IN ROOM AUCTIONS
EXPERIENCE THE DIFFERENCE
This agreement applies to AUCTIONS LIVE – a product of RE Software Pty Ltd and you, the subscriber.
“you” - The Subscriber
“RE Software” - RE Software Pty Ltd.
Subscription to AUCTIONS LIVE is exclusively available to Real Estate Agencies and Auctioneers.
RE Software complies with the Australian Privacy Principles. It is a condition of subscription that all subscribers abide by the Australian Privacy Principles.
Online systems are monitored within an internal auditing system and are date-time stamped, together with IP address and account details. Any misuse of services and facilities may lead to civil action or criminal prosecution.
By subscribing AUCTIONS LIVE you agree:
• To use the system for the purpose of which it was designed.
• That you will not hold RE Software accountable for the inaccurate input of information by its subscribers. It is also understood that technical failure can cause errors and the subscriber does not hold RE Software responsible for same.
• To only use RE Software / AUCTIONS LIVE documentation or branding whilst you are a financial subscriber.
• To keep all logins, passwords, or other Identifiers, confidential and secure.
• To indemnify RE Software for any loss suffered, or liability incurred, due to any information that is not accurate, up to date or complete, or is otherwise misleading.
• Not to misuse the system, including but not limited to providing passwords to non-subscribers, using another user's password to gain access and attempts to violate security measures.
• That RE Software will not issue any refund in relation to subscription. This policy does not exclude a person’s right under Australian consumer law.
• That you will adhere to the Competition and Consumer Act 2010, and the Federal Privacy Act.
• The inclusion of advertisements, pointers and hyper links to other web sites operated by third parties are not under the control or the responsibility of RE Software. A display of advertising does not imply an endorsement or recommendation by RE Software.
• That subscription is on an individual office basis. Any company, organisation or partnership with multiple offices, must have their own separate subscription. Multi-site subscription is available at a reduced price.
• That it is a minimum 12 month subscription.
• Whilst these Terms & Conditions have been developed for subscribers, RE Software reserves the right to change these Terms & Conditions at any time it deems necessary, or as required by law. In the event that the Terms & Conditions may alter, RE Software will take reasonable steps to advice its subscribers of any changes.
• This agreement is governed by the laws of New South Wales and both parties submit to the non-exclusive jurisdiction of the courts of that state.
• RE Software monitors and uses IP addresses to administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information, however this does not exclude RE Software from using all resources to obtain your personal details for legal purposes. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.
• All users agree to adhere to our site terms and conditions as set out in our public website.
• All applications for trial to AUCTIONS LIVE is strictly based on approval by RE Software management. RE Software management has the right to refuse trail access without needing to supply a reason for such refusal.
• Trial access to AUCTIONS LIVE is subject to all the terms and conditions.
Using Our System
Using our System does not give you ownership of any intellectual property rights in our System. You may only use content from information entered by your office. Access to other subscribers information must be reported to RE Software.
These terms do not grant you the right to use any branding or logos used in our System. Don’t remove, obscure, or alter any legal notices displayed in or along with our System.
In connection with your use of the System, we may send you service announcements, administrative messages, and other information.
Some of our Systems are available on mobile devices. Do not use such Systems in a way that distracts you and prevents you from obeying traffic or safety laws.
Our Warranties and Disclaimers
We provide our System using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our System.
Other than as expressly set out in these terms or additional terms, RE Software makes no specific promises about the System. For example, we don’t make any commitments about the specific functions of the System, or their reliability, availability, or ability to meet your needs. We provide the System “as is”. To the extent permitted by law, we exclude all warranties.
Liability for our System
When permitted by law, RE Software, will not be responsible for lost profits, revenues, data, financial losses, indirect, special, consequential and exemplary or punitive damages.
To the extent permitted by law, the total liability of RE Software, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the System (or, if we choose, to supplying you the System again).
In all cases, RE Software, will not be liable for any loss or damage that is not reasonably foreseeable.
Business uses of the System
If you are using our System on behalf of a business, that business accepts these terms. It will hold harmless and indemnify RE Software and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the System or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
You can request a refund within two business days of paying for a subscription on the following conditions:-
• You must not have accessed or used the RE Software service from date of payment.
• Your request must be in writing.
• Acceptance to issue a refund will be processed within 7 to 14 days from approval.
• Advise the subscriber who added the information to your profile about the correction request or complaint.
This refund policy does not exclude a person’s right under Australian Consumer Law.