Terms & Conditions
Welcome to SoldOnline. This Website is provided to You on the following Terms. Please read our Terms carefully.
You are deemed to have read and agreed to these Terms if you proceed to access and use this Website.
In these terms and conditions, except to the extent expressly provided otherwise:
"SoldOnline" means SoldOnline Pty Ltd and any related bodies corporate;
"Terms" means these Terms and Conditions of use;
"We/Us" means SoldOnline and the owner of the Website;
"Website" means www.soldonline.com.au and includes but is not limited to any sub-domains, mobile sites, apps and our online auction property listing service;
"You/Your" means the viewer of the Website and/or the owner of the IP address accessing the Website.
- These Terms may be updated by SoldOnline from time to time without notice to You. You should therefore review these Terms regularly.
- Any changes to the Terms will be retrospective and effective as and when they are live.
- These Terms are binding between You and SoldOnline.
3. The Content
By accessing this Website, you agree:
- While information provided through this service is believed to be correct at the time of inclusion, this service and its contents are provided to You on an "as is" and "as available" basis.
- The information on this Website is liable to change and although we attempt to ensure that the content is current we do not guarantee its currency.
- that we make no warranties or representations, express or implied, in relation to this Website or its contents;
- Any and all content contained on the Website is owned, controlled or licensed by or to SoldOnline and is protected by intellectual property rights;
- that We reserve the right, but are not obligated, to discontinue, change, improve or correct the information on this Website and to suspend or deny access to this Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
4. Your Acknowledgement
4.1 You agree and acknowledge that You will not:
- store, reproduce, modify, transmit, display, perform, distribute, communicate to the public or otherwise make available this service or any of its content in any form for any purpose other than as allowed by these Terms;
- Attempt to gain unauthorised access to this Website or computer systems or networks connected to this Website by any means used to circumvent security procedure, including but not limited to by hacking or password or data mining;
- Use any robot, spider, scraper or other automated means to access this Website for any purpose without our express written permission;
- use this website in any manner that could damage, disable, overburden or impair it or any service we provide or interfere with any other party’s use and enjoyment of this Website;
- interfere with or disrupt the operation of this Website or its contents;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from this Website without Our prior written permission and the appropriate third party (if applicable);
- not use the Website or any content from the Website in any manner which is, in SoldOnline’s sole discretion, not reasonable and/or not for the purpose for which it is made available.
4.2 You agree and acknowledge that:
- We make no representation as to the ownership or title in auctioned properties or as to the ability of the vendor to complete the transaction;
- we do not transfer legal ownership from vendor to purchaser; and
- if you wish to participate in our online auction property listing service you will complete an application for registration as an online bidder with the listed agent and consent to be bound by the registered user terms and conditions.
5. Intellectual Property
5.1 This Website and its contents are protected by copyright and other intellectual property rights which are and will at all times remain owned, controlled or licensed by or to Us and You are not entitled to exercise or benefit from such rights.
5.2 We permit You to print or download extracts from this Website for your personal use only. None of this material may be used for any commercial or public use, stored in or transmitted to any other Website or distributed in any form without our prior permission.
We offer no warranties in relation to the properties sold or listed pursuant to the auction process. We do not warrant the truth or accuracy of listings and we have no control over representations made by the vendor or its agent.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website up to date.
We cannot guarantee continuous or secure access to our services (including but not limited to our online auction services) and the operation of this website may be interfered with by numerous factors outside our control.
No data transmission over the Internet can be guaranteed as totally secure. Whilst we will use best endeavours to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Despite this, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or liability under, any such condition or warranty but allows limitation, that condition or warranty is limited to supplying the service again.
7. Limitation of Liability
Under no circumstances are we liable for special, indirect or consequential loss or damage of any kind including but not limited to any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable, which you may directly or indirectly suffer, including but not limited to in connection with:
- your use of this website;
- your use of or reliance on the information contained on or accessed through this website, including but not limited to in relation to its accuracy, adequacy and currency;
- a bid not being processed due to technical difficulties affecting our system;
- any property supplied pursuant to an online auction offered over this website;
- a failure or omission on the part of the other party to a transaction to complete the sale;
- the failure of transmissions or a break in services during an auction; or
- the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.
Responsibility for the content of any advertisements appearing on this website (including but not limited to hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertiser's products and each advertiser is solely responsible for any representations made in connection with its advertisement.
The position any advertisements take within the body of this website will be at the sole discretion of the websites proprietors.
You release and indemnify us against all actions, claims, demands (including but not limited to the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of the sale.
You also release and indemnify us against all actions, claims and demands (including but not limited to the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.
If we waive any rights available to us under these terms and conditions on one or more occasions, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, despite this the remaining terms and conditions will continue in full force.
If you provide us with personally identifiable information, you may receive from time to time, telephone calls, emails including our email newsletters or direct marketing containing promotional material.
You agree to receiving emails and SMS from us including information not only on the areas of interest you have indicated but all types of news and information on our other services and products. If you do not want to receive them, please contact us. You may be asked to indicate your preference to receiving promotional material, when submitting information to us.
This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated by us to the contrary.
These terms and conditions are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia.
In some cases, the laws of your location may apply to your online dealings with us and you may have additional legal rights.