Please read these terms and conditions carefully. When you register with the service, you are deemed to have accepted, and will be bound by the Users Agreement, as amended and varied by us from time to time.
TVA provides an ecommerce platform for the sale / disposal of assets by a Vendor / Seller, that is, the assets are owned by an individual and / or business, or entitlement for sale of assets has been authorised by a Power of Attorney / business / company / liquidator / administrator.
1. IN GENERAL
1.1 Terms and conditions
a. Capitalised terms used throughout the Users Agreement have the meaning given to them in the Definitions and Interpretations
b. The terms and conditions contained in the Users Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions please contact our customer service team at mail@tva.net.au
c. We may amend the Users Agreement from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review this Users Agreement from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this Users Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
d. Please note that additional conditions governing the Service and your relationship with TVA Online Sales are contained within TVA, Tasmanian Valuers & Auctions' website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the Users Agreement. In particular, please carefully read all information relating to the sale preview, catalogue page which contains important information relevant to each particular sale on the TVA website.
e.All prices quoted are in Australia Dollars (AUD) unless otherwise specified
1.2 Use of the service
a. The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
b. If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
c. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.
1.3 Obligation to maintain system integrity
a. You may not take any action that might interfere with the operation of the Service.
b. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online sale being conducted on our Site.
c. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
d. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
e. You are solely responsible for your transmissions through the Service. You must:
(i) not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(ii) not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(iii) not interfere with or disrupt networks connected to the Service;
(iv) not use the Service for illegal purposes;
(v) comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
f. We reserve the right to determine whether or not your conduct is consistent with the Users Agreement and what we believe is good practice for the TVA website. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the Users Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
2. REGISTRATION
2.1 Registering for use
a. You must register your full personal details, including: first name and surname, residential address, phone contact, email address with TVA online to use the Service (your "Account"). Registration does not oblige you to purchase anything.
b. Upon registering your personal or authorised business credit card, a $1 fee will be processed against your account. If the $1 fee is declined, your registration will be refused.
c. You must not use false or misleading information when registering or using the Service. You cannot register in another person's / business name or use another person's / business credit card without their expressed signed authorisation in writing to TVA personnel stating their full name, residential/business address, telephone/mobile contact number (Power of Attorney to supply verification of status). Your obligations to TVA online won't be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
d. When you register for the Service, you must choose your user name (email address) and password. You must have a valid user name (or "login") and password before you can purchase items on the TVA website. You are responsible for the security of your user name and password. TVA online may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify TVA immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
e. We intend to send notifications to you by e-mail of:
(i) the status of an online sale in which you are participating;
(ii) sales confirmation for "Buy Now" Sales;
(iii) the status of your delivery, if applicable;
(iv) a copy of your invoice, if applicable;
(v) newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
(vi) requests to participate in customer feedback
However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
f. TVA will use your personal data in accordance with the National Privacy Principle Statement. We will not sell your personal information to other mailing lists.
g. You may request that your Account be closed by emailing us a closure request to mail@tva.net.au. In the case of an online sale, you may not close your Account while you are actively engaging in a purchase. When the sales transaction closes, you may request that your Account be closed.
h. TVA will only close your account if:
(i) any online sale you have participated in has closed,
(ii) any "Buy Now" Sale has been concluded, and
(iii) you have paid everything you owe TVA in cleared funds.
2.2 Eligibility to participate
You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you are:
a. under 18 years of age,
b. an undischarged bankrupt, or
c. under any type of insolvency administration, where you are a company.
2.3 Registration process
In order to be eligible to purchase goods using the Service, you must provide details of a valid personal / business 16 number credit card sufficient to make required online payments at the close of a sale. By registering, you irrevocably authorise TVA to process these transactions.
2.4 Your information
a. "Your information" includes any information you provide us at any time, including when you register to use the Service to buy products online.
b. You are solely responsible for Your Information. However, we may deal with Your Information, if we deem it necessary or appropriate, for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
c. The secure areas (anywhere personal information is sought) of the site are protected by a minimum of 128bit SSL encryption. Whilst TVA will endeavour to ensure this service is always functioning correctly it is the responsibility of the user to ensure their browser displays either an 's' directly following the URL (eg http(s)://www.tva............) or a yellow lock in the bottom of the browser prior to entering personal information.
d. You must ensure that Your Information,
(i) is true, accurate and complete;
(ii) is not false or misleading;
(iii) does not infringe any other person's rights (for example intellectual property rights) or privacy;
(iv) is not contrary to any applicable law or industry code of practice;
(v) is not defamatory, threatening or harassing;
(vi) is not obscene or pornographic; or
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
e. You must not do or allow to be done anything involving the Service which:
(i) may be contrary to any applicable law or industry code of practice, or
(ii) is prohibited by the Users Agreement.
3. YOUR RIGHTS AND OBLIGATIONS
3.1 TVA Online Sales - Your obligations as a buyer
a. When you use the Service to buy in an online sale, you are making an offer to buy the item at your nominated price. If your nominated price is the Winner's Buyer Amount, you will be the Winning Purchaser and you must purchase the item you have nominated and pay the Winner's Buyer Amount, plus any additional charges that you may be obliged to pay. There is no cooling-off period and you, the buyer, are bound to the sale.
b. Please take care when placing a nominated amount as it cannot be withdrawn.
c. It is your responsibility to read the Product Information, sale preview and catalogue page relating to any item listed for sale on the TVA website. Please do not rely solely on the title summary or any photographs of the item posted on the TVA website for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
d. All items are sold as they are and no error or misdescription in the catalogue or elsewhere, or any faults or defects or missing parts or quantities, shall vitiate the sale and the buyer shall be bound to take delivery without allowance or abatement in price. Any statement as to authorship, attribution, origin, date, age or condition are expressions of opinion and are not to be taken as statements or representations of fact.
e. Please make sure you understand the delivery and payment terms, including any amendment to those terms and conditions as outlined in the item's description or in the sale preview and catalogue page. Usually a Buyer's Premium, and other charges including a delivery fee (if applicable), will apply to online sales (please refer to clause 3.2 for examples of additional charges).
f. You must not engage in price manipulation.
3.2 Your obligation to pay - Online Sales
a. If you are the Winning Buyer/Purchaser in an online sale, you must pay:
(i) the Winning Buyers Amount; and
(ii) the Buyers Premium; and
(iii) any other fees and charges specified in the sale preview and catalogue page, and including but not limited to tax, delivery and insurance charges, (the "Invoice Amount") due to TVA either by:
(iv) authorised credit card deduction (charge), immediately; or
(v) where the amount payable exceeds AUD$5,000.00, by way of direct deposit (telegraphic transfer), deposit of a bank cheque or such other method whereby immediately cleared funds are deposited into the bank account nominated by us within two working days (48hrs) of closure of online sale.
b. If the Invoice Amount is more than $5,000.00, and you don't pay it into a bank account nominated by TVA, we may charge your credit card, (either for all or part of the Invoice Amount) on account of final payment by you. TVA may also charge an additional administration fee to your credit card.
c. If we find that the amount of credit available on your credit card is insufficient to cover the Invoice Amount, we can deduct any portion of the Invoice Amount that is owing to TVA from your credit card on account of payment of the Invoice Amount in full.
d. If we are unable to deduct from your credit card the total amount owing to TVA in one transaction, we may process any number of transactions on your credit card until the total amount you owe us is paid.
e. If your account remains unpaid after the specified due date we may charge you a 1% of the gross sale price (excluding GST) per day late payment charge
f. If you:
(i) refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Buyer (for example, if your credit card balance is insufficient to meet all money due); or
(ii) do not comply with the terms and conditions of the Users Agreement ,TVA may in our absolute discretion:
(A) sue you for all money owing to TVA, including any Buyers Premium and lost income;
(B) resell the item in any manner and on such conditions as TVA see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (C)) (if any) from you; or
(C) charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost fees and Buyers Premium (if any), administration costs, restocking costs, additional costs including insurance, transportation, storage and any other reasonably incurred expenses created in reinstating TVA to the same position as if the item was sold to you;
and in taking the steps in (A), (B) or (C), you authorise TVA to charge your credit card for any amount owing to us.
g. Notwithstanding that you have been notified that you are a Winning Buyer, TVA may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
(i) the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by you;
(ii) there are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
(iii) you don't pay the Invoice Amount into a bank account nominated by TVA within two working days (48 hours) of the Winning Buyer placing the Winner's Purchase Amount; or
(iv) TVA are unable to contact you for any reason.
h. If you fail to comply with any of these terms and conditions, any money which you paid to TVA on deposit on account of any purchases of an item may be forfeited to TVA. TVA may also sue you to recover the balance of the Invoice Amount and any other amounts owing to TVA under these terms and conditions. In exercising our power of forfeiture, TVA will not act unreasonably.
3.3 "Buy Now" Sales
a. You must pay the purchase price (including any GST) in full for a "Buy Now" Sale together with any other applicable fees or charges, for example buyers premium.
b. You authorise TVA to debit your credit card for the total amount payable to us as a result of a "Buy Now" Sale.
4. THE ONLINE SALE PROCESS
4.1 Procedure
a. You may proceed the purchasing process:
(i) by placing a nominated starting $ amount; or
(ii) by a maximum nominated $ amount for automatic application.
b. If you participate in an online sale using the maximum nominated $ feature, you are responsible for monitoring the online sale in which you are participating and by placing and/or updating your nominated $ amounts. NOTE: autobids to be placed whilst you are the under-bidder, otherwise the bid automatically jumps to highest bid price placed.
c. An online sale will start at a specified time and at a nominated minimum starting price.
d. All $ nominations placed on an online sale;
(i) must be made on a per-item basis, and
(ii) may only be increased by multiples of the posted increment specified for each item..
e. TVA set a minimum price for each item we sell at which the buying must start.
f. TVA has discretion to close an online sale before the scheduled time. For example, we may close an online sale if:
(i) there is or TVA suspect there may be, fraudulent or malicious activity;
(ii) there may be processing errors;
(iii) there may be technological errors or site failure; or
(iv) we are not satisfied with proof of ownership of any item listed on the site.
g.Selling will be ranked in the following order of precedence,
(i) price,
(ii) initial time
For example, if two or more $ amounts are placed for the same nominated price, the time the buyer placed their first nominated $ amount on the item, takes precedence.
h. All $ amounts placed on TVA Online sales are made on a per-item basis (unless specified otherwise) and $ amounts may only be increased in multiples of a specifed increment. While you are the current highest buyer on an online sale, you will not be permitted to lower your current $ amount with a new lower $ amount, you must wait until your current highest $ amount is exceeded by another potential purchaser.
4.2 Conclusion of TVA online sale
a. The selling closes at the end of the time period specified for that TVA Online sale. NOTE: Staggered finishing times apply to all online sales to avoid the system crashing due to overload. Bonus time applies beyond nominated finishing time whilst there is active bidding in the last 5 minutes (refer to point 12.j).
b. When a TVA Online sale in which you have participated closes and you are the Winning Buyer/Purchaser, TVA intend to notify you by e-mail. This notice will include,
(i) notification that you are the Winning Buyer/Purchaser and of the $ amount of your winning entry; and
(ii) the item number and description.
c. We provide this notice out of courtesy and as a reminder to you. You may not receive this email, however, you are solely responsible for monitoring the status of any TVA Online sale in which you participate and non-receipt of a Winning Purchase (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the sale item.
d. When you place the winning entry on a TVA Online sale, we may charge the cost of your purchase and the cost of the applicable delivery fee, together with any other purchases you have made in accordance with clause 3.2.
e. If you are the Winning Purchaser for an item in an online sale, you must complete the transaction and purchase that item.
f. You acknowledge that:
(i) unless otherwise stated all prices are quoted in Australian dollars;
(ii) you must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.
4.3 Processing and technological errors
If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with TVA servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:
a. at any time (prior to or after the original time set for the conclusion of the online sale) extend an online sale for a period of time (determined at our discretion);
b. decide (prior to or after the original time set for conclusion of the online sale) to re-open an online sale for a period of time - to be determined at our discretion;
c. retract any Winning Purchaser's emails which may have been sent out to purchasers prior to or following (as the case may be) the conclusion of an online sale; and
d. amend at any time prior to or during an online sale, the "start price" allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
e. cancel that entire online sale / buy now transaction and conduct the sale again.
4.4 Time - online sales
When nominating to buy on a TVA Online sale, the time is approximately equal to Australian Eastern Standard Time (AEST or AEDT as applicable). There may on occasion be instances where time is slightly different to AEST or AEDST.
5. RETURNS
5.1 Return of goods - Online Sales
TVA provides an online platform for Vendors/Sellers to sell their assets/items in a fair manner. The assets/items on sale are the property of the Vendor/Seller and generally in their possession, not TVA. Any issues arising must be referred by TVA back to vendor/seller.
a. Generally goods bought through online sales may not be returned to us:
(i) if you change your mind; or
(ii) you have had the opportunity to inspect them before placing a nominated $ amount, as sales are made on an "as is, where is" basis.
b. Goods will only be returned, if we are responsible for delivery and they,
(i) the goods were damaged significantly other than that stated in the item description
c. If you wish to return an item, you must email us with full details of your purchase and the reason for return of the item within three days of the sale closing date. When we receive your email, we will assess your claim and may email you a returns advice form, which must be included with the returned item.
d. TVA reserves the right to refuse any claim for refund.
e. If TVA email you a returns advice form in accordance with sub-paragraph 5.1(c) and TVA do not receive a response from you or receive the returned item from you within 2 working days, you will be deemed to have waived any right that you may have had to return the item and will have no further right to return the item to TVA or claim a refund.
f. Goods must be returned in their original packaging and must not be tampered with or used in any way.
g. Within the first 5 working days of receipt by TVA of a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is found to be invalid), the item will be returned to you and you will be charged all freight charges incurred by TVA Online in relation to the return and re-return of the goods. TVA may charge your credit card with any moneys incurred by us as a result of this process. If we are unable to collect payment for the outstanding freight charges TVA reserve the right to resell the item on your behalf and deduct any outstanding charges prior to remitting you the balance
h. If, when TVA receives a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace your goods or refund your credit card for the Invoice Amount , or issue you with a direct deposit for the original Invoice Amount.
i. If an item is described in the catalogue description or product information on our TVA website as being in a faulty or damaged condition, you acknowledge that condition when choosing to buy that item, TVA accept no liability for, and will not entertain any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the item.
5.2 Returns of Goods - 'Buy Now' Sales
(i) if you change your mind; or
(ii) you have had the opportunity to inspect the item/s before buying in a sale, it is on the basis of "as is, where is" basis.
b. Goods will only be returned if TVA are responsible for delivery and they,
(i) were incorrectly described in the catalogue description (other than minor differences); or the goods were damaged significantly other than that stated in the item description
c. If you wish to return an item, you must email us with full details of your purchase and the reason for return of the item within 3 days of the sale closing date. When TVA receive your email, we will assess your claim and and may email you a returns advice form, which must be included with the returned item.
d. TVA reserves the right to refuse any claim for refund
e. If TVA email you a returns advice form in accordance with sub-paragraph 5.1(c) and TVA do not receive a response from you or receive the returned item from you within 2 working days, you will be deemed to have waived any right that you may have had to return the item and will have no further right to return the item to us, or claim a refund.
f. Goods must be returned in their original packaging and must not be tampered with or used in any way.
g. Within the first 5 working days of receipt by TVA of a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is found to be invalid), the item will be returned to you and you will be charged all freight charges incurred by TVA in relation to the return and re-return of the goods. TVA may charge your credit card with any moneys incurred by us as a result of this process. If we are unable to collect payment for the outstanding freight charges we reserve the right to resell the item on your behalf and deduct any outstanding charges prior to remitting you the balance
h. If, when TVA receives a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace your goods or refund your credit card for the Invoice Amount , or issue you with a direct deposit for the original Invoice Amount.
i. If an item or lot is described in the catalogue description or product information on our TVA website as being in a faulty or damaged condition, you acknowledge that condition when bidding for that lot or choosing to buy that item, TVA accept no liability for, and will not entertain any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the auction item or lot.
5.3 Reference to Retail Prices
a. In certain circumstances, an item for sale on the TVA website may display the manufacturer's original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the price supplied by the manufacturer, distributor or retailer of the item at the time of the item's original sale. That price may not be current as at the time of the sale. TVA takes no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
b. In certain circumstances, an item for sale on the website may include reference to the manufacturer's Recommended Retail Price (RRP). Usually if a RRP is included with a sale item, the RRP has been supplied by the vendor of the item and we assume the vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on the Site. We suggest users independently satisfy themselves as to the value of the item being sold.
c. The Comparable Retail Price (CRP) means the price at which in the judgment of our manufacturers or suppliers, is the comparable selling price in retail shops for the same or similar item. In some cases the CRP may be supplied by an importer of products who has not sold in the domestic market, and in these cases the CRP may be calculated using a foreign retail price (adjusted) as a guide. You may choose to us the CRP as a reference guide. We take no responsibility for the display of any CRP listed on the site, and we suggest users independently satisfy themselves as to the value of the item being sold.
5.4 Manufacturers liability
a. Subject to any rights you may have under any law, if an item is sold as a "Buy Now" Sale or by TVA Online Sale, and that item is sold with an accompanying manufacturer's warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer's warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer's warranty.
6. TVA RIGHTS
6.1 Suspension from use of service
a. TVA may refuse you the right to use the Service if you:
(i) do not pay for the item and/or refuse delivery of the item;
(ii) give information which is untrue, inaccurate or incomplete; or
(iii) have engaged in any form of price manipulation. In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
b. TVA may suspend, cancel or terminate your access to the Service if you breach or fail to observe the Users Agreement or for any other reason at our discretion. However, TVA will not exercise our discretion unreasonably.
c. If TVA suspend your access to the Service, you may not register again.
6.2 False or Misleading Conduct
a. It is illegal to use a false name to buy products with an invalid or stolen credit card or make an offer, even if our software initially accepts such an offer. We intend to refer fraudulent users to the police and to your Internet Service Provider.
b. You may be sued for any losses suffered by any person arising out of any price manipulation or illegal action.
c. If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to TVA under the Users Agreement, we may immediately institute proceedings against you for any amount owing to any person.
6.3 Tasmanian Valuers & Auctions Pty Ltd rights upon breach by you
TVA may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current TVA Online sales, and any other information you place on the TVA website) if you breach the Users Agreement or if TVA are unable to verify or authenticate any information you provide to TVA.
6.4 Rights of TVA Asset Management Service
a. TVA may withdraw and/or re-offer an item from sale on a TVA 'Online' sale or by "Buy Now" Sale if the item:
(i) becomes unavailable due to damage,
(ii) has uncertain ownership,
(iii) is withdrawn by the manufacturer, distributor or vendor,
(iv) has been erroneously listed twice,
(v) was incorrectly described, or
(vi) was incorrectly priced.
b. TVA may withdraw an item from sale or cancel a "Buy Now" Sale under sub clause 6.4 at any time, even if the sale has been completed and the item delivered to you. In those circumstances, we will refund any amount you have paid for the item.
c. TVA also reserve the right to change the:
(i) quantities of products posted,
(ii) maximum number of items which you may buy or place an offer on, or
(iii) incremental increase during a sale,
at any time. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
7. LIABILITY AND INDEMNITIES
7.1 TVA liability to you
a. In a TVA online sale we are not responsible for offers not received, processed or accepted due to technical difficulties, including those online maximum nominated $ offers placed. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a $ offer not received, processed or accepted due to technical difficulties.
b. TVA provides the site and the service without any express or implied warranty or condition concerning the site's capacity.
c. Neither TVA nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the service or the sale of any item.
d. TVA does not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control or during maintenance.
You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and "Buy Now" Sales or $ offers placed on TVA Online sales may not be processed or accepted.
e. TVA cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
f. TVA cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
7.2 Limitation of TVA liability to you
a. In relation to the items sold as "Buy Now" Sales or in a TVA Online sale, TVA will endeavour to:
(i) provide accurate descriptions to fairly reflect each item;
(ii) pass clear title of the items to you; and
(iii) ensure that each item listed on the site is available.
b. To the extent permitted by law, all expressed or implied conditions or warranties in connection with the Service, the Site and the sale of any items are excluded.
c. TVA does not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option:
(i) in the case of goods supplied to:
(A) the replacement of the goods,
(B) the supply of equivalent goods, or
(C) making a full refund to you
(ii) in the case of services supplied to:
(A) supply of the services again,
(B) payment of the costs of having the services supplied again, or
(C) making a full refund to you
7.3 Indemnities
a. You waive, release, discharge and relinquish any and all claims that you now have or may have against TVA, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
b. You agree to indemnify and defend TVA, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (Tasmanian Valuers & Auctions Pty Ltd indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Tasmanian Valuers & Auctions Pty Ltd indemnified parties arising out of or in connection with the performance of their obligations as described in the Tasmanian Valuers & Auctions Pty Ltd Users Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
c. You further agree to indemnify and hold TVA and the Tasmanian Valuers & Auctions Pty Ltd indemnified parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the TVA Users Agreement by you, or
d. the infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.
8. COLLECTION, DELIVERY, INSURANCE AND RISK
8.1 Collection and delivery
a. Details concerning collection and/or delivery of items following the conclusion of a "Buy Now" Sale or TVA Online sale are set out in the sale preview, catalogue page. Any collection times specified by TVA in the sale preview or catalogue page. or otherwise are estimates only and TVA will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.
c. Unless outlined in the sale preview or catalogue page, delivery of bulky goods (for example large TVs, furniture, and whitegoods) assumes ground floor front door delivery.
d. Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
(i) any law relating to occupational health and safety;
(ii) any directions or warning we have given about goods or their location in the sale preview or catalogue page and
(iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location;
e. You acknowledge that you inspect or remove goods at any location at your own risk.
f. If we are unable to deliver an item or you don't collect it within 7 days of a sale TVA Online may charge you a storage fee in accordance with our usual rates.
g. If an item remains unclaimed after 30 days from the date of sale the item is deemed abandoned and TVA may discard or re-sell the item(s) with any proceeds retained as penalty and storage charges
8.2 Risk and title
a. If the item is to be delivered by TVA to a place nominated by you, the risk in it will pass to you:
(i) when it is delivered; or
(ii) if TVA are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when TVA or our carrier first attempt to deliver the item.
b. All items to be delivered must be delivered to a specified premises and receipt must be acknowledged by signature. After you provide delivery location details, you must not,
(i) contact any carrier TVA use directly and authorise them to deliver the items to another address,
(ii) arrange for collection from the carrier directly.
If you contravene this clause you will waive any right you may have had to personal delivery, and you will be deemed to have accepted all responsibility for any loss of or damage caused to the items, and you release TVA from any liability for any loss or damage caused as a result.
c. Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If title has passed, that will not affect TVA rights to terminate a sale under clause 6.4.
d. If the item is withheld by us in accordance with the Users Agreement, risk in the item will pass to you at such time as you would have been able to collect the item had TVA not been holding it.
e. You cannot change or request to change your delivery address details after a "Buy Now" Sale or TVA Online Sale has closed. TVA has no responsibility if an item is not delivered where you change your delivery address details in those circumstances.
9. PRIVACY
a. Our Privacy Statement (as it appears from time to time) is available on the website. TVA will take all reasonable steps to abide by this policy and all users of the site agree to with the policy when using this Site.
b. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the site.
c. By registering with the service and accepting the Users Agreement, you also consent to:
(i) Collection of a variety of personal information which is specified in greater detail in the
Privacy Statement. This information includes your address, gender, and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Site generally.
(ii) Use of your personal information for certain purposes specified in greater detail in the
Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of TVA website to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site.
(iii) TVA may disclose your information in the circumstances specified in the Privacy Statement.
10. GOVERNING LAW
This Users Agreement is governed by and will be construed according to the laws of Australia. TVA and you are subject to the jurisdiction of the courts of Australia and in general Tasmania.
11. GST
a. The sale preview, catalogue page will state whether the sale price of an item is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
b. You acknowledge and agree that:
(i) if the sale price is GST Inclusive, any Buyer's Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price; or
(ii) if the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and in the case of an online sale the Buyer's Premium exclusive of GST will be calculated on the sale price and payable by you at the same time as the sale price.
12. DEFINITIONS AND INTERPRETATION
a. Autobid means the process by which you elect and submit a maximum $ amount as an under bidder and the TVA online sale system will automatically increase your existing $ amount by the nominated increments against another bidder up to your maximum $ amount. In the event you register your maximum $ amount when you are the winning bidder, then the amount will jump to your highest $ offer. Note: If you place an auto bid, do not manually enter $ amounts as you only serve to bid against yourself.
b. Buyers Premium means that percentage of the Winner's Buyer Amount as identified on the sale preview and catalogue page and payable by the winning purchaser at the close of a sale. The Buyer's Premium is payable in addition to and at the same time as the Winner's Buyer Amount, and will form part of the total Invoice Amount to be paid by the winning purchaser for the purchase of the sale item. The Buyers Premium may be GST inclusive or exclusive, and will be clearly marked which one in the sale preview and catalogue page.
c. Consumer Sale means a "Buy Now" Sale where clause 7.2(b) applies. That is, sales to consumers where implied conditions cannot be excluded by law.
d. Invoice Amount has the meaning given to it in clause 3.2 of the Users Agreement for online sales. For "Buy Now" Sales it means the purchase price together with any other applicable charges, for example delivery charges.
e. Catalogue Page means the page that contains the special terms and conditions and attaching to a particular good for sale by "Buy Now" Sale.
f. Item Description means the description of a product contained within the sale catalogue and identified with its individual item number.
g. Catalogue page means the page that contains the special terms and attaching to a particular item for sale.
h. Privacy Statement means that statement contained in the Privacy & Security Section of the Site.
i. Product Information means any information posted by TVA on the site in relation to any item posted by us for sale on the site.
j. 'Bonus Time' Period means the nominated closing time will be extended until active bidding stops. Commonly referred too as 'final bidding stage', whereby the timer resets or extends every time there is a new bid and will continue until bidding ceases.
k. Returns Policy means that policy contained in the Returns Policy section.
l. Sale preview means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the online sale portal for that particular good, and prior to accessing the catalogue and item view details.
m. Service means the TVA Online Sale and "Buy Now" Sale service governed by the Users Agreement and any other conditions contained on the Site.
n. "Buy Now" Sale means a sale of anything located in the ""Buy Now"" section of the Site.
o. "Buy Now" Price Amount means the price payable for an item sold by a "Buy Now" Sale.
p. Site means the TVA, Tasmanian Valuers & Auctions website.
q. Users Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
r. us/we means TVA - Tasmanian Valuers & Auctions Pty Ltd, ABN: 71096841271 2 Speedway Drive Latrobe TAS 7307 - Refer to 'About TVA' for any further details.
s. Winners Buyer Amount means:
(i) the amount of the highest $ offer,
(ii) where two or more offers are for the same price, the $ amount that was placed first by a purchasing client.
t. Winning Buyer means that purchasing client who placed the highest $ offer at the conclusion of the TVA Online Sale, allowing for any Precedence rules.