geewizauctions.com. TM ©
BY VISITING AND USING THE WEB SITE USERS AND MEMBERS AGREE AS FOLLOWS:
BIDDING MEMBER & SELLING MEMBER AGREEMENT (the “Agreement”)
Introduction.
geewizauctions.com is not an Auctioneer or a Real Estate Agent
geewizauctions.com is commonly referred to as an online real estate auction web site, however it is important to understand that we are not "auctioneers or real estate agents". This Site is a venue for Selling Members to offer for sale by auction and sell, for Bidding Members to buy real property at anytime, from anywhere, in an auction-style format commonly referred to as an "online auction" and for User Registrants to open, read, and download property related documents.
geewizauctions.com is not involved in the actual transaction between buyers and sellers. We have no control over the quality, safety or legality of the real estate posted by Members on the Site, the truth or accuracy of the real estate listings or the accompanying documentation, the ability of sellers to sell real property or the ability of buyers to buy real estate. We cannot and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using this Site.
Purpose of Agreement.
This Agreement describes the terms and conditions that govern Members and Users of our site and services at geewizauctions.com (the "Site") and our general principles.
Intending Members and Users must read, agree with and accept all of the terms and conditions contained within this Agreement, the Special Auction Terms and Conditions for geewizauctions.com (Terms) and our Privacy Policy before becoming accepted as a Member or User of this website.
We may amend the terms of this Agreement from time to time by posting amended terms on our Site.
All amended terms shall be immediately effective after being posted on our Site. If Members and Users
do not agree with such changes, Members and Users must terminate their membership of geewizauctions.com.
Members Information.
Members Information" is defined as any information provided to us or other users by Members, real estate agents or sellers in the registration, bidding or auction process or through any email feature. Members Information includes the descriptions of real estate and the accompanying documentation Members list for sale or display on our Site as well as any content Members post on other web pages. Members are solely responsible for Members Information. This Site is a passive online conduit for Members Information.
No Endorsement or Legitamisation.
If we send communications and notices our communications do not represent any endorsement, guarantee or legitimisation of Members’ dealings. Members are responsible for completing all relevant legal obligations in dealings Members participate in including monitoring the status of information sellers and buyers provide. We do not control, endorse or approve information or content provided by Members. You may find Members information inaccurate, or deceptive. Please use caution and common sense when using our Site
Member Eligibility.
Membership to Sellers and Bidders and our services are available only to individuals who can form legally binding real estate contracts under applicable law.
Fees and Services.
There are no fees for Bidding Members (but a deposit is required as detailed in this Agreement).. There is a fee for Selling Members. An application to become a Selling Member with the appropriate fee must be accepted by geewizauctions.com prior to services being rendered. When a property is listed for auction there is a fee for the use of our services. We may change our Auction Fees Policy and the fees for our services from time to time. Changes to our fees are immediately effective for all new business after posting the changes. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. Selling Members are responsible for paying all fees associated with using our service and our Site including GST
Bidding and Buying.
The highest Bidder is obligated to complete a legally binding Contract of Sale of land provided the bid is acceptable to the seller, unless the dealing is prohibited by law or this Agreement. By bidding on real property Members agree to be bound by the conditions of sale so long as those conditions of sale are lawful. Members are certifying that they have the legal right to purchase real property (suitable only for persons aged 18 years or over in Australia).
Membership & Bidding Deposit.
Before bidding, a bidder must register as a Bidding Member. An application for Bidding Membership is available on this site. A refundable bidding deposit of $50 is required with the application. Upon acceptance of the application and the deposit the bidder is then issued an ID and password. Bidders ID and password are restricted to one property and allow multiple bids on that property until the auction closes.The bidder acknowledges and agrees that, in the event geewizauctions.com provides the bidder with identification and passwords, the bidder:
(a) bears sole responsibility for protecting all identification and passwords;
(b) will not provide such identification and passwords to any third party;
(c) will remain fully responsible and liable for any authorised or unauthorised use of any identification and passwords;
(d) will for security purposes change such identification and passwords as directed by geewizauctions.com if requested.
Refund of Deposits.
The deposit is fully refundable on request at anytime during the auction unless that is the high bid at the time. All deposits are refunded on the close of the auction including the deposit of the highest bidder except in the case where the bidder is unable or unwilling to form a legally binding contract of sale with the seller within the stipulated time.
Bidders.
Before lodging a bid, bidders acknowledge and accept all risks, they acknowledge that they have read and understood any auction conditions, the Contract of Sale, all documents including descriptions, inspections and advices attached to the bid. That they have carried out their own research, conducted due diligence and that they have read and understood this Agreement including the Geewizauctions.com Special Auction Terms and Conditions. Each bid must be advanced by the amount indicated above the posted current bid. The top bid will not necessarily be accepted by the seller unless the reserve price has been reached. A bid made within 15 minutes of the posted close time automatically extends the close of the auction to 15 minutes after that bid is made.
Acceptance.
A bid is considered accepted when a legally binding Contract of Sale is formed between the bidder and the seller. This brings the auction to an end.
Winning Bids, Contract of Sale, Default and Consequence about the Bidding Deposit.
Bids are not legal and binding until a Contract of Sale has been formed between all parties. Winning Bidders will be notified of a successful bid and will be required to complete a Contract of Sale with the Seller within a stipulated time at the close of the auction unless an extension of time is given by the Seller. Any extension of time is entirely at the Seller’s discretion. Where the Bidder is unwilling or unable to form a legally binding Contract of Sale within the stipulated time the Bidder is considered to be in default. If a Bidder defaults by not forming a Contract of Sale with the Seller the Bidder hereby authorises geewizauctions.com to donate the “bidding” deposit to the Fred Hollows Foundation. (Please read the Special Auction Terms clauses 4.2.1 and 4.2.2. (Successful Bidder) for further information on default and consequence). When deposits are refunded the membership, ID and password are cancelled.
Bidders and Sellers Communications.
Sellers and Bidders are encouraged to communicate directly with each other through the information on our site.
Listing and Selling.
Selling Members must be legally able to sell the real property listed for sale by auction on our Site. Each Seller is responsible for maintaining complete and accurate information on the properties they place for auction. Members must describe the real estate property and all disclosures on the appropriate pages of our Site. Members listing may include text descriptions, graphics, pictures and other content relevant to the sale of that real estate. Sellers and Property Owners agree that buyers can make offers in the normal way to the selling agent but only before the auction starts. These Offers are known as Early Bird Offers. Once the auction starts all offers and bids must be shown online..
The Property Owner.
The owner reserves the right to accept any bid or offer to purchase at any stage of the auction provided that the offer or bid has been made by a registered Bidder and has been displayed live on the website for 24 hours. The Property Owner reserves the right not to accept a bid unless the reserve price has been reached or to withdraw the property from sale at anytime before the reserve price has been reached.
Bidding Close.
Bidding finishes at the close time of the auction, if the property is withdrawn from sale, or if the Property Owner has accepted a legally binding Contract of Sale
Restrictions.
Members Information (including but not limited to any real property listed) must not:
(a) be false, inaccurate,misleading or fraudulent;
(b) violate any applicable law, statute, ordinance or regulation;
(c) contain any viruses, or other computer programming routines that may
damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access
without authority or expropriate any system, data or personal information;
(d) create liability for us or cause us to lose (in whole or in part) the services of our ISPs
or other suppliers; and
(e) link directly or indirectly to or include descriptions or services that:
are concurrently listed for sale on a web site other than geewizauctions.com (this
does not prevent linking to or advertising real estate geewizauctions.com auctions
from another web site)
Access and Interference.
Members agree that Members will not use any process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. Members agree that Members will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. Members agree that Members will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Members agree that Members will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Members Information) from our Site without the prior express written permission of geewizauctions.com or the appropriate third party authorised to grant such permission.
Licence.
Members agree to grant geewizauctions.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) Members have in Members Information, in any media now known or not currently known, with respect to Members Information. geewizauctions.com will only use Members Information in accordance with our Privacy Policy
Terminate.
Without limiting any other remedies available to geewizauctions.com at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Members’ membership and refuse to provide our services to Members without showing cause
Privacy.
geewizauctions.com has a Privacy Policy which applies to all Members and is incorporated into this User Agreement by reference. Our current Privacy Policy is incorporated into this Agreement. Members must read and accept our Privacy Policy upon registration in order to use our Site, and Members will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while Members are a member of geewizauctions.com.
No Warranty.
We provide our website and services on an “as is” basis without any warranty or condition, express, implied or statutory. geewizauctions.com specifically disclaims any implied warranties of title to real property. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services. The operation of our Site may be interfered with by factors outside our control.
Limitation of Liability.
1. To the extent that geewizauctions.com and all affiliates and related entities of geewizauctions.com are able to limit the remedies available at law to Members, geewizauctions.com and all affiliates and related entities of geewizauctions.com expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at geewizauctions.com sole discretion): the supply of the services again; or
2. the payment of the cost of having the services supplied again.
Indemnity.
Members agree to indemnify and keep us and (as applicable) our officers, directors, agents, and employees, indemnified from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of Members’ breach of this Agreement or the terms and policies it incorporates by reference, or Members’ violation of any law or the rights of a third party.
Compliance.
Members shall comply with all applicable Country, State, Territory, Area, law (including common law) and international laws, statutes, ordinances and real estate regulations regarding Members use of our service and Members bidding on, listing, purchase, and solicitation of offers to purchase real property. Specifically, Members must ensure that Members activities on real property, Members list, and Members Information Members post on our Site, do not violate the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. Members must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. geewizauctions.com is not responsible for Members or Members’ activities. Members alone must comply with all applicable laws. Members must comply with this Agreement and our Privacy Policy and any other policies incorporated by reference into this Agreement. The sale of real property ordinarily requires a written contract of sale that is signed by all interested parties to the contract.
No Agency.
Members and geewizauctions.com are independent contractors. This Agreement is not an agency, joint venture, employee-employer, franchisor-franchisee relationship or partnership.
Notices.
Except as stated otherwise, all notices shall be given by registered ordinary post, by facsimile transmission or to the email address Members provide to geewizauctions.com during the registration of Membership process (in Members case). Alternatively, we may give Members notice by certified airmail, postage prepaid and return receipt requested, to the address provided to geewizauctions.com during the registration process, or as updated by Members as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Perth, Western Australia, other than a Saturday, Sunday or public holiday.
Arbitration.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. Members agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
Our Listing and Selling Policy.
We may change the Listing and Selling Policy from time to time and our changes are effective immediately for new business.
Privacy Policy.
We do not sell our data, period.
Collecting Information.
Although geewizauctions.com is committed to ensuring the confidentiality and privacy of our members and customers' personal information, perfect security does not exist on the internet. In relation to managing personal information, geewizauctions.com abides by the National Privacy Principles contained in the Privacy Act.
For the purpose of providing a website to auction real property online we collect and record Members personal information to register Members interests and property details, maintain our member and customer databases and to administer refunds of deposits and invoice accounts.
We may distribute Members personal information within our company and/or disclose it to other parties in connection with our normal business operations. However, we do not disclose any personal information for any other purposes without Members consent. If we do, it will only be disclosed to someone else as required by law.
If Members do not provide us with Members personal details, we may not be able to provide our services to Members.
If Members require to access, update or correct Members personal information, please log in and edit your details.
Listing and Services Policy.
Our listing and services fee is payable at the time of listing. Services are not available until the fee payable has been verified by the system.
General.
This Agreement shall be governed in all respects by the laws of the State of Western Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. Members agree that this Agreement and all incorporated agreements may be automatically assigned by geewizauctions.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by Members or others does not waive our right to act with respect to subsequent or similar breaches. Members agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections on, Agency, Access and Interference, Liability Limit, Indemnity and Arbitration shall survive any termination or expiration of this Agreement.
Conditions for geewizauctions.com (Terms)
1. Application of Terms
1.1 These Terms which are used in geewizauctions.com apply to Bidders for the Property, the Seller of the Property or the Agent who may be selling the Property on behalf of the Seller, as appropriate.
1.2 To the extent that these Terms are inconsistent with any residential auction statutory requirements of the jurisdiction where Property is located, these Terms are modified accordingly
2. Warranties and provision of information required under statute
2.1 As a Bidder for a Property, you warrant your ability to enter and complete the contract of sale for the Property in accordance with the terms and conditions contained in that contract of sale.
2.2 The Seller of the Property warrants that they are lawfully entitled to sell their Property by way of public auction.
2.3 The Seller (or the Agent as the case may be) warrant that they have, prior to the auction, provided all bidders with all information relating to the Property which are required by statute in the jurisdiction where the Property is located.
2.4 If the Seller is selling their Property through an Agent, the Agent must ensure each Bidder is entered on the Bidder’s record if it is a statutory requirement in the jurisdiction where the Property is located.
Effective Date
This Agreement is entered into as of the “Effective Date”. The date we record is the date and time that Members click “I accept these terms and conditions”. The Terms and Conditions in this agreement are current from 1st January 2007 ©