Cordell Information Terms and Conditions of Use
Terms and Conditions of Use
The following terms and conditions of use ('Terms and Conditions') govern access to and use of the website located at www.cordell.com.au ('Site'). The Site includes all content, materials and services available on it from time to time and these Terms and Conditions apply to persons who access and or use the Site at any time.
The Site is provided by Cordell Information Pty Ltd ABN 95 159 137 274 ("CI" "Us" or "We").
BY ACCESSING AND OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR ACCESS TO AND USE OF THE SITE. If you do not agree to these Terms and Conditions, DO NOT access or otherwise use the Site.
1. SYSTEM INTEGRITY
1.1 Obligation to Maintain System Integrity
a. You must not, by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the Website or any online auction being conducted on the Website.
b. You must not disclose or share any confidential information, including your password to or with any third parties or use any such information for any unauthorised purpose.
c. You are solely responsible for your transmissions through the Service.
d. You must be open and honest in all your communications through the Service.
e. You must not use the Service for illegal purposes.
f. You must comply with all laws, regulations, policies and procedures in relation to your use of the Service.
g. We reserve the right to determine whether or not you are in default of the Agreement and may, in our sole discretion, immediately terminate your Account and use of the Service we believe that you are in default of the Agreement.
h. We agree to always act reasonably when exercising our right to terminate your Account in relation to the Service.
2.1 Registering for Use
a. Only registered users are entitled to use the Service. You must register to receive an Account and may then use the Service. By registering you agree to this Agreement.
b. You must be open and honest when registering your details and obtaining an Account.
c. It is your obligation to update your details on your Account.
d. 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, accurate and current information.
e. Upon registering your Account you will receive a user name and password. You will then be able to bid on items on the Website.
f. You are responsible for the security of your user name and password and Account.
g. We will assume that anyone using your user name and password is authorised by you.
h. You will always be liable for any transactions entered into using your Account. Under no circumstances will we reduce your liability in relation to transactions made through your Account.
i. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
j. We will contact you by email for the following purposes:
(i) the status of an online auction in which you are participating;
(ii) sales confirmation for “Offline” 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; and
(vi) requests to participate in customer feedback.
k. We accept no liability for any loss or damage incurred if, for whatever reason, you do not receive notifications such as those outlined above.
l. When you register your Account you will provide us with personal date, which we will use in accordance with our Privacy Statement.
m. We will not sell your personal information to other mailing lists.
n. We will only close your account if you have all paid everything you owe us.
2.2 Eligibility to Participate
a. You must be able to enter a legally binding contract for you to be able to register an Account and use the Service.
b. You must not register an Account or use the Service if you are under 18 years of age, an undischarged bankrupt, or, in the case of a company, if you are under any type of insolvency administration.
c. You indemnify us against any liability, damage, loss or claims resulting from any breach of these terms.
2.3 Registration Process
a. In order to be eligible to purchase goods using the Service, you must provide details of an acceptable credit card with which you will make payments.
b. These transactions will appear in your credit card statement. By registering, you irrevocably authorise us 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 bid online or buy products.
b. You are solely responsible for Your Information and we may assume that Your Information is being validly used and is correct.
c. We may deal with Your Information if, in our absolute discretion, it is necessary.
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 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 Agreement.
3. OUR RIGHTS
3.1 Suspension From Use of Service
a. We 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 bid manipulation.
b. If we believe that you have engaged in bid manipulation you will be permanently suspended from the Service and any associated accounts and services.
c. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the Agreement or for any other reason at our discretion.
d. If we suspend your access to the Service, you may not register again.
3.2 False or Misleading Conduct
a. You must not use a false name to buy items or make bids with an invalid or stolen credit card, even if our software initially accepts such a bid.
b. We refer fraudulent users to the police and to your internet service provider.
c. You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
d. If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us under the Agreement, we may immediately institute proceedings against you for any amount owing to any person.
3.3 Our Rights Upon Breach by You
a. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account if you breach the Agreement or if we are unable to verify or authenticate any information you provide to us.
4. LIABILITY AND INDEMNITIES
4.1 Our Liability to You
a. We are not responsible for purchases not received, processed or accepted due to technical difficulties whatsoever.
b. We are not responsible for any loss, liability or damage incurred by you as a result of a purchase not received, processed or accepted due to technical difficulties whatsoever.
c. We provide the Website and the Service without any express or implied warranty or condition concerning the Website’s capacity.
d. We are not 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 good.
e. We do not guarantee continuous, uninterrupted or secure access to the Service.
f. You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the Service may at times not be available.
g. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Website.
h. We 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.
a. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, 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 us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“the Indemnified Parties”) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the 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 us, and the 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 Agreement by you, or 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.
5. COLLECTION DELIVERY, INSURANCE AND RISK
5.1 Collection and Delivery
a. Details concerning collection and/or delivery of items following the conclusion of a sale are set out in the Sale Overview, Lot or Item Page.
b. We may withhold delivery of any item until you have paid everything owing to us.
c. Any collection times specified by us in the Sale Overview, Lot or Item Page or otherwise are estimates only and we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.
d. The delivery of bulky goods will always be ground floor front door delivery unless otherwise specifically specified.
e. When visiting a place to inspect items you must always 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 Overview, Lot or Lot Page; and
(iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location;
f. You acknowledge that you inspect or remove goods at any location at your own risk.
g. If we are unable to deliver an item to you or you do not collect it within 7 days of a sale we may charge you a reasonable storage fee.
5.2 Risk and Title
a. Risk and title in items bought using the Service will pass to you only if all monies owed to us have been paid and:
(i) when the item reaches the delivery point nominated by you; or
(ii) when you pick the item up; or
(iii) if we are unable to deliver the item to the place nominated by you for any reason, when we 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.
c. After you provide delivery location details, you must not,
(i) contact any carrier we use directly and authorise them to deliver the items to another address, or
(ii) arrange for collection from the carrier directly.
d. A breach of Clause 8.2(c) will result in you waiving 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 us from any liability for any loss or damage caused as a result.
e. If title has passed, that will not affect our rights to terminate a sale under Clause 6.4.
f. If the item is withheld by us in accordance with the Agreement, risk in the item will pass to you at such time as you would have been able to collect the item had we not been holding it.
g. You cannot change or request to change your delivery address details after an item has been purchased. We have no responsibility if an item is not delivered where you change your delivery address details in those circumstances.
a. Our Privacy Statement (as it appears from time to time) is available on the Website.
b. We will take all reasonable steps to abide by this policy and all users of the Website agree to with the policy when using this Website.
c. 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 Website.
d. By registering with the Service and accepting the Agreement, you also consent to:
(i) the collection of a variety of personal information which is specified in greater detail in the Privacy Statement, including your address, gender, date of birth, contact details; credit card details, bidding and buying activities; and your use of our Website generally;
(ii) the use of your personal information for certain purposes specified in greater detail in the Privacy Statement, including internal use for improving the Service, meeting our obligations under State and Federal laws, statistical analysis of usage of our Website to improve the Service, to utilise our content and product offerings and deliver promotional material to you and administrative purposes connected with the Website.
e. We may disclose your information in the circumstances specified in the Privacy Statement.
Cordell Information Pty Ltd. A division of Reed Elsevier PLC ABN 95 159 137 274
RELX Group and the RE symbol are trademarks of Reed Elsevier Properties SA, used under license.
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Level 10, 10 Help Street
Chatswood, NSW, 2067