1. About This Website
About the Website Welcome to Next Bid Auction Services (Website). The Website is designed to provide Auctioneer Services for residential real estate agents and homeowners; Professional bidding services at auction and Vendor advocate services (Services).
The Website is operated by Shane Thomas Property Pty Ltd trading as Next Bid Auction Services (ABN 12 626 481 829). Access to and use of the Website, or any of its associated Products or Services, is provided by Shane Thomas Property Pty Ltd trading as Next Bid Auction Services. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Shane Thomas Property Pty Ltd trading as Next Bid Auction Services reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Shane Thomas Property Pty Ltd trading as Next Bid Auction Services updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
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2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Shane Thomas Property Pty Ltd trading as Next Bid Auction Services in the user interface.
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3. Use License
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Permission is granted to temporarily download one copy of the materials (information or software) on Next Bid Auction Services' web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
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modify or copy the materials;
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use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
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attempt to decompile or reverse engineer any software contained on Next Bid Auction Services' web site;
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remove any copyright or other proprietary notations from the materials; or
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transfer the materials to another person or "mirror" the materials on any other server.
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This license shall automatically terminate if you violate any of these restrictions and may be terminated by Next Bid Auction Services at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
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4. Disclaimer
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The materials on Next Bid Auction Services' web site are provided "as is". Next Bid Auction Services makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Next Bid Auction Services does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
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5. Limitations
In no event shall Shane Thomas Property Pty Ltd trading as Next Bid Auction Services or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Next Bid Auction Services' Internet site, even if Next Bid Auction Services or a Next Bid Auction Services authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
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6. Revisions and Errata
The materials appearing on Next Bid Auction Services' web site could include technical, typographical, or photographic errors. Next Bid Auction Services does not warrant that any of the materials on its web site are accurate, complete, or current. Next Bid Auction Services may make changes to the materials contained on its web site at any time without notice. Next Bid Auction Services does not, however, make any commitment to update the materials.
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7. Links
Next Bid Auction Services has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Next Bid Auction Services of the site. Use of any such linked website is at the user's own risk.
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8. Site Terms of Use Modifications
Next Bid Auction Services may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
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9. Governing Law
Any claim relating to Next Bid Auction Services' web site shall be governed by the laws of the State of Australia without regard to its conflict of law provisions.
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10. Refund Policy
Refund Policy Shane Thomas Property Pty Ltd trading as Next Bid Auction Services will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Shane Thomas Property Pty Ltd trading as Next Bid Auction Services makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund). Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
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11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Shane Thomas Property Pty Ltd trading as Next Bid Auction Services. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Shane Thomas Property Pty Ltd trading as Next Bid Auction Services will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
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12. Indemnity
You agree to indemnify Shane Thomas Property Pty Ltd trading as Next Bid Auction Services, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.
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13. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
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14. Privacy
Shane Thomas Property Pty Ltd trading as Next Bid Auction Services takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Shane Thomas Property Pty Ltd trading as Next Bid Auction Services's Privacy Policy, which is available on the Website.
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15. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Shane Thomas Property Pty Ltd trading as Next Bid Auction Services will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services),
whether at common law, under contract, tort (including negligence), in equity,pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Shane Thomas Property Pty Ltd trading as Next Bid Auction Services make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Shane Thomas Property Pty Ltd trading as Next Bid Auction Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the Services or any of the products of Shane Thomas Property Pty Ltd trading as Next Bid Auction Services; and the Services or operation in respect to links which are provided for your
convenience.
General Terms and Conditions applicable to Use of a Web Site.