1 General
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 Webtron Privacy Policy, any other terms and conditions or other statements contained on the Website and, if You access Webtron Online Bidding, the additional terms and conditions as set out in the Webtron 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. 1.3 We are not an auctioneer of property. As a result, We have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, accuracy or legality of any asset advertised for sale on the Website or the ability of sellers and/or buyers to actually enforce or complete any transaction.
2 Definitions
In these terms and conditions: “Account” means Your account with Webtron 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 Webtron, which forms part of the Webtron Online Agency Deed, relating to the Information Services provided by Webtron to You; “Bidder” means a person who has completed an Application Form and is accepted by Webtron (at Webtron’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 Webtron 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 Webtron Online Agency Deed; “Website” means the website located at www.webtrononlineauction.com, which Webtron has developed and operates; “Webtron”, “Us” or “We” means TBIT Pty Ltd ACN 116 420 761 (trading as Webtron) or any of its associates or related bodies corporate; “Webtron Online Agency Deed” means the deed between a Bidder and Webtron under which Online Bidding Authority services are provided; “Webtron 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.
3 Access
We agree to You accessing the Website on the terms and conditions set out in these terms and conditions and for the purposes of:
- (a) accessing the Content;
- (b) facilitating an application for Online Bidding Authority by completing and submitting an Application Form online, and
- (c) receiving the Information Services, or such other facilities in relation to Your Account that Webtron wish to offer You from time to time.
4 Login Details
4.1 Webtron 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 Webtron 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 Webtron 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:
- (a) Your Login Details (or any part of them) have been lost, stolen or misused;
- (b) any person has obtained knowledge of Your Login Details;
- (c) any person is accessing Your Account without Your authorisation; or
- (d) the security of Your Login has otherwise been compromised,
You will immediately:
- (a) notify Us by telephoning Us on the telephone number available on the Website (or any other number that We advise You of from time to time); and
- (b) We will issue You new Login Details.
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.
5 Information
You agree that, at all times, You will provide true, accurate, current and complete information about You to Us.
6 Assignment
You cannot assign Your rights under these terms and conditions without the prior written consent of Webtron.
7 Variation
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 Webtron Online Agency Deed or these terms and conditions, as applicable.
8 Disclaimer
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:
- (a) is not a recommendation by Webtron of the merits, or a guarantee of the performance, of any product; and
- (b) is not intended to be a representation that persons will be issued products or services or otherwise be able to acquire any product or service by applying for such products via the Website.
8.3 You agree that where Webtron 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.
9 No express warranty
Webtron 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.
10 Limitation of liability
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 Webtron for any breach of such term, condition or warranty will be limited, at the option of Webtron, to:
- (a) if the breach relates to goods:
- (i) the replacement of the goods or the supply of the equivalent goods;
- (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- (b) if the breach relates to services:
- (i) the supply of the services; or
- (ii) the payment of the cost of having the services supplied again.
11 Intellectual property
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.
12 Privacy
You agree that We may handle Your personal information in accordance with the Webtron Privacy Policy as amended from time to time.
13 Jurisdiction
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.