violate any laws, third party rights, or our policies
use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
fail to deliver payment for items purchased by you
manipulate the price of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information) ;
transfer your user account and User ID to another party without our consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Online Auction, or the interests or property of the Online Auction or its' users;
copy, modify, or distribute content from the the Online Auction or violate copyrights and trademarks;
harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing the Online Auction.
Fees and Services
Access and Interference
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of PropertyBid and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;
or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
Resolution of Disputes
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Province of Ontario as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PropertyBid must be resolved by a court located in Toronto, Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Toronto, Canada for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against PropertyBid must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, PropertyBid may recover attorneys' fees and costs up to $10,000USD, provided that PropertyBid has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Eligible bidder must be age of legal majority in the country from which they are bidding.
This auction is being conducted on behalf of and at the direction of other parties. All parties involved are not responsible or liable for any errors, omissions or for any warranties or guarantees or for the fitness of use of a particular item either explicit or implied herein.
Your bid is a binding legal agreement that you will honor if you are the successful winning bidder. The winning bid includes any buyers premium or 'Fee's' as stated on the auction.
All bids are legally binding and enforced. Even if you are not the high bidder at the end of the auction your bid is still considered to be a legally binding purchase agreement at the highest registered bid amount placed by your account on the Site. In the rare event where the winning bidder defaults on payment, the second highest bidder will become legally bound to complete the transaction at their highest registered bid amount and will be notified within five 25 hours after the close of the auction to complete the transaction. Placing a bid and being outbid does not release you from your obligation or liability to complete the sale of this item. In the event where you are provided a second chance offer, whether you accept it or not you will be required to complete the transaction only at the highest bid amount placed by you. This applies to all subsequent bidders thereafter. In no way does this remove any liability from the highest bidder. The seller will pursue compensation for any loss or damages as a result of any bidding activity deemed to be fraudulent in nature or that causes damage(s) and harm to the auction to the fullest extent as permissible by law. Please note that actions such as, but not limited to; placing a high bid in error to uncover a reserve price, retracting a bid at any point during the auction, retracting a bid in the last 24 hours of the auction, placing a bid and retracting it in error without placing a follow-up bid, failing to pay for the item within the time specified, non payment of an auction item or any other type of activity that may disrupted or cause harm to the auction process will create a situation where the auction can not run properly and will cause great harm and damage to the auction process. This will cause the Site, Clients and Auction Provider to incur significant costs, losses, damages and expenses. The minimum cost the Auction Provider will incur from such actions is at least $14,000.00 CAD ('Stated Costs'). This cost represents the sellers marketing and expenses. Your actions may bring additional costs and or damages against the Seller which we will hold you liable for including but not limited to the cost of recovery, re-listing, re-marketing and or legal fees.
In the event where you place a bid you acknowledge and understand the you will be held liable for all costs and damages associated with cancelling a bid or non-payment and be liable to the Seller for the amount specified in Sec.8 for Stated Costs. The Seller may take additional legal action against you for fraudulent bidding activity to recover the entire final bid price in addition to cost associated with damages caused by fraudulent bidding which includes but is not limited to; administrative fees, legal fees and recovery costs. The Seller and the Auction Provider may provide all information to local authorities, credit bureaus and other reporting and collection agencies. The Seller and the Auction Provider and its partners reserve the right to seek remedies and damages to the fullest extent permitted by law against non paying bidders or any individual who compromises the integrity and good will of this auction event by placing fraudulent bids or any type of activity that may be viewed to be harmful and detrimental to the outcome of this auction.
The details listed on the auction pages are the final detail about the item you are purchasing. Our customer service team may assist with providing you answers or additional details about an auction item or package. This information is non binding and should not be relied upon. Any information provided through email or phone support is purely general information and no change to the auction item is implied. Customer service & management does not have the authorization to modify or change the terms and conditions of any auction item unless it is specified on the auction listing page and as such all items are sold 'as is' and 'where as'. All sales are final with no buy back or refunds.
Please note that shill bidding is neither allowed nor tolerated. This practice is illegal and carries legal consequences in many areas. Shill bidding is the deliberate placing of bids to artificially raise the price of an item and is not allowed. We track and monitor all bidding activity and you agree to allow us to use the information you have provided us and that we collect to persecute you for any action that is damaging to the Site, the auction or it's Seller or Auction Provider.
PropertyBid reserves the right to block a bidder or cancel any bid at any time for any reason including but not limited to, feedback, non-paying bidder status, bid retractions, recent bid history or other security reasns which in our own opinion we feel may be justified for removing or cancelling your big . Furthermore if in the Sellers sole discretion, it determines that for any reason the auction is not capable of running as originally planned or the integrity of the auction has been compromised for any reason, Seller may cancel the auction without notice and without any compensation to current or high bidders.
All items are sold on an 'as is' and 'where as' basis without any warranties, modifications, changes or refunds. This auction does not include any item or services that are not detailed in the auction page. PropertyBid will not be liable to any party or nonparty for any act or failure to act on its part in connection with its performance under this agreement. Where there is an error in the listing, communication of a winning bid or other action caused in error the maximum liability PropertyBid shall have to you is to refund you the monies paid upon return of the items if applicable.
The final outcome of the auction is determined by the PropertyBid . All bids placed are considered contractual obligations. Modifications such as additions or cancellations to the auction may be made at anytime and the Seller is not responsible for any changes or modifications. In the event of an error or technical 'glitch' our maximum liability to you as a bidder is to refund any monies that we have collect from you. You agree to fully indemnify and hold harmless all parties for any losses you incur as a result of a system glitch, notification error, or any other issue that may arise that may cause you to incur any form of loss or risk from your participation, purchase or actions with our Site. Please note that some auctions may have a bid extention feature and as such the end time may be adjusted in the final minutes of the auction to allow all bidders fair and equal access to the auction and to avoid bid snipping (placing a bid in the last section of the auction).
The contents and composition including layout, look and feel and coding on this page or any auction listing page, About Me Page, disclaimers, Frequently Asked Questions (FAQ's) in whatever form or manner either graphic, text, or digital format or presentation of any language either actual or digital are the property of the Seller and/or Auction Provider or the other copyright holders represented hereon and may not be copied, reproduced, duplicated, paraphrased, in whole or part for any purpose or reason whatsoever whether online or in a physical manner including storage to a computer system or storage device of any kind for republication or dissemination without the express written consent of the Seller. To violate this copyright protection is illegal and we will pursue such violations vigorously.