Welcome! Boat reverse auctions is part of the Australian Boating Industries supplying the marine industry with marine products, service and support. These terms and conditions set out the rules of our service and are applicable to your participation in an Auction.
You should ensure that you read these terms and conditions carefully. Your use of our service and participation in the Auction constitutes your acceptance of these terms and conditions.
We provide a reverse auction service through our online website www.boatreverseauctions.com.au (Website). After proper registration and purchasing eTokens you will be permitted to bid in an auction subject to your acceptance of these terms and conditions.
We reserve the right to change these Terms and Conditions from time to time. We recommend you review these periodically to check for any changes.
All monetary amounts referred to on our websites are in Australian Dollars ($AUD).
Definition of Terms
1. Member means a Bidder who has registered for the Auctions Membership services and pays for bids on a EToken basis deducted from their EToken Bank.
2. The Service is access to bid as a Member in an Auction.
3. Your Membership is for your access to Our Website and use of Our Services and is used to bill the Member for their Bids.
4. EToken Fee means the fee charged to the Bidder. This fee covers the administrative cost of sending update replies to the Bidder each time the status of the Bid changes, and the cost of operating the Auction.
5. Auction Period means such a period as We stipulate but may be revoked at any time by notice from Us.
6. Auction means an online auction promoted by Us and conducted via Our Website.
7. Bid means the offer by the Bidder to purchase a specified Property at a stipulated price.
8. Bidder means the person who participates in an Auction by placing a Bid.
9. An EToken Bank is the Members transaction credit account which holds a transaction history and balance of eTokens.
10. Cash Amount means an amount equivalent to 80% of the market value of the Property as advertised on Our Website.
11. Foreign Person or Foreign Persons means a Member who is not ordinarily resident in Australia and does not satisfy the foreign investment requirement necessary to acquire an interest in a Property where the Property comprises urban land under the Foreign Acquisitions and Takeovers Act 1975.
12. Our, We or Us means Australian Boating Industries, or our authorised representatives, or agencies associated with the Auction.
13. Lowest Unique Bid means the lowest whole number Bid for a Property that is closest to AU$0.01 (Australian currency one cent) that has not been selected by any other Bidder. Zero or negative amounts are not allowed.
14. Personal Information has the same meaning as under the Privacy Act 1988.
15. Promoter means Australian Boating Industries, ABN:64 902 634 774, PO Box 733 Hornsby New South Wales, 2077. +61-2-9482 8788
16. Property means any property, product or service from time to time stipulated by Us to be auctioned by Us via an Auction or in the case of a Foreign Person, the Cash Amount.
17. Successful Bidder means the Bidder who has submitted the Lowest Unique Bid at the close of an Auction.
18. These Terms and Conditions form an agreement between the Member and Us.
19. Website means www.boatreverseauctions.com.au
20. You or Your means any Member or Bidder.
Joining the Service
21. To join the Service, The Member must Register to the Service via the Registration Form on the Website.
22. The Service is offered to all people (including Foreign Persons) over the age of 18 except Victorian residents.
23. You must provide all equipment and software necessary to connect to the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Our operations.
24. Any equipment or software causing interference shall be immediately disconnected from the Service and We shall have the right to immediately terminate this Agreement.
25. The contract for the ongoing Membership Service between you and Us begins when We, upon your request, provide you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that We deem sufficient for your identification).
About Your Membership
26. Access to the Service is provided by enabling you to Bid in an Auction by delivering a Username and Password to your email address.
27. Your Membership remains in effect until terminated and/or cancelled by you or Us.
28. Your Membership begins when We accept your application to subscribe to the Service.
29. You may not assign or transfer in any other way your Membership.
30. We shall have the right to assign Our rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these Terms and Conditions.
31. How it Works
Acceptance of Terms and Conditions
i. By entering any Bid in the Auction, Bidders confirm they have read and understood these conditions of entry and are deemed to have accepted them on placing a Bid, regardless of whether the Bid is a valid Bid.
ii. Bidding is open to all people (including Foreign Persons) over the age of 18 except Victorian residents.
iii. The Auction opening and closing date and time is defined by Us and is available on Our Website.
Restrictions on Bidding
iv. Our employees, their immediate families, the Promoter’s employees and their immediate families are not permitted to bid.
v. The maximum number of Bids each Bidder can make in an Auction may be capped at the Promoters discretion.
vi. Bidders must participate fairly and honestly in the Auction. A Bidder must not in any circumstances disclose details of their Bid to any other person before the close of the Auction. In particular, a Bidder must not collude or enter into any arrangement of any sort with any other Bidder(s).
vii. All Bids must be submitted by an individual and must not be computer generated. Any computer generated Bid will not constitute a valid Bid.
How to Make a Bid
viii. Members can place a Bid for a Property via Our Website and must submit their Bid in whole cents using the Standard or Gold bidding option. The Bid must not be in negative figures but must not be more than $5,000.
ix. All Bids are sealed so that Bidders do not know what Bids have been offered by other Bidders until the end of the auction.
x. All Bids are to be in Australian cents and include GST. For each Bid placed a specified EToken Fee will be deducted from the Members EToken Bank. The amount of the EToken Fee charged per Bid is stipulated by Us and may be changed from time to time.
xi. Once a Bid has been submitted, consumers will receive a Bid status reply message, notifying them that:
1. their Bid is currently the lowest unique Bid;
2. their Bid is currently unique but not the lowest Unique Bid;
3. their Bid is not unique;
4. their Bid is invalid; or
5. they have reached the maximum number of allowable bids for the Auction.
xii. Bidders will be sent notification via Email throughout the course of the Auction if the Bid status changes from one of these categories to another.
xiii. All Bids are processed in the order that they are received into the database. No responsibility is accepted for any late, delayed or misdirected Bids as a result of technical disruptions or for any other reason.
xiv. All Bidders acknowledge that once a Bid has been submitted, We will deduct the Administration Fee from the Bidder’s EToken Bank.
Offer and Acceptance
xv. By placing a Bid in the Auction, the Bidder is offering to buy the Property auctioned during that Auction Period. If this offer is accepted by Us, this creates a legally binding contract for the Successful Bidder to purchase the Property from Us. This contract is deemed to include the standard terms and conditions of the suppliers of the Property that the consumer has offered to buy to the extent that, despite any other provision:
xvi. Ownership and title in the Property does not pass to the Successful Bidder until We receive full and clear payment for the Property and risk in the Property passes upon successful transfer of the Property to the Successful Bidder;
xvii. Clauses 31(xv) and 31(xvi) do not apply to Foreign Persons. By placing a Bid in the Auction, a Foreign Person who is a Bidder is offering to buy the Cash Amount. If this offer is accepted by Us, this creates a legally binding contract of the Successful Bidder to purchase the Cash Amount from Us at the Lowest Unique Bid by the Successful Bidder.
xviii. All terms, conditions and warranties other than those expressly included in these terms and conditions are excluded, except to the extent that to exclude a provision is not permitted by law.
Conclusion of Auction
xix. Prior to the conclusion of the Auction We may send you a notification message via Email informing you that the Auction is about to close.
xx. Upon conclusion of the Auction We may send you a notification message via Email informing you of the value of the winning bid and notifying you of the new Property on offer if a new Auction Period has commenced.
Managing Your Bids and EToken Bank
32. Unused ETokens will remain in your account until used or until the termination of your Membership.
33. If the total Administration Fee exceeds the amount of credit in your EToken Bank, you must deposit sufficient ETokens to your EToken Bank prior to making a bid.
34. EToken Bank Credit can only be used to Bid on Auctions offered by Us.
1. If you have allocated a re-charge package then your chosen account will be re-charged when your EToken Bank goes down to 10 ETokens.
2. If there are insufficient funds to purchase ETokens or recharge your EToken Bank then a dishonour fee of $20.00 must be paid by the Member.
Payment of the EToken Fee
35. The Member warrants that he/she is the owner of the credit/EFTPOS card and is authorised to make use of it for the purposes of purchasing ETokens for participating in the Service and an Auction.
36. We use one or more third-party payment service providers for the acceptance of payments to credit Your EToken Bank. While we have endeavoured to ensure that due care is exercised in handling credit/EFTPOS card information, including the use of 128bit Secure Sockets Lawyer (SSL) or higher for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password and firewall access controls to this information, we will not be liable for any compromise or misuse of this information.
Disqualification
37. The Promoter reserves the right to verify the validity of Bids and to disqualify any Bidder who tampers with the Bid process or who places a Bid that is not in accordance with these terms and conditions. The Successful Bidder must provide proof of identity and proof of residency before the Property will be transferred. Acceptance of alternate identification as verification is at the complete discretion of the Promoter.
Determination of Successful Bidder
38. The consumer who has placed the Lowest Unique Bid will be deemed the Successful Bidder for the Property on offer for that Auction. The Lowest Unique Bid is the lowest value offered (in whole cents) for the Property, which has not been offered by any other Bidder for that Property. If there is no lowest unique Bid, the Successful Bidder is determined by the lowest Bid amount with exactly two Bids. The first Bidder to have placed the Bid is determined the winner. If this does not produce a winner (if there is no Low Unique Bid with exactly two Bids the same) the process keeps repeating for the lowest Bid amount with exactly three Bids. This will continue until a Successful Bidder is determined.
39. The Successful Bidder of a Property will be notified at the end of the Auction Period by telephone, to arrange payment for the Property. The Successful Bidder will be required to pay for the Property, at the price (being the successful Bid rounded up to the nearest whole legal tender cent) placed by the person, within 20 business days of being notified of the Bid’s success.
40. Payment will be accepted by direct bank deposit, bank cheque or money order. If payment is not received within 20 business days of the Successful Bidder being notified of the Bid’s success, the Bidder will be deemed to have revoked the offer and will no longer be able to purchase the Property.
Leaving the Service and Termination of Membership
41. You can leave the service at any time by:
i. Calling +61-2-9482 8788; or
ii. Sending an email to info@boatreverseauctions.com.au
42. The termination shall become effective within 48 hours of the request
43. Any unused credits will automatically expire at the termination of your Membership.
Refund and Termination of Bids
44. The Promoter reserves the right to cancel any Bid without making a refund of the applicable ETokens under any one or more of the following circumstances:
i. The Bidder provides any false, misleading or invalid information of any kind when registering or purchasing Credit or when placing a bid;
ii. A fraudulent credit card is used to purchase Credit to pay for the relevant Administrative Fee(s);
iii. The bank or other credit institution reverses the credit card transaction for the purchase of ETokens;
iv. A Bidder co-operates in any way with another Bidder when placing a Bid;
v. Any other breach of these terms; and
vi. The Bidder exceeds or attempts to exceed their bid limit for a particular Auction Period in breach of the terms and conditions.
45. The Promoter reserves the right to cancel any Bid and offer a refund of the applicable ETokens in Credits to your EToken Bank if a Bid is placed with Credits for payment of the Administrative Fee and the Promoter receives this Bid after the close of the Auction. The Promoter will not make any cash refunds under any circumstances.
46. The Promoter reserves the right in its absolute discretion to cancel, withdraw, reject, suspend or bar a Bidder and their Bid at any stage during the Auction Period.
47. If for any reason the Auction is not capable of running as planned due to any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes), including anything which may corrupt the integrity or proper conduct of the Auction We reserve the right to cancel, terminate, modify or suspend the auction.
48. In the event of war, terrorism, state of emergency, disaster or (without limitation) any other event outside Our reasonable control, We are entitled to cancel, terminate, modify or suspend the auction.
Security of Your Account and Personal Information
49. You are fully responsible for all activities that occur under your password or account or through your Membership. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any property made available through the Service.
50. You agree to notify Us immediately in the case you become aware of or suspect unauthorised use of your password or account or Membership or any other breach of security, and to ensure that you log out of your account at the end of each session.
51. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.
52. Upon your request, We may register you as a user and provide you with access to the Service by allocating you a personal username and password. You are solely responsible for maintaining the confidentiality of any password and account.
53. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to:
i. Provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"); and
ii. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Collection of Personal Information
54. As a result of Bidding in the Auction, the Promoter will collect certain Personal Information about you (such as your telephone number) on Our behalf. We collect Personal Information to assist us in providing the services you have requested, to process your entries, and to improve our services. We (or any of our related companies) or the Promoter may be in touch with you by any means (including email or SMS) to let you know about property, services or promotions which may be of interest to you. We may also share your information with other entities or persons who assist us in providing Our services, running competitions or with other companies who provide prizes for competitions.
55. The collection, use and disclosure of Personal Information provided in connection with the Auction is governed by the Privacy Policy clauses in these Terms and Conditions.
56. As a condition of entry, Successful Bidders agree to provide information and a photograph of themselves for publicity purposes which We may use at our absolute discretion.
Privacy Policy
57. The promoter acknowledges its statutory duties under the Privacy Act 1988.
58. The Promoter will not disclose Personal Information about you except on a confidential basis to agents that we use in the ordinary operation of our business unless otherwise provided for in these terms and conditions.
59. At any time you may opt out of receiving any communications from us (other than as required for the operation of our business, e.g. regarding payment of your account).
60. You may request:
1. access to Personal Information we hold about you by writing to us and requesting it. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it (e.g. emailing it to you); and
2. that we amend your Personal Information if you believe the Personal Information we hold about you is incorrect, incomplete or inaccurate. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that you disagree with it.
61. If at any time you provide the Personal Information of another person to us then you must ensure that that person has read and understood these terms and conditions and separately consents to that Personal Information being used and disclosed by us for the above purposes.
62. We use internet cookies which are small strings of text placed on users’ hard drives during the data exchange that happens when a browser points to a website. Cookies allow a website to store information on a user’s machine and retrieve it later. Cookies and other information collection technologies can only store information that is explicitly provided by the user or visitor in the first place, or information the website already knows about the user, such as their IP address.
63. Although we intend to observe this privacy policy at all times, it is not legally binding on us. From time to time we may regard it as necessary or desirable to act outside this privacy policy. We may do so, subject only to any statutory rights you have under the Privacy Act 1988 (Cth) or other applicable legislation.
64. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on our system or on the Website. Should this occur, We disclaim all liability to you to the extent permitted by law.
No liability
65. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the consumer or for any of the equipment or programming associated with or utilised in an Auction, or for any technical error, or any combination of these that may occur in the course of the administration of an Auction including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of Bids.
66. No responsibility is accepted for lost, late, incomprehensible or incorrect Bids.
67. The Promoter is not liable for any loss or damage suffered (including without limitation direct, indirect and consequential loss and damages) or for personal injury suffered or sustained as a result of entering or trying to enter the auction or purchasing any Property, product or service offered as part of the auction or using such item, except for any liability which cannot be excluded by law.
Intellectual Property Rights
68. You acknowledge that any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Service ("Intellectual Property Rights") are owned by Us or licensed to Us. You agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these terms and conditions.
Severance
69. We are not liable for any failure to comply with these terms and conditions. If any part or provision in these conditions is found to be invalid, unenforceable or illegal for any reason, that part or provision shall be severed and the remaining provisions shall continue in full force.
Warranties and Representations
70. To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Service or any Auction or Property is excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Auction Property to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly We will not be liable for any misstatement, error or omission from the description of the Service or any Auction Property.
Alteration of Terms and Conditions
71. Alterations to these Terms and Conditions may only be made by Us and will be posted on Our Website. Members are encouraged to check the Website regularly to ensure that they are not affected by any changes to these Terms and Conditions.
Governing Law
72. The laws of New South Wales govern these terms and conditions and each Auction. The Promoter and each Bidder submit to the jurisdiction of the courts of New South Wales in relation to any dispute arising out of or in connection with these terms and conditions or any Auction.
Additional Terms and Conditions relating to Boat Reverse Auctions.
