1.1 You are a person who is accessing the Website.
1.2 Your
access to the Website is subject to these terms and conditions, the
Carlins Privacy Policy, any other terms and conditions or other
statements contained on the Website and, if You access Carlins Cyberlot
, the additional terms and conditions as set out in the Carlins
Online Agency Deed. By accessing, viewing, otherwise using the Website
or by clicking the “I Accept” button on the Website, You agree to be
bound by these terms and conditions.
In these terms and conditions:
“Account” means Your account
with Carlins in relation to any Information Services provided by Us,
accessible via the Website and comprises of Your Account Details;
“Account Details” means information relating to Your Account, including
but not limited to Your name, address and financial details/information;
“Application Form” means an application form that is available for
download from the Website or as an online form to be completed and
submitted electronically via the Website or through Carlins, which
forms part of the Carlins Online Agency Deed, relating to the
Information Services provided by Carlins to You;
“Bidder” means a person who has completed an Application Form and is
accepted by Carlins (at Carlins’s discretion) and registered to issue
Online Bidding Authorities;
“Business Day” means a day that is not a Saturday, Sunday or public holiday in Melbourne;
“Content” means any information and material provided on the Website
which is made available by Us, including information associated with
auctions and links to related websites;
“Information Services” means the provision of information relating to
the auction of properties online, excluding Online Bidding Authority;
“Login Details” means the username and password We may provide You
with, or as modified by You from time to time, granting You access to
information and services on the Website;
“Online Bidding Authority” means the service provided by Carlins to
Bidders enabling Bidders to authorise (online, using the Website) an
agent to make a bid at an auction on their behalf, subject to the terms
and conditions set out in the Carlins Online Agency Deed;
“Website” means the website located at www.carlinsononline.com.au, which Carlins has developed and operates;
“Carlins”, “Us” or “We” means Carlins Automotive Auctioneers Pty Ltd
ACN 069 430 182 (trading as Carlins) or any of its associates or
related bodies corporate;
“Carlins Online Agency Deed” means the deed between a Bidder and
Carlins under which Online Bidding Authority services are provided;
“Carlins Privacy Policy” means the privacy policy available on the Website, as amended from time to time; and
“You” or “Your” means those person(s) who wish to have access to the
Website subject to and on the terms and conditions of these terms and
conditions.
We agree to You accessing the Website on the terms and conditions set out in these terms and conditions and for the purposes of:
4.1 Carlins may invite You to apply for access to Online Bidding
Authority, subject to the terms and conditions for its use as set out
in the Carlins Online Agency Deed.
4.2 On acceptance of those terms and conditions, We will issue Login Details to You.
4.3 You are responsible for maintaining the secrecy and confidentiality
of Your Login Details and any other means of identification required
for You to access Carlins Information Services, including any
additional Login Details that may be issued to You from time to time.
4.4 You agree not to record Your Login Details in the same place or in
a manner in which their confidentiality could be compromised.
4.5 If You become aware or suspect that:
You will immediately:
4.6 You are responsible for any action carried out and authorise Us
to act upon any instructions given by any person having accessed Your
Account with Your Login Details.
4.7 You accept full responsibility
and indemnify Us for any expenses, loss, damage, costs, demands or
liabilities incurred by Us directly or indirectly, out of or in
connection with, the use, including (without limitation) any improper
or unauthorised use of Your Login Details.
4.8 You must only access Your Account for legitimate and lawful
purposes and in accordance with any instructions or directions posted
to You or on the Website from time to time.
4.9 You acknowledge that We may withdraw or restrict Your access to the
Website or Online Bidding Authority at any time and can withdraw or
restrict Your access within 2 Business Days if You instruct Us to do so.
4.10 You acknowledge that We may withdraw or restrict the Online
Bidding Authority or Information Services We provide to You at any time.
You agree that, at all times, You will provide true, accurate, current and complete information about You to Us.
You cannot assign Your rights under these terms and conditions without the prior written consent of Carlins.
7.1 We may, at our sole discretion, vary or modify these terms and
conditions without notice. Any subsequent access to, or use of, the
Website or Online Bidding Authority by You will constitute an
acceptance of those modifications.
7.2 You agree that any
instructions for using or accessing Your Account provided to You or
posted on the Website from time to time form part of the Carlins Online
Agency Deed or these terms and conditions, as applicable.
8.1 Any Content available on the Website is of a general nature only.
8.2 Unless expressly stated otherwise, the fact that the Content is accessible through the Website:
8.3 You agree that where Carlins is required, by law or otherwise, to provide You with a document or notice, You consent to the provision of that document or notice via electronic means and/or through links provided on the Website. We suggest that any such document be printed or electronically stored for future reference.
Carlins makes no warranty that the use or operation of the Website, any Information Services, Online Bidding Authority, the Content or any aspect of the Website will be uninterrupted or error-free or that Online Bidding Authority, the Website or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.
Where any Act, law or statute implies in these terms and conditions any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in these terms and conditions. However, the liability of Carlins for any breach of such term, condition or warranty will be limited, at the option of Carlins, to:
11.1 All trade marks on the Website are owned, or used under licence by, Us.
11.2 Nothing contained on the Website should be construed as granting
any licence or right to use any trade mark. Your use of the trade
marks, or any other Content, except as provided herein, is strictly
prohibited.
11.3 All Content is protected by copyright laws and is owned, or used under licence by, Us.
11.4 You agree not to delete any copyright notices or other indications
of protected intellectual property rights from materials that You print
or download from the Website.
11.5 You agree not to upload, post, reproduce or distribute any
information or other material protected by copyright or any other
intellectual property right (as well as the rights of publicity and
privacy) that are not expressly authorised by Us.
You agree that We may handle Your personal information in accordance with the Carlins Privacy Policy as amended from time to time.
These terms and conditions are governed and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
All vehicles purchased via an Auction Sale at Carlins attract a $300.00 Admin Fee. An additional Admin Fee of $100.00 will apply to all vehicle sales processed via the Carlins Online Live Webcast. Therefore a $400.00 Admin Fee applies to all vehicles sold via the Carlins Online Auction.