Auction Club - Terms and Conditions

 

By accessing and using this Website, by applying to become a Member, and/or by placing a Bid, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions (as amended from time to time and posted on the Website).
If you do not agree with the Terms and conditions contained herein, then you should immediately cease accessing or using the Website.
1.   Becoming a Member of Auction Club
1.1   Membership of Auction Club is open to all Australian citizens over the age of 18 years;provided that Membership of Auction Club is permitted by the laws of the State within which a Member resides.
1.2.   Membership to Auction Club is free
1.3   No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationships exists between you and Auction Club as a result of you becoming as Member.
1.4   The membership application form is available for completion via the Website.
1.5 Applicants warrant that the information they provide on the membership application form is true and correct.
1.6  Should any Member be found to have given Auction Club false or fraudulent information, we reserve the right to cancel the membership without prior notice and or block that Member's IP address from being able to re-register again with Auction Club.
2.   Person Prohibited from becoming Members
2.1  If a person is a resident of a country or state that does not permit or allow its residents to participate in an on-line auction service, then that person should not access or use the Website.
2.2  There are certain countries and states as is the case in Victoria, Australia that do not allow you to either join or bid or win on these types of auction websites. These are Penny Auction and Unique Bid Auction websites.
2.3  Auction Club has no knowledge or control over the location of users of the Website or Members and accepts no responsibility for any breach of these local laws.
2.4  A Member will not be entitled to any refund of any Bids made on the Website and will not be entitled to receive any items as the Successful Bidder if they are found to be in breach of any local law.
3.  Activating Your Account
3.1  After the membership application form has been completed and submitted, an email will be sent to the email address specified on the membership application form.
3.2  Applicants will be required to click on the activation link in this email.
3.3  After this link has been activated, the Members account will be active and ready for use.
3.4  Members are responsible for all activities that occur under their Account.
3.5  Members must not disclose the login details for their Account to any third party.
3.6  Members must notify Auction Club immediately if they suspect unauthorized use of their account or any other breach of security.
4.  Auction Rules
4.1  Auction Club will determine the following for each specific Auction:
    (a)  Product or Service being sold
    (b)  Bid Fee payable on each Bid
    (c)  Maximum Bid Amount
    (d)  Recommended Retail Price of Product or Service being sold
    (e)  Required Number of Bids to close the Auction
4.2  Auction Club may reduce the Required Number of Bids for any specific Auction in progress should the number received be deemed by Auction Club to be an acceptable level to close the Auction.
5.  Purchasing Bid Credits
5.1  Bid credits must be purchased in advance by credit card / debit card via the secure payment gateway on the Website.
5.2  The Member warrants that they are the holder and authorized user of any credit cards and or accounts used to purchase Bid Credits.
6.  Making a Bid
6.1  Auction Club Members may Bid on any Auction in progress by clicking on the Bid Now button on the Auction lot.
6.2  A Member can place multiple Bids on the same auction lot.
6.3  The Bid Fee will be payable at the time of clicking on the Bid Now button, once you have clicked on this button, your bid credits will be debited from your account each time you submit a bid.
6.4  A Member may not cancel, withdraw or alter a Bid after it has been submitted.
6.5  All Bids are in Australian Dollars and are inclusive of GST.
6.6  Once a Bid has been submitted, the Member will receive an email confirmation that the bid has been placed.
6.7  Bids are concealed so that other Bidders cannot see what you have Bid.
6.8  Bids are processed in the order they are received into the database.
6.9   A Member must not in any circumstances disclose details or collude with another Member during the course of an Auction.
6.10   By submitting a Bid, the Member acknowledges and agrees that if they are the Successful Bidder, the Member shall have entered into a legally binding contract for the purchase of the Auctioned Products or Services.
7.   Accepting a Bid
7.1   Auction Club will accept a Bid in an Auction only if the Bidder:
    (a)  Is a Registered Member of Auction Club;
    (b)  has entered a valid Bid amount;
    (c)  has sufficient Bid Credits for the Bid Fee;
    (d)  has not breached the Terms and Conditions.
8.  Restrictions on Bidding
8.1  The following restrictions are placed on all Auction Club Auctions:
    (a)  All Bids must be placed by an individual;
    (b)  Computer generated Bids will be constituted invalid
9.  Cancelling a Bid
9.1  Auction Club may cancel placed bids for any of the following reasons:
    (a)  Fraudulent activity is suspected.
    (b)  Fraudulent credit cards or accounts have been used to participate in an auction
    (c)  The bank or other credit institution reverses the credit transaction.
    (d)  The Member has provided false information when joining.
    (e)  The Member colludes with another Member
    (f)  Any breach of the Terms and Conditions.
10.  Ending an Auction
10.1  Auction Club will end an Auction at the end Auction End Time, being the earlier of the published Auction End Time or when the Required Number of Bids has been reached.
11.  Potential Auction Variations
11.1  If the Required Number of Bids in any Auction Club Auction have not been received by the End Time, Auction Club may at its sole discretion, extend the Auction End Time.
11.2  If the Required Number of Bids in any Auction has not been received by the Auction End Time, Auction Club may at its sole discretion, cancel the Auction.
11.3  Auction Club may reduce & increase the Required Number of Bids for any Auction in progress.
11.4  If for any reason the Auction is not capable of running as planned, due to any reason, including anything which may corrupt the integrity or proper conduct of the Auction, Auction Club reserves the right to cancel, terminate, modify or suspend the Auction.
12.  Determination of the Successful Bidder
12.1  The Bidder who submits the Lowest Unique Bid that has been accepted by Auction Club will be declared by Auction Club as the Successful Bidder.
12.2  In a Lowest Unique Bid Auction, it is the lowest unique bid received, which is the only bid at that amount which shall be determine the Successful Bid. See example below, where Mike would be determined as the Successful Bidder:

 

User name
 
Jessie
 
Dan
 
Mike
 
Rob
 
Bid amount
 
$0.01
 
$0.01
 
$0.02
 
$0.03
 
Bid status
 
Not unique
 
Not unique
 
Lowest unique bid
 
Unique, but not the lowest
 

 

12.3  If there are no Unique Bids, the Successful Bidder will be determined by the Lowest bid amount with two (2) Bids. The Bidder who was the first to place a Bid for this amount will be declared by Auction Club as the Successful Bidder. If there are no two (2) Bids the same, this process will be determined on three (3) Bids of the same amount, this process will continue until a Successful Bidder is Determined.
12.4  Once the Successful Bidder has been determined, Auction Club will notify the Member via the email address or other contact details they have provided. It may take up to five (5) business days from the Auction End Time until the Auction Results are announced.
12.5  All decisions made by Auction Club will be final and shall be published on the Website after the Successful Bidder has been determined and notified.
13.  Purchase of Auctioned Item by Successful Bidder
13.1  After the Member has been informed that they are the Successful Bidder, they will have 3 business days to decide whether they wish to purchase the Item for the Successful Bid Amount. No items can be redeemable or transferrable for cash for any reason.
13.2  In addition to the Successful Bid Amount, the Successful Bidder will be required to pay the delivery charges stated in the Auctioned Item’s description.
13.2  If the Successful Bidder elects to purchase the Auctioned Item, the Successful Bid Amount and the delivery charge will need to be paid within 2 days. Payment must be made by direct bank transfer or credit card.
13.3  Should the Successful Bidder fail to pay for the goods/service within 5 business days of confirming that they wish to purchase the Item, the right to purchase the Item at that Successful Bid Amount, will be forfeited.
13.4  After we have informed you of being the Successful Bidder, and if you decide that you do not wish to purchase, no further action will be required by you, or you can confirm this by clicking Decline in the My Successful Bids' section.
13.5  If we have not heard from you within 3 business days of notifying you by telephone, email, or by leaving a recorded message, we reserve the right to assume you will not accept.
14.  Unsuccessful Bidders option to purchase item for Recommended Retail Price
14.1  All Members other than the Successful Bidder who have placed one or more Bids on a particular Auctioned item (Unsuccessful Bidder) shall be entitled to use the value of their Bids towards the cost of purchasing another item identical to the Auctioned Item for the Recommended Retail Price published on the Website.
14.2  If the Unsuccessful Bidder elects not to purchase of another item identical to the Auctioned Item for the Recommended Retail Price, then all Bids made on the Auctioned Item shall be forfeited.
15.   Refund and Credits
15.1  In the event that supply of the Item cannot be fulfilled by Auction Club, or by the supplier of the Item, Auction Club will refund of the Successful Bid Amount paid and will credit the Members Account with the value of the Bid Credits made on the Auction Item for use on future auctions.
15.2  If the Item does not meet the description provided by Auction Club, and is returned by the Successful Bidder to Auction Club. Then Auction Club will refund the winning bidder the full Bid Amount and will credit the  Members Account with the value of the Bid Credits made on the Auction Item;for use on future auctions, subject to the Item being returned in the same condition which it was supplied to the Bidder.
15.3  At its sole discretion, Auction Club may replace the Item offered at Auction, with a similar Item, if in Auction Club's opinion, the replacement Item will be of equal or comparable value.
16.   Delivery of Products or Services
16.1  Product or Service dispatch will take place within seven (7) days, unless otherwise stated in correspondence from us.
16.2  If a Product has been damaged in transit, (upon receiving conformation from the transit insurance company) Auction Club will organise a replacement product. Please inspect Product before signing the Proof of Delivery and Acceptance of Product.
16.3  Delivery of certain Products or Services may be arranged directly with Suppliers and Auction Club. Members will be notified by email and proof of identity will be needed when collecting and signing proof of delivery for these items.
17.  Descriptions, Warranties and Guarantees of Auctioned Items
17.1   Auction Club is not an authorised retailer, dealer or agent of any manufacturers, suppliers or distributors of products advertised or auctioned on this Website.
17.2   All reference to manufacturers and their products are for identification purposes only.
17.3    All Product Warranties are provided directly by the manufacturer.
17.4   If the Product supplied to the Successful Bidder does not comply with the description of the      Product Auctioned, then the Successful Bidder may within fourteen (14) days of receipt, return the Product in the condition it was supplied. Auction Club will refund in full the Successful Bid Amount.
17.5   Auction Club is not liable for any defect caused by fair wear and tear, careless or improper handling, non-adherence to operating instructions, improper installation or any other abuse or misuse by the Member or third party.
17.6   Refunds, Returns or Replacements do not include delivery and insurance charges, these charges are at the expense of the Member.
17.7   Except to the extent that is required by law, Auction Club is not responsible for the quality of the product, its fitness for purpose, its faults and or unsuitability causing loss or damage to the user.
17.8   Where an advertised Product or Service is not available for any reason (example: has been superseded by a newer model), Auction Club will replace this item with another similar item of equal or greater value.
17.9   All trademarks are the registered trademarks of their respective companies and such companies do not control, endorse, sponsor, affiliate or associate with Auction Club in any way.
18.   Disclaimer
18.1   Auction Club is not liable for your actions. You agree and warrant to act in a lawful manner and in accordance with the laws that apply to you.
18.2   Auction Club is not liable for lost data, profits, business, revenue, incidental or consequential damages arising from or in connection to Products or Services Auctioned, or use of the Website.
18.3   Auction Club is not liable for any hardware, software or any other technical difficulties.
18.4   Auction Club shall not be liable for any failure to perform its obligations under this agreement caused by matters beyond its reasonable control.
18.5   Auction Club is not liable for any third party controlled website which may be accessed by ways of a link from our Website. No warranty or representations are given that these links are virus free or that the content is accurate, complete, accessible or are fit for any particular purpose. You link to any such website at your own risk.
18.5   Auction Club is not liable for any personal injury or death caused as a result of using the Website, Product or Service offered on Auction, except for any liability which cannot be excluded by law.
18.6   Auction Club shall not be liable for security of third party payment service providers and the transfer of sensitive information over the internet.
18.7   Auction Club will not be liable for any misstatement, error or omission with regard to the description of Products or Services on the Website.
18.8   To the full extent permitted by law, Auction Club specifically disclaims any implied warranties of title, merchantability and fitness for a particular purpose for the Auctioned Items.
19.   Limitation of Liability
19.1   Auction Club shall not be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Auction Club site, Auction Club services or this Agreement
19.2        Auction Club's liability shall in any event be limited to the cost of replacement of any Item purchased by a Successful Bidder.
20.   Indemnity
20.1   You agree to indemnify and hold Auction Club, its subsidiaries, affiliates, offices, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or any breach of the Terms and Conditions.
21.   Termination or Suspension of Membership by Auction Club
21.1   In the event a Member breach these Terms and Conditions, then in addition to any other rights or remedies, Auction Club may in its absolute discretion, terminate or suspend your Membership.
22.   Cancellation of Membership and/or Refund Request by Member
22.1   A Member may cancel their Auction Club Membership at any time, as long as they do not have any bids in place with an active Auction.
22.2   A Member can request the cancellation of the Membership by sending an email request to Auction Club at membership@auctionclub.com.au.
22.3   Refunding of Bid Credits - A cancellation request MUST also provide the Member's Australian bank account details to allow any remaining bid credits to be refunded. Prior to any refund from your member account, you will be required to verify your age, identity and residential address provided by you during registration. Upon verification of your identity, your request will be actioned by Auction Club within 5 business days and funds credited to your nominated account.Failure to provide bank account details will see any remaining Bid Credits forfeited by the member.
23.   Personal Information and Privacy
23.1   Auction Club collects your personal information when using this Website and applying to become a Member. We use this information in the day to day running of the Website Including but not limited to emailing of Auction Club promotional material, Auction results, and general Member contact.
23.2   Auction Club reserves the right to publish the name or user name of Successful Bidders on our Website and other promotional material.
23.3   Auction Club will not sell or give out personal Member information to any third party except where it is required by law enforcement or government authority.
23.4   All personal information is handled in accordance with Auction Clubs Privacy Policy located on the Website and is protected under the Privacy Act 1988 (Cth).
23.5   Auction Club will never send you an email asking you to enter/verify your Member details. If you receive what you believe to be a fraudulent email, please contact Auction Club via our email.
24.   Patents, Copyrights & Trademark
24.1  Auction Club Website design, name, features and all other material within Auction Club are under copyright and under no circumstances can it be copied, duplicated, imitated, distributed, modified, uploaded or post any items/material in any way shape or form from Auction Club Website without the written consent of the Auction Club Website owners, administration and/or partners.
24.2   Some contents/items being sold on Auction Club Website may be under patent and or copyright & trademark and these belong to their rightful owners.
24.3   In the event that items/material are in violation of patent and or copyright restrictions, it will be taken up with the user that is using the patented and or copyright/trademark items/material by the owner of the patented and or copyright/trademark items/material.
25.   Severance
25.1  If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability     shall not affect the other provisions of this agreement, which shall remain in full force and effect.
24.2   If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted or amended, the provision in question shall apply with such modifications as may be necessary to make it valid and enforceable.
26.    Jurisdiction and Governing Law
26.   This Agreement shall be governed by the laws in force in the State of Queensland and the courts of Queensland shall have the exclusive jurisdiction to hear and determine any dispute between the parties arising out of the Member's participation in any Auction or concerning the proper interpretation of this Agreement.
27.   Entire Agreement
27.1   This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter of this Agreement and neither of the parties shall be bound by any conditions, definitions, warranties or representations with respect of the subject matter of  this Agreement other than as expressly provided herein.