ABC Live Auction World, icollector.com, liveauctionworld.com, liveauctiongroup.com, livebiddernetwork.com, subsidiary brands, afiliate platforms and its country specific URLs (hereinafter referred to as “ABC”) SOFTWARE AND SERVICES AGREEMENT: THIS AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND ABC REGARDING THE USE OF its SOFTWARE AND/OR SERVICES. BEFORE YOU CLICK ON THE "I AGREE" BUTTON BELOW THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "I DISAGREE" BUTTON.
General: Who am I contracting with? I agree that the ABC Site is a website and a mere conduit for offers and acceptance to be exchanged in relation to auctions of products posted for sale or for auction on the ABC Site ("Product(s)"). When making an offer to purchase a Product or Products which is accepted, I agree that ABC will not be a party to that agreement and will have no responsibility whatsoever for performance of the sale or delivery of the Product or Product(s) upon payment. I further agree that, when making an offer to purchase a Product or Products, I will enter into a contract of purchase with the person identified as the "Seller" on the ABC Site and on the terms set out on the ABC Site for payment, delivery and other material issues. Who is Responsible for Product Descriptions and Warranties? The ABC Site enables individuals, companies and professional auctioneers to list Products for sale. It is those persons who prepare the product descriptions which appear on the site and it is those persons who are responsible for the accuracy of the descriptions and for all contractual and other warranties made with respect to the product sold. I agree and fully understand that ABC will not be responsible or liable to me for any of the factual and other content of the information posted on the ABC Site. If I have any complaint or claim to make in relation to the purchase of a Product on the ABC Site, I can only make it against the person identified as the "Seller" on the Site. The Following are the terms of my agreement with ABC with respect to my use of the ABC Site as a "Buyer": DEFINITIONS: "Live Auction" means an auction wherein remote users can bid either through absentee bids or real time bids through the internet using ABC technology on items being auctioned on the floor of an auction house or in another such live event. "Seller" means an auction house, company or individual listing product for sale through ABC or ABC Services. "Buyer" means an auction house, company or individual (you) purchasing product posted for sale through ABC or ABC Services.
1. ABC is Only a Venue. The Buyer hereby agrees and acknowledges that (i) ABC has no control over the Buyers or Sellers, their identities, the quality or accuracy of products being offered by the Seller or the ability of the Buyer to complete any transaction; (ii) ABC facilitates online participation in live auctions but is not a party to any actual transaction between the Buyers and Sellers; and (iii) ABC does not control whether an item is actually sold and to which bidder an item is sold.
2. Services. The Buyer agrees and acknowledges that (i) ABC is not a certified Auction House and therefore does not conduct the Live Auctions (ii) ABC is solely a passive conduit to facilitate the live auctions and communication between the buyers and Sellers and that (iii) ABC reserves the right in its sole discretion to change some or all of its services at any time.
3. No Guarantee. ABC does not guarantee or covenant the accuracy of the product description or that the images used to illustrate products are correct or do not violate trademarks or copyrights. ABC does not guarantee or covenant that the Live Auction technology, the ABC site or any related services will meet your requirements or be uninterrupted or error-free. ABC does not guarantee real-time performance of any service or that it will execute all online or absentee bids. ABC HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE ABC SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAID INFORMATION AND ITS ACCURACY OR WITH RESPECT TO THE INTEGRITY OR SOLVENCY OF THE "SELLERS" WHO POST PROPERTY FOR SALE THROUGH THE ABC SITE.
4. NO WARRANTIES. YOU AS BUYER AGREE THAT ABC IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE ABC SITE AND THAT ALL SUCH WARRANTIES, COVENANTS AND REPRESENTATIONS ARE PROVIDED BY THE "SELLER" IDENTIFIED IN THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONLY THE "SELLER" CAN PROVIDE YOU WITH WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE AS BUYER THAT THE ABC SOFTWARE, THE DATA ENTERED INTO THE SOFTWARE, THE SELLER’S AUCTION INFORMATION, OR ANY OF THE ABC SERVICES TO BE PROVIDED MAY BE INCORRECT, OR MAY BE PUBLICLY AVAILABLE, OR MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, ERRORS AND OMISSIONS MADE IN UPLOADING AUCTION DATA, FAILURE OF TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, POWER FAILURES, SYSTEM OR SERVER FAILURE, THE TURN OF THE MILLENNIUM, TRAVEL DELAYS, INTERNET FAILURE, HACKERS, AND ACTIONS AND OMISSIONS OF THIRD PARTIES.
5. LIMITATION ON LIABILITY. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF ABC SERVICES AND AUCTION SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY ABC OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ABC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ABC SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USEAGE, OR NEGLIGENCE OF ABC OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS.
6. Bidder Services. ABC offers Buyers the opportunity to participate online as bidders in live auctions run by professional auctioneers and to compete with other online bidders and traditional on-site bidders ("Bidder Services"). ABC reserves the right, in our sole discretion, to add, delete or change some or all of our services at any time without notice.
7. No Cost. Currently, use of ABC Bidder Services is free. ABC reserves the right, in our sole discretion and upon reasonable notice, to charge for Bidder Services in the future.
8. General Eligibility for Bidder Services. Because Buyers using Bidder Services may enter into binding legal agreements to purchase goods or services being auctioned, you must be able to form a legally binding contract under applicable law to use ABC Bidder Services and software. As a result, and without limiting the generality of the foregoing, ABC's services are not available to minors.
9. Eligibility for Specific Auctions. Sellers may have different standards for approving individual auction participants, you may be required to apply for and obtain approval to participate in a specific auction. Approved Buyers will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. ABC and each Auction House reserve the right to refuse to approve any person applying to participate in any auction.
10. Auction Dates and Times. Auction dates and times are set by the Seller and are subject to change without notice.
11. By signing up for an individual auction with iCollector/ ABC, you agree to the terms and conditions set forth by the auction house you wish to bid with in addition to agreeing with the terms in this document.
12. Bidder Information. Bidder Information includes any information you provide to us during the registration or bidding, in any public message area or through any email feature. You hereby represent and warrant that your Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
13. Bids. By placing a successful bid, you are entering a binding agreement between yourself and the Seller. Bids for a particular item are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, ABC will automatically round your bid down to the nearest increment. Once accepted, bids may not be retracted or cancelled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by e-mail. Reserve bid amounts are displayed at the discretion of the Seller.
14. Taxes/ Buyer’s Premium/ Commissions. You are responsible for any taxes, buyer’s premium and commission charges applicable to the purchase of auctioned goods or services obtained through the use of Bidder Services.
15. Auction Data. You hereby agree not to record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of Bidder Services during a live auction (collectively, "Auction Data"). ABC owns all right title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.
16. Termination. Without limiting any other remedies, ABC reserves the right to terminate your use of Bidder Services at its sole discretion.
17. Release. Because ABC is not a party to any actual transaction between bidders and Auction Houses, in the event that you have a dispute with one or more Auction Houses arising out of your use of Bidder Services, you hereby release ABC, the NAA, its agents, employees, officers and directors from any claims, demands and damages (whether direct or indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
18. No Agency. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and ABC.
19. Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to ABC during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
20. Governing Law and Language. This Agreement will be governed and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein. All parties agree that any claim under this Agreement shall be brought in a court of competent jurisdiction in British Columbia.
21. Assignment. You will not assign or transfer this Agreement, or any of its rights and obligations hereunder without ABC’s prior written consent.
22. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact ABC for any reason, please call (866)-313-0123, Fax (778) 285 - 1189.