but it does identify Your computer. You can set Your internet browser to notify You when You receive a cookie and this will provide You with an opportunity to either accept or reject it in each instance.
Data Security
1. We will take all commercially reasonable steps to protect all Personal Information which We hold from misuse, loss and from unauthorised access, modification or disclosure. The security of our systems is regularly reviewed to ensure ongoing protection against damage, loss and/or unauthorised access. Our security precautions are regularly updated and improved in line with technical developments.
2. However, You should be aware that no data transmission over the internet can be guaranteed as completely secure. We do not warrant the security of any information You transmit to us over the internet, and You do so at Your own risk.
3. Please note that we may use overseas facilities to process, store, and encrypt or back up information.
How can You access and correct Your Personal Information?
1. We encourage You to update Us regularly with Your Personal Information to ensure that the information that We hold about You is up-to-date, accurate and complete. You may make a request for access to or correction of any personal information we hold about You at any time. We may request You to verify Your identity before processing Your request.
2. A fee will not apply to making a request for access to or to update Your Personal Information. However, a fee may apply and be charged for providing the information to You. The fee covers the cost to us in collating, copying and providing certain information to You.
3. In some circumstances where We correct a record, We may still require retention of the original record.
4. In some circumstances, We may refuse to provide You with access to or correct Your Personal Information including, but not limited to, where:
  1. giving access would have an unreasonable impact on the privacy of others;
  2. the information relates to existing or anticipated legal proceedings, and the information would not be discoverable in those proceedings;
  3. giving access would be unlawful;
  4. denying access is otherwise required or authorised by law; or
  5. the request for access is frivolous or vexatious.
5. If We refuse to provide You with access to or correct Your Personal Information, We will provide You with an explanation in writing.
6. If You wish to stop receiving any communications from Us or if You wish to have Your Personal information deleted, please let Us know by contacting Our Privacy Officer in accordance with paragraph 12.1 below and we will take all reasonable steps to delete it, unless we need to keep it for legal reasons.
7. Personal Information that is obsolete and no longer required will automatically be destroyed except where required for data analysis purposes. If it is used for such purposes, the Personal Information will be de-identified.
Making a complaint
1. In addition, if You have any concerns about how Your Personal information has been collected, used or disclosed, and You wish to make a complaint about a possible breach of privacy laws, You can contact Our Privacy Officer, as set out in paragraph 13.1 below.
2. The Privacy Officer will investigate Your concerns and take any necessary steps to resolve Your complaint. We may need to contact You if we need further information to investigate Your complaint and will advise You of the outcome of the investigation as soon as it is completed. We will endeavour to investigate and resolve Your complaint within 10 business days.
3. If You are not satisfied with the outcome of the investigation, You can contact us again to discuss Your concerns, or You may complain to the Office of the Australia Information Commissioner via www.oaic.gov.au.
Contact Us
If You have any questions about this Privacy Policy, if You wish to access or correct or make an enquiry regarding any Personal Information relating to You which may be in Our possession, if You have a query regarding Our privacy practices, if You have a complaint in relation to a breach of the Privacy Act or the Australian Privacy Principles, or if You would like a printed copy of this Privacy Policy, please contact Our Privacy Officer at email: support@eauctionslive.com.
Changes to this Privacy Policy
We reserve the right to change, modify or update this Privacy Policy at any time. You are responsible for consulting this Privacy Policy on a regular basis to inform Yourself of any amendments that may have been made. The amended Privacy Policy will apply between us whether or not We have given You specific notice of any change.

Effective: July 2016

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