Terms of Service
Last Update: July 23, 2015
Welcome to Dutch eAuction’s website for Motor Vehicles! Thanks for stopping by.
In this Terms of Service, Dutch eAuction Inc. (a BC company), together with its parents, subsidiaries and affiliates (as defined below) are collectively referred to herein as "the eAUCTION", "we," "our", or "us". The terms "you", "your", and “customer” refer to you as a user of our Website(s) (as defined below).
We have developed these Terms of Serivce to assist you in understanding your rights and obligations to other customers and to the eAUCTION. Through these Terms of Service, we create an environment where Sellers can be confident they will be paid true market value for the Items they sell and Buyers can be confident about the quality and condition of the Items they buy. Our goal is to provide you with a quick, efficient and trustworthy marketplace that delivers better results than you can get anywhere else.
Please read this Terms of Service carefully before using the Website. The Terms of Service is a legally binding agreement between you and the eAUCTION that contains disclaimers of liability and other terms that affect your rights. By using the Website (as defined below) and accessing Website Content (as defined below), you acknowledge and agree that you have read, understood and agree to be bound by this Terms of Service. If you do not agree to be bound by this Terms of Service, you should leave the Website immediately and cease all your use of it.
Please note that nothing in this Terms of Service affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded.
We may amend this Terms of Service at any time by posting the amendments on our Website. Any amendments will be effective from the time they are posted on the Website. Once posted, the amended version of the Terms of Service immediately supersedes any previous versions of the Terms. Your continued use of the Website will be deemed to indicate your acceptance of the amended Terms.
We may terminate this Terms of Service at any time by deleting your user account for breach of this Terms of Service or if you otherwise put the eAUCTION at risk of legal exposure. We may also terminate this Terms of Service without notice to you if we decide to discontinue providing the Website. The license you grant to us to use any User Content (as defined below) that you submit, all indemnities, and all terms limiting our liability shall survive termination of this Terms of Service.
The terms described in this document are focussed on motor vehicles. If other Items are sold through the eAUCTION these policies, terms and conditions still apply and should be interpreted in a reasonable matter.
Our Core Values
For the purposes of this Terms of Service the following terms have the associated meanings.
Affiliate Any entity that controls, is controlled by, or is under common control with the eAUCTION.
Arbitration The dispute resolution process described in the Arbitration section of this Terms of Service.
Buyer A Customer who purchases, offers to purchase and/or bids on Vehicles and/or Services through the eAUCTION.
Safety Inspection Report A report that proves the roadworthiness of a vehicle.
Condition Report A description of the physical and/or mechanical condition of a Vehicle including any Vehicle photographs and/or Vehicle grade – generally more comprehensive than a Safety Inspection Report.
Customer A registered motor vehicle dealer, individual, partnership, association, corporation, limited liability company, trust, unincorporated organization, government agency or other business entity or enterprise that is expressly or implicitly authorized to conduct business with the eAUCTION. References to “you” include the Customer or your representative.
Customer Representative The Customer’s authorized representative and any person that has the actual or apparent authority to act on behalf of the Customer.
Dealer Car A motor vehicle that is offered for sale by a Customer who is a licensed motor vehicle dealer that operates one or more retail motor vehicle dealerships.
Disclosure A mandatory disclosure about a Vehicle as set out in the Seller Disclosure Obligations section of this Terms of Service.
Fees The fees and charges established by the eAUCTION from time to time for Services.
Major Deception An act, representation or omission that, having regard to all of the circumstances would reasonably be regarded as misleading, unprofessional, or unethical and includes, but is not limited to, the failure to make a Disclosure that materially affects the value of the Vehicle.
PII “Personally Identifying Information” as further defined in our Privacy Statement.
Posting The act of submitting material or making anything available to or through the Website or other eAUCTION services or servers. This includes, without limitation: submitting listings or other content, posting comments, and sending messages to other users through the Website.
Reserve Price The minimum price established by the Seller at which a listed Vehicle may be sold.
Seller A Customer who offers a Vehicle for sale through the eAUCTION’s Services.
Services The Vehicle marketing services and products offered by or through the eAUCTION including but not limited to sale by auction and other means.
User Content comments, ratings, reviews, listings for sale or auction, messages to other users, or other content.
Vehicle An automobile, truck, recreational vehicle, wagon, motorcycle, snowmobile or any other vehicle designed to run on land and also includes boats, marine craft, machinery and equipment.
Vehicle History Report A report from an accepted industry source regarding the history and/or condition of a Vehicle that meets accepted industry standards.
Website The websites and servers accessible at dutchEauction.com and any associated or co-branded features, services, content, mobile and other online applications, products and services provided to you by the eAUCTION.
Website Content The contents of the Website.
Additional terms may apply to your use of specific features or services. Where additional terms apply, those terms will be accessible to you or shown to you. You agree to read and be bound by those additional terms. If those additional terms conflict with this Terms of Service, those additional terms will take precedence over this Terms of Service in the context of your use of the feature or service to which they pertain.
If you are 18 or older, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access the eAUCTION in compliance with the Terms; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from the eAUCTION, excluding content you create and sharing with friends/family.
Buyers and Sellers must identify themselves by creating an account with the system in order to use the Website and participate in the auction. You are responsible for your use of the Website, and for everything submitted to the Website while using your user account, including anything posted by others who may gain access to your account.
Select a strong password for your user account, and keep it secure. You are responsible for maintaining the confidentiality of your user ID and password and will be liable for all transactions conducted with them. You understand that any submissions or actions that are in violation of any applicable law (including, but not limited to infringement of intellectual property rights), may lead to legal action against you. Please immediately notify the eAUCTION in writing upon the discovery of any unauthorized use of your account. Sharing user IDs and passwords is strictly prohibited.
You agree to provide us with current and correct information wherever requested, and to update that information if it changes. You agree to notify us and provide a current email address if your email address changes.
You cannot accept any kind of compensation (monetary, in-kind, or otherwise) for actions you take on the Website -- for example, you can't sell your user account, or post or promote content for other people for any sort of reward. Your user account is for your personal use only.
If we feel that you have breached this Terms of Service, we may modify, deactivate, limit, or delete your user account, or we may block you from accessing the Website entirely. If we delete, deactivate or limit your user account for breach of this Terms of Service, you may not create another user account without our permission.
ACCESSING AND BROWSING THE WEBSITE
You agree to access the Website using only the interfaces that we provide. You may not access the Website by any automated means, including scripts, bots, robots, spiders, scrapers, crawlers, etc., for downloading, uploading, posting, flagging, emailing, search, or mobile use. Also prohibited are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' PII.
You may not reproduce content from the Website on other websites, or present our content in HTML "frames" or by similar means. You agree not to attempt to hack, disrupt, gain unauthorized access to, or interfere with the Website, any associated networks or servers, or another user's account.
You may view and print pages from the Website for your own personal use, provided that you do not alter the content and provided that all copyright and trademark notices are included. The eAUCTION reserves the right to change any aspect of the Website, including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you.
The Internet is not a secure means of communication. The privacy, integrity and authenticity of any communication over the Internet cannot be ensured. The eAUCTION is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if the eAUCTION communicates such information to you at your request.
All rights in the design, source code, and appearance of the Website, and all of the materials and content made available through the Website are owned by or licensed to the eAUCTION. These materials are protected by law against unauthorized copying and reproduction. Any unlicensed use, reproduction or distribution any of this proprietary material is expressly prohibited. Trade-marks appearing on the Website are owned or licensed by the eAUCTION or its affiliates, or are owned by third parties. You may not use or display these trade-marks except as may be required in order to make use of the Website in accordance with this Terms of Service. The display of any trade-marks on the Website does not imply that a license has been granted for any further use.
You cannot post any content to the Website that infringes upon the intellectual property rights of others. If we believe that you have posted infringing content, we may delete or modify your posted content. If you repeatedly post infringing material, we may delete, disable or limit your user account. Infringement of third-party intellectual property rights may lead to legal action against you. Please report any suspected infringement of your intellectual property rights to us.
When you submit any User Content, you must abide by the following rules:
- Be honest, relevant, and factually accurate. Any opinions that you express must be your own and must be genuinely held.
- Don't post any deceptive or misleading "for sale" listings. Descriptions of items listed for sale must be accurate and truthful.
- Don't post anything that violates any applicable law or breaches any contractual or legal obligation you may have to any other person. Don't encourage others to commit illegal acts or to violate this Terms of Service.
- Don't post anything that may be defamatory, incorrect, false, misleading, malicious, threatening, abusive, harmful, obscene, offensive, slanderous, racist, libelous, or otherwise objectionable. Don't harass, threaten, or annoy other users. Don't impersonate any other person.
- Don't try to solicit anyone else's PII (except as may be required to conclude the sale of an item listed on the Website). Don't post other people's PII.
- Don't conspire with others to push a product or an agenda on the Website. Don't post spam, chain letters pyramid schemes or commercial messages for any other person or business.
- Don't post or link to harmful or malicious content, malware, or computer viruses.
- Don't post anything that infringes on anyone's intellectual property rights.
- Don’t impose an unreasonable load on our infrastructure or interfere with the proper working of the eAUCTION;
When you submit User Content to the Website, you retain ownership of copyright and other intellectual property rights in that content, but you grant the eAUCTION a perpetual, irrevocable, unlimited worldwide, fully paid royalty-free, non-exclusive, transferable and sublicenseable license to use, copy, perform, display, modify, reproduce, make available, and redistribute it in any form, format or media now known or later developed, without any requirement for attribution or compensation to you. You agree that access to the Website is sufficient consideration for the license you grant to us. You waive any right you may have to take action against us, our subsidiaries, affiliates, or sublicensees for infringement of any intellectual property or moral rights you may have in any User Content. By submitting any User Content, you represent and warrant that you own or have licensed all relevant rights in that content, including intellectual property and personality rights, and that our use of your submissions will not infringe upon or violate the intellectual property rights, privacy rights, publicity rights or any other rights of any third party. Except with respect to the forgoing, all information and records, whether oral, written, visual, electronic, digital or tangible (collectively “Data”) transmitted, received or stored on or using the eAUCTION’s systems, equipment, computers, servers, or premises is the property of the eAUCTION.
Accordingly, the eAUCTION has the right to use, control access to, aggregate, modify, package, derive benefit from, remove, destroy or sell Data in whole or in part. The eAUCTION reserves the right to temporarily or permanently suspend a Customer’s privileges at any time and may remove, modify or delete user submissions that appear to breach this Terms of Service, or which appear to infringe on the intellectual property rights of others, or for any other reason. We may do this on our own initiative, or pursuant to a court order, lawful request, or demand. Notwithstanding the foregoing, Data that contains PII will only be used and disclosed in accordance with the eAUCTION’s Privacy Statement.
MODERATION OF USER CONTENT
User Content may be subject to moderation prior to publication on our website, and at any time thereafter in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. We may edit, modify, delete or refuse to publish any content at any time and for any reason, including for breach of this Terms of Service. You understand that we have no obligation to moderate any content on the website, and that we may stop moderating content at any time.
- not to bypass said moderation,
- that we are not liable for moderating, not moderating, or representations as to moderating, and
- nothing we say or do waives our right to moderate, or not.
You are solely responsible for any User Content that you submit, and you understand that content you see on the Website may not have been reviewed by a moderator. The eAUCTION does not endorse any User Content, and takes no responsibility for the accuracy or reliability of any User Content. It's your responsibility to decide whether the content you see on the Website is accurate or reliable.
Any advertisements, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including our advertisers, service providers or other users, are those of their respective author or distributor and not those of the eAUCTION. You agree that we shall not be held liable to you or to any third party for the actions of users of our Website, or for your use of or reliance on any user generated content, "for sale" listings, third party advertisement or other third party content.
DEALING WITH THIRD PARTIES
Any correspondence or business dealings with any third parties, including merchants, sellers, service providers, or advertisers found on, or through, the Website are solely the responsibility of you and such parties. The eAUCTION is not responsible for any damages you may suffer by corresponding with or entering into transactions with any third parties, including the payment for or delivery of goods, and for any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the eAUCTION, are responsible for compliance with all laws applicable in any such transaction. You correspond and transact with these third parties at your own risk.
Use caution and common sense when using the Website, and when entering into correspondence or purchase or sale transactions with third parties. In particular, exercise great care when revealing PII and when purchasing items listed for sale on the Website. The eAUCTION publishes "for sale" listings on the Website without verification or endorsement. The eAUCTION cannot guarantee that these listings are accurate, or that the persons submitting or responding to these listings are not acting under false pretences.
NO ENDORSEMENT OF THIRD PARTY WEBSITES OR SERVICES
The Website may contain links to third party websites or services provided by parties other than the eAUCTION. These links are for your convenience only and the eAUCTION does not assume responsibility for the accuracy, reliability or appropriateness of these third party websites or services. Any mention of another party or its product or service on the Website is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services. Third party websites and services may be subject to terms and conditions imposed by the operator of those websites and services. The eAUCTION assumes no responsibility for, and disclaims all liability related to your use of any third party website or service.
NO CONTRACT OR OFFER
No part of the Website shall be taken to constitute an offer or solicitation from or by the eAUCTION to buy or sell products or services. Except for your agreement to abide by this Terms of Service and your agreement to the Privacy Statement, use of the Website does not create any contract or agreement between you and the eAUCTION, nor any obligation of the eAUCTION to you.
"For sale" listings displayed on the Website are merely published by the eAUCTION, without verification or endorsement, and any correspondence or transactions with third parties relating to items listed for sale through the Website are between you and that third party. Any action that you as a Buyer take on this Website indicating your intention to purchase a vehicle is between you and the Seller. This Terms of Service governs your interaction with other Buyers and Sellers with whom you do business through this Website but the eAUCTION has no responsibility or liability for any damages or losses that you may incur in connection with items or services listed for sale by third parties on the Website.
ADDITIONAL eAUCTION OBLIGATIONS
Commitment to Our Customers
- We will be fair and impartial in our dealings with both Buyers and Sellers.
- We will create an environment that inspires confidence in the integrity of our marketplace.
- We will maintain records to verify sale prices and all Fees that are charged for a minimum period of six months.
- We will comply with national, provincial and local laws that regulate the conduct of our business.
- We will make every effort to service our Customers’ needs diligently, courteously and responsibly.
- We provide Services that create a fast and efficient marketplace for Buyers and Sellers to exchange used Vehicles. We do not take title to the Vehicles bought or sold through our Services and facilities. The eAUCTION is not a party to the contract of sale between the Buyer and the Seller.
- Through this Terms of Service, we regulate our marketplace so that Sellers can be confident they will be paid for the Vehicles they sell and Buyers can be confident about the quality and condition of the Vehicles they buy. The eAUCTION sales are intended to promote fair and ethical treatment to both the Buyer and the Seller.
- We provide reliable and convenient value added Services to help your business succeed.
- The eAuction is paid Fees by the Seller and sometimes by others for its Services.
- The eAuction offers an Arbitration service to quickly and fairly resolve disputes between Buyers and Sellers.
For the auction marketplace to work properly, the eAUCTION and its Customers must conduct themselves with integrity. We do our part by living our corporate values. We expect you to do your part by conducting your business at the eAUCTION fairly and honestly.
Compliance with Law
There are many rules, laws and regulations that govern your business. We count on you to know and comply with all national, provincial and local laws that regulate your right to buy and sell Vehicles at our Auction.
We expect our employees to serve you professionally and courteously and in turn we believe that they are entitled to similar treatment from you.
Assumption of Risk and Adherence to Safety
Customer acknowledges there is a certain amount of risk inherent in being around vehicles including serious injury or death. Knowing, or having reason to know these facts, Customer appreciates the risk; and voluntarily accepts and assumes the risk. Customer acknowledges his/her responsibility to become familiar with Auction’s posted and communicated safety measures and to strictly obey and adhere to such measures at all times while on showing or inspecting any vehicles listed in the eAUCTION. Customer shall be alert, aware and act in a safe manner at all times.
We encourage sellers to maintain a safe and secure environment to conduct business with as little inconvenience to you as possible. Due to the inherent risk and nature of moving vehicles, there are some procedures, rules, and precautions that anyone showing or inspecting any vehicles listed in the eAUCTION should follow. These are for your protection. Customers and their employees, agents, contractors, representatives and invitees must observe and comply with the eAUCTION’s safety rules as set out below.
- Always be aware and cautious of your surroundings.
- Never open a door or hood without the driver seeing you and the Vehicle stopped.
- Always make sure that you have eye contact with the driver if you walk in front of a Vehicle. Never walk in front of a moving Vehicle.
- Do not open the hood and grab the linkage to rev an engine. Do not ask anyone else to rev an engine.
- Do not test-drive a Vehicle without the owner’s permission.
- Do not lie under a Vehicle to look for damages or for any other reason.
- If you want to start a Vehicle, please seek the assistance of the owner. Make sure you are seated in the driver’s seat with the brake pedal applied.
- Please obey posted speed limits, stop and signal at intersections.
- If a Vehicle has a snowplow or attachment that moves, do not reach into the cab and test the controls.
We hope that by following these simple rules everyone will be safe.
Methods of purchase
There are three ways to purchase a Vehicle
- Buy now
You may purchase a Vehicle for the list price any time before the auction begins.
Contact us if you wish assistance negotiating the price of any Vehicle prior to the time of the scheduled auction.
- Top-down Auction
Most Buyers will purchase their vehicle by means of the top-down auction system made available to them at the eAUCTION. Sellers offer each of their Vehicles for sale with a List Price and a secret Reserve Price. Bidders set secret bids on Vehicles that interest them. The winning bid on any Vehicle will be the highest bid that meets or exceeds the Reserve Price. If two bidders place identical bids, the winning bid with be the one that was placed first. If no Buyer’s secret bid equals or exceeds the Reserve Price, the Vehicle will not be sold.
Sellers may change the List Price for a vehicle before an auction starts and may change the Reserve Price before the auction for that Vehicle has ended. Buyers may change their secret bids on a particular Vehicle at any time before the auction for that Vehicle has ended. Please watch the video to understand better how the auction works. If you do not understand the bidding process, please ask one of our Customer Service Representatives to assist you.
Taxes, transportation, documentation, and other fees
By default, the list price is assumed to not include taxes, licence fees or insurance costs. If transportation or documentation fees form part of the price that the dealer wants for the vehicle, those fees must be included in the list price. Fees for transportation to a location other than the one listed in the advertisement are normally not included in the list price but the seller is encouraged to disclose their related policy for transportation of a vehicle from a distant location.
If a vehicle is listed in the auction, the seller may still sell that vehicle outside of the auction at any time if there are no bids on it. If there is a bid on a vehicle, the seller will be notified and that vehicle may not be sold outside of the auction if there are fewer than 18 hours remaining until the auction ends. A winning bidder reserves the price for purchase of a vehicle but has not yet “purchased” the vehicle.
All auctioned vehicles are subject to availability. After a sale has been declared by the eAUCTION, the system will notify both parties with the contact information provided. Each of the parties is expected to initiate contact with the other within 18 hours of the end of the auction in the dealer’s time zone to make arrangements to complete the sale. Buyers must pay the seller directly for all Vehicles purchased plus all applicable Fees within 72 hours of the time of sale. Buyer and Seller are free to arrange alternative financing terms. Failure to pay without a valid reason could result in the loss of eAUCTION privileges. The seller is free to sell the Vehicle to someone else if the buyer has not confirmed within required time-frame specified above their intent to follow through with the purchase.
In consideration of the performance of the eAUCTION’s Services, you agree to pay the eAUCTION all applicable Fees. Fees are due and payable on the date the Services are provided. You authorize us to charge Fees to your account. Unless noted, Fees are in Canadian dollars; tax is additional. To the extent permitted by law, unless explicitly stated otherwise, Fees are non-refundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
Unwinding a Sale
The eAUCTION may, in its sole discretion, unwind any sale or withdraw a Vehicle from a sale if: (i) there was an error or omission in the description, Disclosures, price or any other relevant matter relating to the Vehicle; or (ii) in the circumstances, it would be fair and reasonable to do so.
If your bid is the winning bid and you dispute having made that bid or made an error with your bid, you must advise us immediately or you will be deemed to have made that bid.
ADDITIONAL BUYER OBLIGATIONS
Know your Purchase
Used Vehicles are sold at the eAUCTION. Most used Vehicles have defects, flaws and/or wear and tear. You should allow for this in your bidding. Buyers should inspect Vehicles and carefully review all Vehicle information made available to them before bidding, including announcements, Vehicle History Reports, Photos, Condition Reports, Safety Inspection Reports, etc. as applicable.
Information regarding the description, condition or history of a Vehicle may come from multiple sources (e.g. Safety Inspection Reports, Condition Report, photos, Vehicle History Reports, text announcements, etc.) that occasionally can result in duplicate and/or inconsistent information and Disclosures. If the information provided is inconsistent or unclear, please contact your eAUCTION Customer Service Representative for clarification prior to bidding.
ADDITIONAL SELLER OBLIGATIONS
A Seller who offers a Vehicle for sale at the eAUCTION is required to disclose the information specified in the Condition Report form provided in the listing process. By disclosing these material facts about the history and condition of Vehicles offered for sale, a Seller will build confidence in its product and credibility with Buyers.As Vehicles and our industry change, the disclosure obligations required of Sellers may similarly change. Accordingly, the eAUCTION reserves the right to consider other information not specifically listed in the Condition Report form.
Sellers may not offer a Vehicle for sale unless the original VIN plate is intact or has been replaced in accordance with provincial and federal regulatory requirements.
Sellers are advised
- to carefully review Vehicle listing information before posting it and to correct any errors or omissions,
- to notify the eAUCTION if there has been any material change in the condition of the Vehicle during the posting period,
Sellers guarantee, represent and warrant to the eAUCTION and to the Buyer that they are authorized to sell their Vehicle, have good title to the Vehicle and that the Vehicle is free of all liens, charges, hypothecs, and encumbrances of any nature or kind whatsoever.
Sellers are advised
- to keep a Vehicle under their lawful possession, custody and control until a sale transaction for that Vehicle has been completed, and
- before releasing a Vehicle to Buyer, to be sure that the identification of the Buyer matches the identification provided by the eAUCTION’s notification process.
DISPUTES & ARBITRATION
IN ANY OF YOUR DEALINGS WITH OHER PARITES RELATED TO the eAUCTION, YOU AGREE NOT TO SUE the eAUCTION FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR OTHER TRANSACTION THAT YOU ENTER INTO WITH ANOTHER PARTICIPANT. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO the eAUCTION. However, if the disputing parties agree, they may take advantage of our Arbitration service to resolve disagreements between Buyers and Sellers. Our process is designed to be impartial, quick, and economical. The overall purpose of Arbitration is to maintain the integrity and fairness of the auction process for both Buyers and Sellers. Our Arbitration professionals are trained Auction employees who understand the automotive remarketing business.
LIMITATION OF LIABILITY and DISCLAIMER OF WARRANTIES
We do our best to make sure that the Website is available, functional, error free, and free of malicious code; that your privacy is respected and your PII and other Website data is secure from inadvertent disclosure or deletion; and that your experience using the Website is positive. But you agree that you use the Website at your own risk. We make no guarantees or warranties of any kind. We provide the Website on an as-is and as-available basis. You agree that we cannot be held liable for any reason in connection with your use of, reliance upon, or inability to use the Website or any of its features or functionality.
You understand that we cannot be held responsible for User Content or for other content provided by third parties, including our service providers and advertisers. It is your responsibility to determine whether content made available through the Website is accurate or reliable. The eAUCTION does not endorse any information posted to or available through the Website, including "for sale" listings, and content posted by eAUCTION software, contractors, or employees (with the exception of official eAUCTION announcements). To the extent permissible by law, we disclaim all liability for the completeness, accuracy, availability, timeliness, propriety, security, reliability, unsuitability for any particular purpose, or noncompliance with any applicable law, of anything posted to, or linked from the Website.
You do not and will not own or have any proprietary rights in the Website or your user account, you have no right to uninterrupted access to the Website, and you have no right to storage of or deletion of any content or data you submit to the Website. We may add, delete, limit, modify or disable Website features, content or functionality at any time. We may temporarily or permanently shut down, limit, suspend or discontinue the Website, your user account, or your access to the Website at any time, for any reason (including for breach of this Terms of Service), at our sole discretion, and without notice. While we do our best to provide uninterrupted access to the Website, it may at any time become permanently or temporarily unavailable for any reason, including maintenance, or as a result of circumstances beyond our control, such as network or server outages, or incorrect configuration of the software, network, or computer you are using to access the Website. We cannot be held liable for any outages or for the deletion of any data.
To the maximum extent permissible by applicable law, the eAUCTION expressly disclaims all warranties (express or implied), and all liability of any kind. You agree that under no circumstances will we be directly or indirectly liable for damages of any kind (direct or indirect) relating to this Agreement, the Website or your use thereof, including any general, special, consequential, loss of good will, work stoppage, data loss, computer failure or malfunction, lost profits or exemplary or punitive damages (collectively “Damages”), even if we have been specifically advised of the possibility of such Damages.
Without limiting the foregoing, you further agree that the eAUCTION will not be liable to you for losses or Damages due in whole or in part as a direct or indirect result of any theft, conversion, personal injury, death, loss, damage, claim, expense (including legal fees), suit or demand (collectively “Loss”) arising out of, based upon or resulting from the possession, transportation, use, storage or operation of any Vehicle, including but not limited to Loss due to or caused by or during transportation, delay, Arbitration decision, cancelled sale, clerical errors, or fire, storm, flood, war, civil disturbance, riot, act of God, lightning, earthquake, personal injury, death or other similar casualty (the eAUCTION’s wilful misconduct or gross negligence excepted). The eAUCTION’s liability, if any, shall be limited to the selling fee of the Vehicle. All liability of the eAUCTION, if any, shall terminate 90 days after the sale date.
You hereby agree to indemnify, defend, and hold harmless the eAUCTION from and against any and all claims, liabilities, damages, costs, losses, expenses, demands, claims, suits or judgments, including reasonable legal fees and expenses, in any way related to or arising out of
- your misuse of the Website, your violation of this Terms of Service, or your infringement of any intellectual property or other right of the eAUCTION or any person or entity, or
- any personal injury, property damage or delay, that may occur and that relates in any way to the transportation of Vehicles.
- The singular includes the plural and vice versa and any gender includes any other gender.
- Nothing in this Terms of Service shall be interpreted to prevent the eAUCTION from taking any action required to comply with any applicable legal requirement.
- Our failure or forbearance to enforce any of this Terms of Service shall not be considered a waiver of any of our rights.
- You agree that this Terms of Service is provided to you in English. It is your responsibility to ensure that you understand this Terms of Service. If we provide a translation of this Terms of Service into any other language, that translation is for your convenience only, and the English version will govern your relationship with the eAUCTION. -- Vous acceptez que cet accord vous soit fourni en anglais. Il est de votre responsabilité de vous assurer que vous comprenez cet accord. Si nous vous fournissons une traduction de cet accord dans une langue autre que l’anglais, vous acceptez que la traduction soit fourni seulement à titre d’information, et la version anglaise aura, en tout temps, préséance et régira vos rapports avec eAUCTION.
- You cannot transfer or assign your rights and obligations under this Terms of Service to any other person without our consent.
- You agree that the eAUCTION may communicate with you about the Website and your user account via the email address you provide to us.
- The eAUCTION may freely assign its rights and obligations under this Terms of Service in the event that it is party to a merger, acquisition, restructuring, sale of assets, or for any other reason.
- If any provision of this Terms of Service is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed to be severable, and the remainder of this Terms of Service shall remain valid and in full force and effect.
CLAIMS AND GOVERNING LAW
This Terms of Service, and all matters related to your use of the Website shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to any conflicts of laws principles. Any disputes shall be heard at the Courts in Vancouver, British Columbia, Canada.
- to submit to the personal jurisdiction of said courts;
- that any Claim must be filed within one year after it arose or be forever barred;
- not to bring or take part in a class action against the eAUCTION;
- that you are liable for breaches of this Terms of Service by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and
- to pay us for breaching or inducing others to breach this Terms of Service, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, or account created, $1 per item of PII collected, and $1000 per software distribution, capped at $25,000 per day.