Terms and Conditions

App Terms and Conditions

Last updated on 4 April 2023.

Welcome to Auction Snitch!

Auction Snitch is a mobile application that allows users to view property listings and submit pricing, listing and auction information relating to those properties (Snitch). Users can also view and vote on Snitches posted by other users using the like/dislike function via the application (Vote).

To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about “Auction Snitch”, “we,” “our,” or “us” in these Terms, we are referring to Terrace Analytics Pty Ltd (ABN 12 663 623 569) trading as Auction Snitch. When we talk about the “Services” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store (App), our website, https://auctionsnitch.com.au/ (Website), and any associated services we offer.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

1 INTRODUCTION

These Terms set out the terms and conditions that apply when you use the Services as set out in these Terms.

By using the Services, ordering any goods or services through the Services, or otherwise engaging with the content on the Services, you represent and warrant that you:

(a) are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or

(b) are the parent or legal guardian of a person under the age of 18 who intends to use the Services, and you agree to be bound by these Terms on that person’s behalf.

Please have a careful read through these Terms before using the Services. If you don’t agree to these Terms, please don’t use the Services.

We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

2 DISCLAIMER

2.1 NOT FINANCIAL ADVICE

(a) All information provided by Auction Snitch as part of our Services is general information.

(b) No information provided as part of our Services is intended to be financial advice of any kind and it should not be relied on as such.

(c) You should obtain specific financial or other professional advice before relying on our Services. By not seeking such advice, you accept the risk that the information provided as part of our Services may not meet your specific needs (whether your business, or personal needs, or otherwise).

2.2 NO GUARANTEED OUTCOME

Auction Snitch does not guarantee any particular outcome from your reliance on our Services.

2.3 NO RELIANCE ON SNITCHES AND VOTES

You acknowledge and agree that Snitches and Votes are submitted by users of the Services and we are not responsible for any Snitches and Votes. We make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Snitches and Votes.

3 ACCOUNT REGISTRATION

In order to use the Services, you will be required to sign up for an account (Auction Snitch Account).

When you register for an Auction Snitch Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

You agree that you’re solely responsible for:

(a) maintaining the confidentiality and security of your Auction Snitch Account information; and

(b) any activities and those of any third party that occur through your Auction Snitch Account, whether those activities have been authorised by you or not.

You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Auction Snitch Account information or your password.

4 TERM

(a) Your Subscription and these Terms commence on the date you agree to be bound by these Terms (as set out at the beginning of these Terms) and continues for the subscription period (as set out on the App or our Website) (Subscription Period) and any Renewal Periods applicable, unless terminated earlier in accordance with clause 17.

(b) Subject to clause 4(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period).

(c) This agreement will not automatically renew on expiry of the Subscription or Renewal Period (Renewal Date), if either party cancels the Subscription prior to the Renewal Date.

(d) You will be notified of the agreement renewing and any applicable changes to the Subscription Fees or these Terms at least 2 days prior to the Renewal Date (Renewal Notice).

5 FEES

5.1 TRIAL

(a) We may offer a no cost trial which will allow you to access our Services for a free period as set out on the App or our Website (Trial).

(b) As a part of signing up for the Trial, we may collect your credit card details (Credit Card Details).

(c) At the end of the Trial, you may continue to use some features of our Services for free, or you can upgrade your Account by purchasing a subscription as set out in clause 5.2(Subscription).

5.2 FEES

In order for you to access additional features (Paid Version), we may require the payment of fees. You must pay subscription fees to us in the amounts specified on the Website and in accordance with clause 5.3(Subscription Fees).

5.3 SUBSCRIPTION FEES

(a) All Subscription Fees must be paid in advance and are non-refundable for change of mind.

(b) Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period and at the beginning of every Renewal Period thereafter.

5.4 AUTOMATIC RECURRING BILLING

(a) As set out in clause 5.3, your Subscription will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel. Whilst your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.

(b) We will not be required to pay any charge back amount if you fail to cancel your Subscription in accordance with these Terms.

(c) By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

(d) We may submit periodic charges for the Subscription Fees without further authorisation from you, until you provide prior written notice that you have terminated this authorisation or wish to change your payment method (and receipt of this is confirmed by us). Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our Website.

5.5 FAILURE TO PAY

If Fees for an Auction Snitch Account are not paid when they are due, we may revoke your Auction Snitch Account and require payment for you to continue accessing those Services.

5.6 ONLINE PAYMENT PARTNER

(a) We may use a third-party online payment partner (Online Payment Partner) to collect Subscription Fees.

(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.

(c) You agree to release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

6 REFUNDS

Except as otherwise set out on our Website or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.

7 ACCEPTABLE USE

We’ll need you to make a few promises about the way you’ll use the Services.

You agree:

(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;

(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

(d) not to attempt to breach the security of the Services or Auction Snitch’s system security, or otherwise interfere with the normal function of the Services, including by:

(i) gaining unauthorised access to Auction Snitch Accounts or data about other users of the Services;

(ii) scanning, probing or testing the Services for security vulnerabilities;

(iii) overload, flood, mailbomb, crash or submit a virus to the Services or Auction Snitch’s system; or

(iv) instigate or participate in a denial-of-service attack against the Services or Auction Snitch’s system; and

(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.

8 YOUR CONTENT

8.1 TYPES OF CONTENT

As part of using the Services, you’ll be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the App, sharing content via the App on social media or by contacting us, or when you register an Auction Snitch Account (Posted Materials).

8.2 POSTED MATERIALS

By providing or posting any Posted Materials, you represent and warrant that:

(a) you are authorised to provide the Posted Materials;

(b) the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

(d) the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);

(e) the Posted Materials are accurate and true at the time they are provided;

(f) any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(g) the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

(h) the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

8.3 POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to Auction Snitch (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Auction Snitch to use, exploit or otherwise enjoy the benefit of such Posted Material.

8.4 REMOVAL OF POSTED MATERIALS

We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

9 SNITCHES AND VOTES

(a) Snitches and Votes can be viewed by all users accessing our Services.

(b) All Snitches and Votes must be true, fair and accurate.

(c) If we consider that a Snitch or Vote is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Snitch or Vote and/or ban the relevant user from submitting further Snitches or Votes. We do not undertake to review each Snitch or Vote made on the Platform.

(d) If you have been offered an incentive to leave a Snitch or Vote, you should not leave a Snitch or Vote. Incentives include being offered a gift, reward, discount or advantage for leaving a positive Snitch or Vote.

10 OUR CONTENT

Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.

You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

11 THIRD PARTIES

11.1 THIRD PARTY CONTENT

The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

11.2 THIRD PARTY LINKS

The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

11.3 THIRD PARTY TERMS AND CONDITIONS

By using the Services, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).

You agree to any Third Party Terms applicable to any third party goods and services, and Auction Snitch will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

12 NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

(a) these Terms are between you and Auction Snitch and not with Apple. Apple is not responsible for the Services or any content available on the Services;

(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;

(c) in the event of any failure of Auction Snitch to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Auction Snitch’s responsibility;

(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation;

(e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

(f) that you represent and warrant that:

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

(g) you must comply with applicable third party terms of agreement when using the Services; and

(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

13 OPERATION OF THE APP DEPENDENT ON THIRD PARTIES

You acknowledge that the Services are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Services can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

14 SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

(a) the Services will be free from errors or defects;

(b) the Services will be accessible or available at all times;

(d) information you receive or supply through the Services will be secure or confidential; or

(e) any information provided through the Services is accurate or true.

15 SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

16 LIABILITY

To the maximum extent permitted by applicable law, Auction Snitch limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.

You agree to indemnify Auction Snitch and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.

All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

To the maximum extent permitted by law, under no circumstances will Auction Snitch be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

17 CANCELLATION

17.1 CANCELLATION BY YOU

You are responsible for the cancellation of your Auction Snitch Account. You can cancel your Auction Snitch Account at any time by using the functionality provided in the App.

17.2 CANCELLATION BY US

To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason.

We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.

17.3 EFFECT OF CANCELLATION

Upon cancellation, termination or expiry of your Auction Snitch Account, we will delete any Posted Materials associated with your Auction Snitch Account, other than Snitches and Votes which we may choose to delete or retain on the platform in our sole discretion (for the benefit of other users and our Services). You won’t be able to recover any of this after cancellation, termination or expiry of your Auction Snitch Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Auction Snitch Account.

17.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

18 PRIVACY

You agree to be bound by the clauses outlined in Auction Snitch’s Privacy Policy, which can be found here: https://auctionsnitch.com.au/privacy-policy.

19 LOCATION OF SERVICES

Auction Snitch controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.

20 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

21 GENERAL

21.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

21.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

21.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

21.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

21.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

21.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

WEBSITE TERMS AND CONDITIONS

TERRACE ANALYTICS PTY LTD (ABN 12 663 623 569) TRADING AS

“AUCTION SNITCH”

WEBSITE TERMS AND CONDITIONS

1 INTRODUCTION

(a) These terms and conditions (Terms) apply when you use this website, https://auctionsnitch.com.au/ (Website).

(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Terrace Analytics Pty Ltd (ABN 12 663 623 569) trading as “Auction Snitch” (Auction Snitch, our, we or us).

(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

3 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

4 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(d) information you receive or supply through the Website will be secure or confidential; or

(e) any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

5 INTELLECTUAL PROPERTY

(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

6 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

9 PRIVACY

You agree to be bound by our Privacy Policy, which can be found https://auctionsnitch.com.au/privacy-policy/

10 LIABILITY

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.

11 GENERAL

11.1 GOVERNING LAW AND JURISDICTION

11.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

11.3 SEVERANCE

11.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

11.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

11.6 ENTIRE AGREEMENT

11.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

Terms and Conditions

App Terms and Conditions

WEBSITE TERMS AND CONDITIONS

This website uses cookies.