- In this Agreement, except to the extent expressly provided otherwise:
"API" means Application Programming Interface.
"RE Software" means RE Software Pty Ltd and any related bodies corporate.
"Relevant Jurisdiction" has the meaning as that in the Timed Auction Process.
"SaaS" means Software as a Service.
"Terms" means these Terms and Conditions.
"We/Us" means RE Software and the owner of the Website.
"Website" means www.auctionslive.com and includes but is not limited to any sub-domains, mobile sites, apps and APIs.
"You/Your" means the viewer of the Website and/or the owner of the IP address accessing the Website.
- We may modify these Terms and use of our Website at any time without notice. You should therefore review these Terms regularly.
- Any changes to the Terms will be retrospective and effective as and when they are live.
- There are separate terms and conditions applicable to our SaaS products and these Terms do not apply to those. It is therefore your responsibility to ensure that you have read and adhere to all terms and conditions of RE Software.
- These Terms have been created to protect the content, intellectual property, copyright and integrity of RE Software.
- These Terms are binding between You and RE Software.
- These terms are to be adhered to irrespective of whether You subscribe to any of products or services of RE Software, and are additional to separate terms and conditions associated with those products and services.
- The systems of RE Software are monitored via an internal auditing system which are date stamped and captures the users IP address. Any other information and details available for tracking is also captured.
- Any misuse of RE Software’s systems, Website, facilities and serves may lead to civil action or criminal prosecution by RE Software.
- By accessing the Website, you agree:
- That the information on this Website is provided on an “as-is” basis and You are only permitted to view the content of the Website for the purpose and understanding of RE Software as a company and the products and services RE Software provides; and
- To only download content that the Website allows You to download which are made available via links to PDF files only; and
- To not hold RE Software liable to You, or anyone else, for any loss or damage (including without limitation loss of profits, revenue or business, indirect, consequential, special or incidental loss or damage), howsoever liability arises, or might arise, if it were not for this clause. This exclusion does not apply to anything the law prohibits as excluding liability; and
- To indemnify RE Software for any loss suffered, or liability incurred, due to any information provided by RE Software that is not, or that you believe is not, accurate, up to date or complete, or is otherwise misleading. RE Software endeavours to ensure all information provided on the Website is accurate.
- In this clause 4, ‘Content’ means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code.
- Content includes but is not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content.
- Any and all Content contained on the Website is owned, controlled or licensed by or to RE Software and is protected by a trade dress, copyright, trademark laws and various other intellectual property rights and competition laws.
- You may not create a link to any page of the Website without RE Software’s express written consent. In circumstances where you do create a link to the Website without approval, you do so at your own risk and any and all exclusions and limitations set out in these Terms will apply to your use of the Website by linking to it.
- Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, communicated to the public or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without the express written consent of RE Software.
- All rights not expressly granted herein are fully reserved by advertises, licensors and RE Software.
- We monitor users’ movement of the Website and gather broad demographic information for aggregate use.
- We us IP addresses to administer the Website.
- We acknowledge that IP addresses are not linked to personally identifiable information however, this does not exclude RE Software from using any and all resources to obtain Your personal details for legal purposes.
- RE Software’s servers automatically log standard access information including but not limited to browser type, access times, open mail, URL requested and referral URL. This information is stored for the purposes of system administration, detecting usage patterns and troubleshooting.
- RE Software monitors Your use on the Website including if You are using any tracking or downloading software on the Website without RE Software’s knowledge.
- RE Software only permits tracking by recognised search engine companies only.
- Should You breach this clause, RE Software may view Your actions as theft, industrial espionage, economic espionage or corporate espionage and You agree to be liable to RE Software Pty Ltd for a minimum of five million dollars (AUD) enforceable by legal action.
- In circumstances where there has been a supply of any information to third party companies other than Yourself, RE Software will view Your actions as theft, industrial espionage, economic espionage or corporate espionage and unless You can provide a reasonable explanation for Your actions that We deem acceptable, You agree to be liable to Us as per clause 5(g).
- RE Software will, as permitted by these terms, obtain Your personal or company details to proceed with any legal action required. If the IP address from which the offense has originated is owned by a company or entity then the actions are deemed to be authorised by that company or entity and the company or entity including its Directors (under personal guarantee) accept full responsibility for the monetary liability.
Restrictions on use of Website
- You agree that You will not:
- Use any automated device, software, process or means to access, retrieve, scrape or index the Website or any Content on the Website, or attempt to inject URL strings which are an attempt to access the Website illegally; or
- Undertake any action that will impose a burden or make excessive traffic demands on RE Software’s infrastructure that We deem, in our sole discretion, to be unreasonable or disproportionate site usage; or
- Use or index any content or data on the Website for purposes of:
- Constructing a replica of the Website; or
- Competing with RE Software in a manner that We have not specifically authorised; or
- Use the Website or any Content from the Website in any manner which is, in RE Software’s sole discretion, not reasonable and/or not for the purpose for which it is made available; or
- Act in violation of any Term or other condition posed by Us; or
- Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Website or any Content, except as expressly authorised by RE Software; or
- Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature to the Website or RE Software’s clients.
- Some areas of the Website are restricted and any unauthorised access to those areas will be subject to prosecution and liabilities in accordance with these Terms.
The inclusion of advertisements, pointers and hyper links to other web sites operated by third parties are not under the control or the responsibility of RE Software. A display of advertising does not imply an endorsement or recommendation by RE Software.
Reservation of rights
We reserve the right to exercise whatever means We deem necessary to prevent unauthorised access to the Website. This includes but is not limited to implementing specialised technology, reporting Your conduct to the appropriate legal authorities or commencing legal action.
- By using our services and our Website, you agree to be bound by YouTube’s Terms of Service.
- YouTube’s Terms of Service can be found at (https://www.youtube.com/t/terms).