Auctioneera Terms & Conditions
PLEASE READ CAREFULLY BEFORE USING AUCTIONEERA
These TERMS AND CONDITIONS (the “TERMS” or the "Licence") is a legal agreement between you (the "Licensee" or "you") and AUCTIONEERA LIMITED, a limited company, whose operational place of business is at 17 French Church Street, Cork, Republic of Ireland, Companies Registration Office number 622977 (the “Company", “Licensor”, “Auctioneera”, “our” or "we") for your licensed use of and access to [www.Auctioneera.ie] (the “Website” and/or “Platform”) and your access to the private treaty purchase and sales marketplace for residential and commercial properties in the Republic of Ireland provided by Auctioneera and as described on the Platform from time to time (the "Services") in accordance with the terms of this Agreement.
DISCLAIMER: THE WITHIN TERMS RELATE TO THE USE OF THE PLATFORM BY END USERS IN RESPECT OF THE PURCHASE AND SALE OF REAL PROPERTY VIA THE PRIVATE TREATY PROCESS ONLY. THESE TERMS DO NOT GOVERN SALES BY AUCTION AND NO SALE OR PURCHASE USING THIS PART OF THE PLATFORM SHALL BE DEEMED TO BE A PURCHASE VIA AUCTION.
BY BROWSING THE PLATFORM, BY REGISTERING FOR, UPLOADING TO AND/OR DOWNLOADING DATA AND INFORMATION FROM THE PLATFORM AND YOUR SUBSEQUENT CONTINUED USE OF THE PLATFORM AND THE SERVICES, YOU CONSENT TO BE BOUND BY THIS LICENCE. BY TICKING THE BOX ON REGISTRATION, AND AT ANY OTHER TIME ON LOGGING IN TO THE WEBSITE AND THROUGH YOUR CONTINUED USE OF THE SERVICES AND THE PLATFORM, YOU AGREE TO BE BOUND TO THE TERMS OF THIS LICENCE AS A USER. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT REGISTER FOR THE PLATFORM, OR USE ANY OF THE SERVICES. BY TICKING THE BOX YOU CONFIRM THAT YOU HAVE READ, YOU ACCEPT AND THAT YOU UNDERSTAND THESE TERMS, AND THAT YOU ALSO CONSENT TO THE USE OF ELECTRONIC SIGNATURES AND ACKNOWLEDGE THAT YOUR TICKING OF THE BOX IS AN ELECTRONIC SIGNATURE SUFFICIENT TO BIND YOU TO THESE TERMS.
INTELLECTUAL PROPERTY RIGHTS
- GRANT AND SCOPE OF LICENCE
- General: The Company provides you with access to the Services through the Platform, for your own personal use or if you act for or on behalf of an organisation whether incorporated, partnership or otherwise, you confirm that that organisation is bound by these terms.
- Auctioneers/Agents: means any consultants and/or employees of Auctioneera who conduct the Private Treaty Sales;
- Bid(s): means an offer placed on the Platform for the Purchase of a Property;
- Content: the Services and the Platform provides information pertaining to the properties listed therein as provided by the Vendors, or as supported by our Auctioneers by way of the Listing Services which are provided by way of the PSRA Property Services Agreement “Content”; and
- Listing Services: means the Services detailed in the PSRA Property Services Agreement in an engagement between a Vendor and Auctioneera;
- PSRA Property Services Agreement: the agreement delivered by Auctioneera and entered into by a Vendor for the engagement of Auctioneera as an estate agent for the provision of Listing Services;
- Purchaser: means an End User who engages with the Platform to view properties either as a prospective purchaser or as someone who places offers for a Property available for sale on the Platform;
- User Generated Content: the information or content provided by an End User posted to the Platform.
- Vendor: means an End User who has engaged with Auctioneera via the standard PSRA Terms and whose property is listed on the Platform
- Licence: Auctioneera hereby grants to you a limited, personal, non-commercial, non- exclusive, non-transferable, temporary, revocable, non-assignable, non-sub-licensable licence and right to access the Platform and the Services though a generally available web browser, mobile device operating system in consideration of your strict and continued compliance with the following conditions:
- Your agreement, as evidenced by your acceptance of these Terms and your continued use of the Platform and the Services, to abide by these Terms;
- not to use scraping, spidering, crawling or other technology or software of a malicious nature to access or make available to third parties information or data secured by the Platform, whether such data or information relates to Auctioneera, the Platform, the Services or Content without the express written consent of Auctioneera.
- Use: Any use of the Platform, its software and/or Services or any part thereof in a manner contrary to the scope and purpose of this Licence is strictly prohibited and a violation of this Agreement, terminable in accordance with Section 12.
- Auctioneera: This Platform and the Content is provided in accordance with these terms and in particular any reliance by a Purchaser is limited to and in consideration of the particular reservations detailed at section 4.2.5 hereto in relation to the content and descriptions.
- Intellectual Property:
- “Intellectual Property Right(s)” includes any patent, trade or other mark, registered design, topography right, copyright, database right or any other right in the nature of any of the foregoing (or application, or right to apply for, any of the foregoing), and trade or business name, invention, discovery, improvement, design, technique, confidential process or information or know how, in each case subsisting anywhere in the world and whether registered, unregistered, or unregisterable, and any licence or right of user of any of the foregoing, and the full right to all legal protection relating to the same;
- Auctioneera reserves all Intellectual Property Rights in and to the Platform, the Content and the Services and any such Intellectual Property Right shall at all times be and for all purposes remain vested in Auctioneera and/or its licensors, including all copies made of the Website, the Web Application and the Mobile Application in accordance with Section 10.
- ACCESS TO THE SERVICES
- Your Account: Auctioneera is offering access to and use of the Platform and the Services solely for use by the person or entity in whose name an account is registered and not for the use or benefit of any third party. In particular, no use of the Platform may be made by an individual other than a registered user (whether a Purchaser or a Vendor).
- Account Limitation: The Company may also impose limits on certain features of the Platform and the Services or restrict your access to parts or all of the Services without notice or liability. For as long as the Company continues to offer the Platform and the Services, we shall provide and seek to update, improve and expand. Therefore, Auctioneera reserves the right, at its discretion, to modify these Terms at any time by posting a notice on the Platform, or for registered End Users by sending you a notice via e-mail, and you consent to the receipt of such notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Platform and the Services following such notification constitutes your acceptance of the terms and conditions of these Terms as modified. Any new features that materially augment or enhance the Platform and/or the Services currently available, including the release of new tools and resources, shall be subject to this Agreement (as updated). You can review the most current version of the Terms at any time at: www.Auctioneera.ie/terms.
- Account Availability: The Company will use reasonable efforts to ensure that the Platform and the Services are available twenty-four hours a day, seven days a week. However, access to the Platform and Services shall be as they may exist and be available on any given day and the Company has no other obligation, except as expressly stated in these Terms. There will be occasions when the Platform and the Services will be unavailable or interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Auctioneera to minimize such disruption where it is within Auctioneera's reasonable control. YOU AGREE THAT AUCTIONEERA WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE PLATFORM, SERVICES OR OTHER CONTENT. The Company retains the right to create limits on use and storage with respect to the Platform and the Services determined at its sole discretion at any time with or without notice. Telephone or other communicated bids will not be accepted.
- Eligibility: To be eligible to use the Website, the Application and the Services, you must meet the following criteria and represent and warrant that you:
- Are not currently restricted from use of the Website, the Application and the Services, or not otherwise prohibited from having an Auctioneera account;
- Will only maintain one End User account at any given time (unless explicitly consented to by Auctioneera);
- Will not violate any rights of Auctioneera, including Intellectual Property Rights such as copyright, patent, design or trademark rights;
- Agree to provide at your cost all equipment, software, and internet access necessary to use the Platform and the Services; and
- Understand and agree that use of the Plaform and the Services may entail the applicability of certain incidental usage charges (“Incidental Charges”) during the installation and use of the Service. These Incidental Charges may, among others, be levied by your mobile network operator or your internet service provider. You are advised to consult your mobile data or internet data plan to identify the Incidental Charges which may be incurred prior to the installation and operation of these Services.
- Suitability: You certify to Auctioneera that you are legally permitted to use the Platform and the Services, and take full responsibility for the selection and use of the Platform and the Services and your interaction with the Services whether as a Purchaser or Vendor.
- Prohibition by law: This Agreement is void where prohibited by law, and the right to use the Platform and Services are revoked in such jurisdictions. Auctioneera makes no claim that the Services may be lawfully used or that User Generated Content may be uploaded or downloaded in any jurisdiction save the jurisdiction specified by these Terms. Access to the Content made available via the Platform may not be legally permitted by certain persons or in certain countries. If you use the Services or the Platform from outside Ireland, you do so at your own risk and you are responsible for compliance with the laws of that jurisdiction. Furthermore, if you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with a detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
- Registration Process:
- Registering: When you register, you will be required to generate a unique log -in credential (a password) which relates to your own personal email address. Your password will be subject to certain limitations as regards availability, at the sole discretion of Auctioneera. We reserve the right to cause the forfeiture of or to reset your password at any time. The combination of your email address and password permits us to verify you as the permitted and authorised user of the particular End-User account, as well as providing access to the secure parts of the Platform and the Services. Access to the secure aspects of the Platform and the Services is not permitted for any other person or entity using your email and password and you are responsible for preventing such unauthorized use. Upon successful completion of the registration process, you will be afforded access to your End-User account. You will be required to validate your End User account through a validation process by email.
- Access Denial: Individuals whose access to the Website, the Application or use of the Services has previously been terminated by Auctioneera may not register for another account, nor may you designate another individual to use your account on your behalf. Auctioneera expressly reserves the right not to grant access to anyone they may choose, to the Services, the Platform or to create an End-User account for any reason.
- Authentication: The Website and Application rely on email addresses and passwords to know whether the person accessing the Platform and utilising the Services are authorized to do so. If someone accesses the Platform and or the Services using an email address and/or password that you have provided us with, we will rely on that email address and password and will assume that access has been made by you. You are recommended to change your password regularly to prevent unauthorised use. You are solely responsible for any and all access to the Platform, your End-User account and/or use of the Services by persons using your email address and password. Please notify us immediately if you believe or become aware that your End-User account is being used without your authorization.
- Access Indemnity: You indemnify us and hold us harmless for all damages and losses related to your failure to comply with the provisions of this Section 3, including, without limitation, your failure to secure your End-User account from third party access.
- AGE AND RESPONSIBILITY
- Age: Any individual making use of the Platform or the Services must be over 18 years of age to register or utilise them.
- By using and registering for the Platform and the Services, you understand that you are financially responsible for the applicable costs (if any) of using the services as detailed in these Terms.
- You agree to notify us immediately of any unauthorised use of your log-on information or any other breach of security.
- This Platform shall only be used as follows:
- a) To review and view listed properties for sale;
- b) To arrange viewings;
- c) To place offers (also known as bids) in respect of properties via the bidding process;
- d) To contact or communicate with us in respect of the Services, the properties listed or any other matter arising from the Platform; and
- e) Order services from third party service providers on our Marketplace
- It is the obligation of the End User to confirm the information provided by way of the Content through independent sources such as by way of a retained and suitably qualified and insured engineer, architect and/or solicitor. This Platform must not be considered complete or comprehensive due to possible errors in the database and the Content. Use of the Platform is solely at the End User’s risk in accordance with these Terms and in particular Section.
- Purchasers accept that no information, statement, description, quantity or measurement contained in any advertisements or given orally or contained in any brochure, catalogue, letter, report, docket or hand out issued by or on behalf of a Vendor or any agent acting on behalf of the Vendor in respect of a listed property on the Platform (whether or not in the course of any representation or negotiations leading to the deadline for offers) shall constitute a representation inducing a Purchaser to bid or to make an offer on a property for sale on Auctioneera or a condition or warranty forming part of the conditions of sale. Any information, statement, description, quantity or measurements so given or contained in any such advertisement, brochure, catalogue, letter, report or hand out issued by or on behalf of a Vendor or any agent on its behalf are for illustration purposes only and are not to be taken as matters of fact and that any mistake, omission, inaccuracy or mis-description given orally or in the form of any advertisement, brochure, catalogue, letter, report or hand out issued by or on behalf of a Vendor or any of its agents (whether or not in the course of any representation or negotiations) shall not give rise to any right of action, claim, entitlement or compensation against or from a Vendor or any of its agents under this agreement or otherwise or any right of residue of termination. For the avoidance of doubt, in the event that a Vendor and a Purchaser do reach a “sale agreed” position, any statement, representation or warranty whatsoever made by a Vendor, an agent or by employees of Auctioneera during the course of negotiations leading to a sale do not augment or alter the conditions of sale negotiated by the Vendor and Purchasers respective legal advisors.
- If Auctioneera provides information, or a copy of a document, provided by others/third parties, Auctioneera does so only on the basis that Auctioneera is not responsible for the accuracy of that information or document.
- USER UNDERTAKINGS
- Undertaking: Except as expressly set out in this Licence or as permitted by any local law, you undertake not to:
- Use the Services for any unlawful or illegal purpose;
- Act dishonestly or fraudulently by engaging in objectionable conduct, or by posting inappropriate, inaccurate, or objectionable content to or through the Platform;
- Publish inaccurate information in the designated fields on registration for the service (e.g. do not include a link or an email address in your name field)
- Make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Platform, the software and or content contained in either or both;
- Make any translation, adaptation, arrangement or any other alteration of the permanent aspects of the Platform or any of the software contained in either or both;
- Make any form of distribution to the public of the content of the Platform, the software, in whole or in part, or of copies thereof;
- Make any form of distribution to the public of the Content or any other content on the Platform save as in accordance with the terms of these Terms;
- Remove or alter any copyright, meta-tags or other proprietary notice from the Platform, the Software and/or the Content;
- Disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the content of the Platform, the Content or another associated data, information, product or content wholly or partially derived from any of the foregoing;
- Create an End-User account for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others including Auctioneera staff providing the Services;
- Use or attempt to use another End Users account without authorization from Auctioneera or that End User or create a false identity on the Platform;
- Upload, post, email, transmit or otherwise make available or initiate any content that:
- a) Falsely states, impersonates or otherwise misrepresents your identity to Auctioneera, including but not limited to the use of a pseudonym;
- b) Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
- c) Adds to a content field such content that is not intended for such field (i.e. submitting a telephone number in the “Name” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Auctioneera);
- d) Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
- e) Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; and/or
- f) Includes any unsolicited or unauthorised communication, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using Auctioneera to send messages to people who have not expressly consented to the receipt of such contact through the privacy controls on the system; (ii) sending messages to distribution lists, newsgroup aliases, or group aliases.
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Auctioneera unless you have entered into a written agreement with Auctioneera;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in the Platform or to provide the Services, or any part thereof;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform;
- Infringe or use the Auctioneera brand, logos and/or trademarks, including, without limitation, using the word “Auctioneera” in any business name, email, or URL or including Auctioneera’s trademarks and logos except as expressly permitted by Auctioneera;
- Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages, or perform other activities through the Platform, unless explicitly permitted by Auctioneera;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
- Attempt to or actually access the Platform by any means other than through the interfaces provided by Auctioneera. This prohibition includes accessing or attempting to access Auctioneera using any third-party service, including software-as- a-service platforms that aggregate access to multiple services, including Auctioneera and proxy services;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Auctioneera’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Auctioneera personnel, attempting to gain unauthorised access to Auctioneera, or transmitting or activating computer viruses through or on the Platform.
- Compliance Indemnity: You hereby agree to indemnify and hold Auctioneera and its licensors harmless from and against any liabilities, damages, judgments, costs and expenses (including reasonable legal fees and indirect and consequential loss) (“Losses”) arising out of your registration for the Platform or use of the Services in a manner inconsistent with these Terms.
- Warranty: You represent and warrant that you have the legal right and capacity to enter into these Terms in your jurisdiction.
- Viewings: You hereby agree to indemnify and hold Auctioneera and its licensors, its Vendors and its employees and agents harmless from and against any liabilities, damages, judgments, costs and expenses (including reasonable legal fees and indirect and consequential loss) (“Losses”) arising out of your attendance at a property and any injuries caused to you or by you while on site and that you undertake to take due care and consideration of your own personal safety when you enter upon a property for the purposes of a viewing/inspection.
- AUCTIONEERA'S UNDERTAKINGS
Auctioneera Indemnity: We shall indemnify you against any claim that your use of or access to the Platform or Services infringes the copyright of any third party provided:
- Such claim relates to the technology and software underlying the Platform and or the Services;
- We are immediately notified of any such claim;
- You do not make any admission of liability;
- We are given immediate and complete control of such claim, including the right to conduct the defence of any claim and to make any settlements as appropriate; and
- The claim does not arise on foot of any of the circumstances set out in Section 5 above.
- Remedies: We shall have the right at our discretion, to replace, modify or change the software incorporated in the Services to make any such software non-infringing. The maximum aggregate liability of Auctioneera shall be equal to that which is set out in section 9 of this Agreement. This states the entire liability of Auctioneera to you in respect of the infringement of the Intellectual Property Rights of any third parties.
- Disclosure of End User Information:
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide to us, if required to do so by law or we, in good faith believe that such access, preservation or disclosure is reasonably necessary in our opinion to:
- (a) Comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
- (b) Enforce this Agreement;
- (c) Respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency;
- (d) Respond to customer service inquiries; or
- (e) Protect the rights, property, or personal safety of Auctioneera employees, our users or the public.
- THIRD PARTY SITES
- Links: Auctioneera if it includes links to third party web sites in its Content (“Third Party Site(s)”) is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or applications. If you decide to access Third Party Sites, you do so at your own risk and agree that your use of any Third Party Sites is on an “as-is” basis without any warranty, and your use of any Third Party Site is subject to the terms and conditions contained therein.
- WARRANTY & DISCLAIMER
- ANY INFORMATION OR CONTENT CONTAINED IN THE PLATFORM OR PROVIDED VIA THE SERVICES IS PROVIDED “AS IS” OR “AS AVAILABLE”. WHILE AUCTIONEERA STRIVES TO PROVIDE YOU WITH USEFUL AND ACCURATE INFORMATION, AUCTIONEERA DOES NOT WARRANT, AND EXPRESSLY DISCLAIMS, THAT THE INFORMATION CONTAINED IN CONTENT PROVIDED BY THIS PLATFORM IS UP-TO- DATE, ACCURATE AND COMPLETE.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES, OR DO NOT AGREE WITH THE TERMS OF THESE TERMS, YOU MAY CLOSE YOUR AUCTIONEERA ACCOUNT AND TERMINATE THESE TERMS IN ACCORDANCE WITH SECTION 12 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. THIS PLATFORM AND THE CONTENT PROVIDED BY IT, MUST NOT BE CONSIDERED COMPLETE OR COMPREHENSIVE DUE TO POSSIBLE ERRORS IN THE DATABASE.
- AUCTIONEERA IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR COMMUNICATION (SUCH AS BIDS OR OFFERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) UPLOADED TO THE AUCTIONEERA PLATFORM. THE TRANSMISSION OF ANY SUCH MESSAGES OR COMMUNICATION SHALL BE ENTIRELY THE RESPONSIBILITY OF THE MOBILE NETWORK OPERATOR OR BROADBAND INTERNET PROVIDER. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR PERSONAL USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE PLATFORM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
- AUCTIONEERA DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN OPERATION. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. AUCTIONEERA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONALITY. FURTHERMORE, AUCTIONEERA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PLATFORM DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
- LIMITATION OF LIABILITY.
- Precedence: This Section prevails over all other provisions of these Terms and sets out the entire liability of Auctioneera in respect of:
- The performance, non-performance, purported performance or delay in performance by Auctioneera of its obligations under these Terms; and
- Otherwise in relation to this Agreement or the entering into or performance of these Terms.
- Losses not excluded: Nothing in these Terms shall exclude or limit Auctioneera’s liability specifically;
- Under the tort of deceit;
- For death or personal injury caused by any breach of duty (noting that in instances where a Purchaser attends an on site visit/inspection, that Purchaser has an obligation to ensure and maintain their own personal safety while attending such an inspection or viewing and recognises that they have the obligation not to cause injury to themselves while in or at such a visitation);
- Any breach of an obligation implied by the Sale of Goods Act 1893 and/or the Sale of Goods, Supply of Services Act 1980 (if any); or
- No Implied Terms: The terms of these Terms are in lieu of all other conditions, warranties and other terms concerning the supply or purported supply of, or failure to supply or delay in supplying, any services (except for those arising under the Sale of Goods Act 1893 and/or the Sale of Goods, Supply of Services Act 1980 (if any) which might but for this Clause have effect between Auctioneera and you or would otherwise be implied or incorporated into these Terms or any collateral contract, whether by statue, common law, or otherwise (including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or as to the use of reasonable skill and care), all of which are hereby excluded.
- Non-Contractual Liability: Subject to 9.2, Auctioneera does not accept, and excludes all liability for breach of any obligation or duty to take reasonable care or exercise reasonable skill other than any such obligation or duty arising under these Terms.
- Indirect Loss: Subject to 9.2, Auctioneera shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage, (whether or not such damage was foreseen, foreseeable, known or otherwise):
- Revenue, actual or anticipated profits, contracts, use of money, anticipated savings, business, opportunity, goodwill, reputation, damage or corruption of data; or
- Any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in 9.5.1).
- Breach of Warranty: For the avoidance of doubt, Auctioneera shall have no liability to remedy a breach of warranty where such breach arises as a result of any of the following circumstances:
- any use of the Services by you other than in accordance with the terms of this Agreement or use of the Services for a purpose for which they were not designed;
- any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Platform;
- any reverse assembly, reverse compilation, reverse engineering or adaptation of the whole or part of the Platform;
- any alteration, modification, adjustment, translation, adaptation or enhancement made by you to the Website or the Application or any combination, connection, operation or use of the Platform with any other equipment, software or documentation;
- any dissemination, sale, hire, lease offer or exposure for sale or distribution of the Platform;
- any item of third party hardware or software, even if forming part of the software or if the Licensor has recommended such third party hardware or software;
- any breach by you of your obligations under this Agreement or of the Licensor’s Intellectual Property Rights; or
- any act, omission, negligence, fraud or default of or by you (whether as Vendor or Purchaser including in respect of on site visits or viewings of properties).
INTEGRITY OF DATA
- Vesting: You acknowledge that all Intellectual Property Rights, title and interest in the Platform and the Services contained therein, throughout the world belong to Auctioneera, that rights in the these are licensed (not sold) to you, and that you have no rights in, or to, the Platform and the Services other than the right to use them in accordance with the terms of these Terms.
- Contributions: Auctioneera provides a feedback facility and engages in surveys from time to time. Please note that Auctioneera develop or are developing similar ideas independently of any content, information, ideas, suggestions or other materials which you may supply. Any ideas, suggestions, documents, improvements, comments, proposals or feedback in relation to the operation of the Website, the Application and or the Services (“Feedback”) in whatever manner or form facilitated by the Platform; any such communication with Auctioneera whether verbally, via postings on blogs, forums, questionnaires, email and the like (“Communication”), you acknowledge and agree that such Feedback and or Communication (together “Contributions”):
- do not contain confidential or proprietary information;
- do not create any express or implied obligation of confidentiality in respect of Auctioneera;
- Auctioneera is free to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
- does not preclude Auctioneera from having something similar to the Contributions already under consideration or in development;
- that you irrevocably waive and assign all right, title and interest in and to the Contributions to Auctioneera;
- does not entitle you to any compensation, royalty or reimbursement of any kind from Auctioneera under any circumstances; and
- you further agree to provide Auctioneera with such assistance as may be required in documenting, perfecting and maintaining Auctioneera’s rights in and to any such Contributions.
- Not Bespoke: You acknowledge that the Platform, the Services and the software have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Platform and the Services as described on the Website, meet your requirements.
- Minor Errors: You acknowledge that the Platform and the Services may not be free of bugs or errors and you agree that the existence of any errors shall not constitute a breach of this Licence.
- Insurance: You agree that you are the best judge of the value and importance of the data held on your End-User account and that you will be solely responsible for taking out any insurance policy or other financial cover for loss or damage which may arise from loss of data for any reason.
PRIVATE TREATY PROCESS
- Duration: These Terms are effective either until a) you stop browsing (noting the continuance of certain provisions by their very nature after you have stopped browsing) b) your end user account is deactivated by you by emailing us at email@example.com or by us in accordance with these Terms.
- Immediate Termination: Auctioneera may terminate this Licence immediately if:
- You commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of notice requiring you to do so;
- for just cause at the sole discretion of Auctioneera.
- Upon termination for any reason:
- all rights granted to you under this Licence shall cease;
- you must cease all activities authorised by this Licence;
- you must immediately pay to the Licensor any sums due to the Licensor under this Licence if applicable; and
- Auctioneera provides a Platform for the listing of properties in the Republic of Ireland. Purchasers are invited to Bid (or make an offer) via the Platform in relation to a particular property. Bids are automatically set to increments of €1,000 (one thousand euro) but may be increased in such necessary increments and or amounts as a particular Purchaser may require or indicate. The Platform will indicate a bidding process and date as determined by a particular Vendor by which they would like bids received (the “deadline”) – this is referred to as the deadline for offers and is displayed on our website. In doing so, this is not the creation of an auction, it merely indicates a timeframe by which a particular Vendor wishes bids to be received. Bids received after such time, will be brought to the attention of the Vendor by Auctioneera and its Auctioneers and the acceptance of Bids or non-acceptance of Bids, will be at the absolute discretion of the Vendor. A Vendor may decide, for example, to accept an under-bidder’s offer, if they should so wish, based on criteria which they may determine from time to time, to include but not limited to whether a Purchaser has finance available, whether they are a cash purchaser, whether they are in a “chain” of title or not to accept Bids at the current time. Auctioneera will communicate the outcome of any decision of a Vendor, to accept or reject a Bid or to place conditions to be complied with by a Purchaser within a reasonable time and under the instruction of the Vendor. If there is a dispute in relation to bidding, Auctioneera is entitled to resolve it.
- For the avoidance of doubt, neither Auctioneera, nor any Vendor whose property is listed on the Platform shall be liable for any costs incurred by a Purchaser whether by way of their own due diligence or otherwise, whether legal, bank, engineering or other costs.
- If you as a Purchaser have been confirmed as a successful bidder whereby your offer has been accepted (whether subject to certain conditions or not) by the Vendor, the Auctioneers at Auctioneera will advise you formally of same and will provide you with the process by which to reach a “sale agreed” status. For the avoidance of doubt, “sale agreed” is an industry term which indicates that contracts and title will be, are or have been issued by a Vendor’s solicitor to a Purchaser’s Solicitor. It does not confirm, in any way, that a binding contract for the purchase or sale of a particular property exists and Auctioneera is not authorised by its clients to confirm any such status. All matters of contract, relating to the purchase and sale of the listed property, are a matter of negotiation between Vendor and Purchaser solicitor’s alone. Auctioneera is bound professionally to bring any bids received during such period to the attention of a Vendor. It is a matter for any Vendor to decide what they wish to do in any circumstance.
- Auctioneera’s marketplace allows End Users of the Platform to get real time quotations from property service professionals, whether they are a Purchaser or a Vendor or any other form of End User of the Platform. End Users can book the services of these professionals directly on the Platform. For some services (eg pre-purchase surveys and BER assessments) the entire fee is taken at the time of booking utilising our third party payment providers. Auctioneera provides a marketplace link to solicitors. Where this feature is utilised, an initial fee is taken when seeking to book these services. This fee is payable to Auctioneera for building and maintaining the marketplace and is not a payment directly to the solicitor. You will be invoiced according to the bookings made on the Platform. The total price detailed on the Platform is broken down as follows: a) an initial fee for use of the marketplace and b) a separate indicative solicitor’s professional fee together with any tax and outlay negotiated directly with the solicitor and subsequently paid directly to the solicitor directly, typically when the property transaction closes.
- You are purchasing property related services from Third Party service providers and not from Auctioneera. Auctioneera is not responsible for and will not have any liability regarding services you purchase from those Third Party service providers. You acknowledge, agree, and understand that Auctioneera is not a party to the relationship or any dealings between you and any Third Party service provider and the terms of any such engagement are a matter for you and that provider to negotiate directly.
- If you have any concern or dispute about services purchased on the Auctioneera Marketplace from Third Party service providers, your claim must be pursued with the Third Party Service Provider exclusively. Auctioneera does not provide arbitration or any dispute resolution mechanism for disputes between you and the Third Party service providers detailed on the Platform or the for whom the payment of fees is facilitated by the Platform. Auctioneera accepts no responsibility or liability relating to services purchased on the Platform from a Third Party service provider. The Platform provides a marketing & payment processing facility only for any such Third Party service providers. Auctioneera expressly disclaims any warranty or undertaking, and makes no representation of any kind as to the quality of the service offered and/or provided by any of the Third Party service providers & accepts no liability for any deficiency, perceived or actual, in any service provided.
- You have the right to cancel your order for a Third Party service provider within 14 days or in advance of commencement of the services to be delivered, whichever the sooner. Please contact us directly to cancel the order at firstname.lastname@example.org. If your service provider has commenced providing their services, you will need to contact them directly to determine the extent, if any, a refund may be available to you. The information of your retained service provider will be provided to you on your receipt for payment. Refunds which are issued directly from Auctioneera will be directed to the card or payment facility from which payment was received.
AMENDMENTS TO THE LICENCE
- Service Messages: For the purposes of service messages and notices about the Services to you, Auctioneera may place a banner notice across the Platform to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from Auctioneera to an email address associated with your account, even if we have other contact information, or via a digital distribution platform for mobile applications, applicable to your particular device.
- General Communication: You also agree that Auctioneera may communicate with you through your account or through other means including email, mobile and telephone about your account or services associated with Auctioneera including properties in which you have indicated an interest. Please review your settings to control what kind of messages you receive from us. To unsubscribe from any communication we circulate to you, please click on the unsubscribe mechanism at the bottom of the communication. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so, to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Platform and Services.
- Contacting Auctioneera: In addition Auctioneera may be contacted via our mail courier at: 17 – 18 French Church Street, Cork, Ireland and email@example.com
- Amendments: Auctioneera reserves the right, at our sole discretion, to amend, add or delete any of the terms and conditions of this Licence. Auctioneera will post notifications of any such changes to this Licence on the Website or in the Application, will provide a link to the revised version of this Licence, and may provide such other notice as the Licensor may elect in its sole discretion. If any future changes to this Licence are unacceptable to you or cause you to no longer be in compliance with this Licence, you may terminate this Licence in accordance with the terms herein.
- Evidence of Acceptance: Your browsing, accessing via an End User account, your download and/or use of any updated or modified Content (if any) and/or your continued use of the Platform, or the Services following notice of changes to this Licence as described above means you accept any and all such changes. Auctioneera may change, modify, suspend, or discontinue any aspect of the Website and/or the Services at any time.
- Limits: Auctioneera may also impose limits on certain features without notice or liability. You disclaim any right, title or interest, monetary or otherwise, in any feature or content contained in the Platform and/or the Services.
- Strict Performance: If Auctioneera fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if Auctioneera fails to exercise any of the rights or remedies to which it is entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
SEVERABILITY: Severance of Terms: If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT: These Terms and any document expressly referred to in it represents the entire agreement between you and Auctioneera, in relation to the license hereunder and supersedes any prior agreement, representation, understanding or arrangement between us, whether oral or in writing. Both Parties hereunder acknowledge that, in entering into these Terms, neither Party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this Licence except as expressly stated in this Licence.
LAW AND JURISDICTION
RELATIONSHIP: Nothing in this Agreement shall create, evidence or imply any agency, partnership or joint venture between you and Auctioneera. Neither you nor Auctioneera shall act or describe itself as the agent of the other; nor shall either party represent that it has any authority to make commitments on behalf of the other.
CONFLICT OF TERMS: In any instance where there is a conflict in these terms as between the PSRA Property Services Agreement for Vendors, the PSRA Property Services Agreement shall take precedence.
- Jurisdiction: These Terms is governed by Irish law. Any dispute arising from, or related to, any term of these Terms shall be subject to the exclusive jurisdiction of the Irish courts.
- LANGUAGE: Any dispute arising from, or related to, any term of these Terms arising between the Parties, shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.
TERMS AND CONDITIONS – PRIVATE TREATY - VERSION DRAFT 1.0
LAST UPDATED JUNE 2021