These Terms were last updated on March 10th, 2019.
1. Payment Terms at this auction operated by Viewbid Auctions Limited ("Viewbid") are CASH, VISA, MASTERCARD, Interac, and Bank Draft/Transfer. All applicable taxes will be added to the bid price. All items must be paid IN FULL within Three Business Days of Notification of your winning bid. All items must be removed from the Viewbid premises within Five Days of Notification; otherwise, the Purchaser shall be in default and Section 16 hereof shall apply. You (the "Purchaser") agree to pay, addition to the purchase price of the item(s), all government taxes. Payments will be only taken in-house and or online payments are available. Unless otherwise specified in the Special Instructions to Bidders, all bids and payments must be in Canadian currency.
2. Registration/title documents if applicable will be put into the Purchaser's name by Viewbid, and be subject to a fee listed in Event Auction Terms.
3. All purchases are subject to HST.
4. All sales are final, unless listed in RED writing under event terms in a specific event auction, which will indicate items that can be returned.
5. All items are subject to withdrawal from preview, from advertising and from auction sale at the sole discretion of Viewbid without any notice at any time.
6. Viewbid reserves the right to reject any bid at any time without reason or explanation.
7. Viewbid shall not be responsible for any accidents occurring on the Viewbid premises. Every person at a Viewbid site, before, during and after a sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises, and the conduct of third parties. No person shall have any claim against Viewbid, their agents, employees or principals for any injury sustained or for damages to or loss of property, which may occur from any cause whatsoever.
8. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not is has been repaired or restored.
9. Viewbid reserves the right to reject any bid. The highest bidder acknowledged by Viewbid shall be the Purchaser. In the event of any dispute between the bidders, or in the event of doubt on Viewbid's part as validity of any bid, Viewbid will have the final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive.
10. All property is sold "AS IS", "WHERE IS" without any representations or warranties by Viewbid or the consignor of the property being sold (the "Consignor") as to merchantability, fitness for a particular purpose, the correctness of any catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting, or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. Neither Viewbid nor the Consignor make any representations or warranties, express or implied, as to whether the Purchaser acquires any copyrights, including but not limited to any reproduction rights in any property. Neither Viewbid nor the Consignor shall be responsible for errors and omissions on Viewbid's website, in any catalogue, glossary or any supplemental material.
11. All items that are offered by auction may be subject to a reserve or opening bid, which is the confidential minimum price acceptable to the Consignors.
12. Viewbid reserves the right to refuse any applicant a bidding card for the privilege of bidding by number at the auction sale and or revoke such privileges at any time.
13. All costs and the responsibility of removal shall be borne by the Purchaser. The Purchaser, if asking Viewbid to assist in the removal of any items, shall indemnify and hold harmless Viewbid, their agents, employees, and principals from any damages suffered by the Purchaser resulting from any loss or damage to the item(s) being removed.
14. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lot(s) by reason of their being incorrectly described and no liability shall be borne by Viewbid in respect of any omissions or errors.
15. The Purchaser will not be entitled to possession of any of the said lot(s) purchased until the total purchase price of all the lot(s) have been fully paid. In the event that the Purchaser fails to pay the full purchase price for any lot(s) with the prescribed time, or fails to comply with any of the "Terms of Sale", the Purchaser will be sent to collections and/or shall be subject to a court action for payment without notice.
16. If any applicable conditions herein are not complied with by the Purchaser, the Purchaser shall be in default, and in addition to any and all other remedies available to Viewbid and its agents and Consignors by law, including, without limitation, the right to hold the Purchaser liable for the total purchase price, including all fees, charges, and expenses set forth herein, Viewbid, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting Purchaser, or (ii) resell the purchased property, whether at auction or by private sale, or (iii) effect any combination thereof. The Purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses and commissions of both sales, legal fees, and expenses, collection fees, and incidental damages. In addition, a defaulting Purchaser will be deemed to have granted and assigned the deposit money to the auctioneer or its agents and consignors or any of their affiliated companies, and Viewbid may retain and apply such money as collateral security for the obligations due. In addition to other remedies available to Viewbid by law, all unpaid items will be subject to a non-refundable service charge of 25% of the bid price.
17. The Purchaser shall be liable for any damage caused by its employees, subcontractors, or agents to Viewbid or any third party. Damages include any injury to persons (including injury resulting in death) or loss of or damage to property (including real property) caused as a result of any act or omission of the Purchaser. The Purchaser must have the proper material handling and safety equipment and transportation to pick up their items. If in the opinion of Viewbid, the equipment or methods used to remove the items are deemed unsafe, Viewbid may refuse the pickup and withdraw any assistance.
TERMS & CONDITIONS FOR SELLING AND POSTING
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
VIEWBID AUCTIONS is a Venue
VIEWBID AUCTIONS acts as a venue to allow users who comply with VIEWBID policies to offer, sell and buy goods. VIEWBID is not directly involved in the transaction between buyers and sellers. As a result, VIEWBID has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. VIEWBID AUCTIONS does not pre-screen users or the content or information provided by users. VIEWBID AUCTIOS cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, VIEWBID AUCTIONS does not transfer legal ownership of items from the seller to the buyer. VIEWBID AUCTIONS cannot guarantee the true identity, age, and nationality of a user. VIEWBID encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that VIEWBID AUCTIONS is a venue and as such is not responsible or liable for any content, including but not limited to: data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on VIEWBID AUCTIONS. You use the VIEWBID AUCTIONS service at your own risk.
Registration Required: In order to enter into any arrangement or agreement to either buy or sell items through VIEWBID AUCTIONS website, the User must register through the WWW.VIEWBID.CA website. Upon registration, the User agrees to be bound by the Terms and Conditions set forth herein.
Age: VIEWBID AUCTIONS services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. VIEWBID AUCTIONS may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use VIEWBID AUCTIONS services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by VIEWBID AUCTIONS policies as stated in the Agreement and the VIEWBID AUCTIONS policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by VIEWBID AUCTIONS, each of which is incorporated herein by reference and each of which may be updated by VIEWBID from time to time without notice to you:
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
User Name: Please note your user name will be displayed to other users and people viewing this website.
Right to Refuse Service: VIEWBID AUCTIONS services are not available to temporarily or indefinitely suspended VIEWBID AUCTION members. VIEWBID AUCTIONS reserves the right, in VIEWBID AUCTIONS sole discretion, to cancel unconfirmed or inactive accounts. VIEWBID AUCTIONS reserves the right to refuse service to anyone, for any reason, at any time.
How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from VIEWBID AUCTIONS, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, VIEWBID AUCTIONS and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through VIEWBID AUCTIONS.
Fees and Billing
ITEMS LISTED BY MEMBERS OTHER THAN VIEWBID may charge fees for buying an item for sale. Buyer pays a premium determined by the final purchasing price of the Item purchased, which will be posted in the items listings.
You are responsible for paying all fees and applicable taxes associated with using VIEWBID AUCTIONS. The buyer must pay the full amount of the item won and the buyers premium if applicable within listing requirements of the posted item for sale, or the account will be considered past due.
Fees and Termination: If Viewbid Auctions terminates a listing or your account, if you close your account, or if the payment of your Viewbid Auctions fees cannot be completed for any reason, you remain obligated to pay Viewbid Auctions for all unpaid fees plus any penalties, if applicable. If the buyer's account is not paid in full and becomes past due, the buyer risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, email firstname.lastname@example.org.
Listing and Selling
Listing an Item By listing an item on the Site, the seller agrees that any transactions or agreements facilitated by the Site must take place via Viewbid Auctions. Viewbid Auctions reserves the right to investigate any transactions or agreements that have been facilitated via the Viewbid Auctions message system or email correspondence which may result in account suspension, deactivation, or penalty fees. Cancelling or ending an item prior to its end date to avoid fees is prohibited and subject to any fees associated with listing the item.
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Viewbid Auctions published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listings. Your listings may only include text descriptions, graphics, pictures, video and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers/Buyers may charge reasonable shipping and handling fees to cover the costs of shipping the items.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Viewbid Auctions included but not limited to: all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Viewbid Auctions.
Restricted Activities: Your Content and your use of Viewbid Auctions shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Viewbid Auctions staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Viewbid Auctions or modify another website so as to falsely imply that it is associated with Viewbid Auctions.
- Appear to create liability for Viewbid Auctions or cause Viewbid Auctions to lose (in whole or in part) the services of Viewbid Auctions ISPs or other suppliers
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement.
Re-Posting Content: By posting Content on Viewbid Auctions, it is possible for an outside website or a third party to re-post content without the permission of Viewbid Auctions. You agree to hold Viewbid Auctions harmless for any dispute concerning this use. If you choose to display your own Viewbid Auctions-hosted image on another website, the image must provide a link back to its listing page on Viewbid Auctions.
Viewbid Auctions does not control the Content provided by users that are made available on Viewbid Auctions. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Viewbid Auctions, you agree to accept such risks and that Viewbid Auctions (and Viewbid Auctions officers, directors, agents, subsidiaries, joint venturesauthorisedand employees) is not responsible for any and all acts or omissions of users on Viewbid Auctions. Please use caution, common sense, and practice safe buying and selling when using Viewbid Auctions.
Other Resources: Viewbid Auctions is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Viewbid Auctions does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Viewbid Auctions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Viewbid Auctions, please email email@example.com. Should you have a dispute with one or more users, or an outside party, you release Viewbid Auctions (and Viewbid officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Viewbid Auctions encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Viewbid Auctions, for the benefit of users, may try to help users resolve disputes. Viewbid Auctions does so in Viewbid Auctions sole discretion, and Viewbid Auctions has no obligation to resolve disputes between users or between users and outside parties. To the extent that Viewbid Auctions attempts to resolve a dispute, Viewbid Auctions will do so in good faith based solely on Viewbid Auction policies. Viewbid Auctions will not make judgments regarding legal issues or claims.
Viewbid's Intellectual Property
Viewbid Auctions and Viewbid Auction graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Viewbid Auction, in the Canada and or U.S. and/or other countries. Viewbid Auctions trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Viewbid Auctions may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Viewbid Auctions is proprietary or is licensed to Viewbid Auctions by Viewbid Auction users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Viewbid Auctions for any purpose whatsoever, except to the extent expressly permitted by Viewbid Auctions.
Without limiting any other remedies, Viewbid Auctions may, without notice, and without refunding any fees, delay or immediately remove Content, warn Viewbid Auctions community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user.
As a marketplace venue, Viewbid Auctions role is to connect buyers with sellers. As a buyer, when you place an order on Viewbid Auctions you enter into a transaction with a seller, facilitated by Viewbid Auctions. We are committed to providing a positive experience for both parties in every transaction on our marketplace. The following describes and explains our Transactions Policy:
- Seller lists item for sale.
- Buyer purchases item and pays the seller through an agreed payment method. Viewbid Auctions will invoice the buyer the site premium which can be paid through the approved payment method (PayPal).
- Buyer is responsible for all shipping and handling fees unless stated elsewhere in the seller's item listing. If the seller elects to pay for shipping and handling, options in the listing details will allow them to communicate this with the buyer. Prior to completing a sale, the buyer will be able to view who is responsible for shipping and handling fees via the item listing details. The final price of the listed item does not include shipping and handling fees. The party responsible for shipping and handling must arrange to ship within 30 calendar days after auction ends unless other terms are agreed upon by both parties.
A transaction is created when a buyer has completed the checkout process on Viewbid Auctions. Both the buyer and the seller are sent an email from Viewbid Auctions with information pertaining to the order and a receipt record in their Viewbid Auctions account.
Viewbid Auctions reserves the right to modify the above payment terms based on the ongoing or established relationship between Viewbid Auctions and Seller
In no event shall Viewbid Auctions be obligated for storage fees, transportation costs or any other fees, expenses or costs associated with any transaction to the extent the completion of a transaction is beyond Viewbid Auctions control in any way.
Buying, Bidding, or inquiring on an item
All transactions facilitated by Viewbid Auctions require the buyer to complete the transactions via the Site. Transactions or agreements that take place outside of Viewbid Auctions, but facilitated by Viewbid Auctions, are subject to fees associated with buying an item. Viewbid Auctions reserves the right to investigate all transactions done via the Site and or Viewbid Auctions messaging system. Transactions or agreements on an active listing on Viewbid Auctions outside of the provided communication channels are subject to the buyer's premium and account suspension.
Buyer and Seller have the discretion to use any shipper of their choice. Seller may offer shipping services if the buyer agrees to the terms of shipping.
Receipt of the shipment by the recipient without written notice of damage on the delivery record is prima facie evidence that the shipment was delivered in good condition.
Loading: Unless otherwise agreed to by the Buyer and Seller in writing, the Seller is responsible for the loading of sold Items onto the contracted shipper’s vehicle.
If crating is necessary, the Buyer is normally responsible for arranging and paying for crating services; provided, however, the Seller may offer skidding/crating to the Buyer, and if the Buyer agrees, any subsequent charge assessed by the seller to the buyer.
Delivery: Viewbid Auctions does not ship, nor assume responsibility for the shipment of any Items sold on the website. Any issues that arise in the course of shipping an Item are the responsibility of the Seller, Shipper and Buyer.
Handling and loading may be an extra charge and details of those charges will be provided by Seller or carrier prior to shipping. The seller must state additional charges for handling prior to invoicing buyer or forfeit the right to request additional monies.
Transaction concerns or disputes: We hope that your experience on Viewbid Auctions is smooth and hassle-free. In the event of a problem with a transaction, Viewbid Auctions encourages the buyer and seller to resolve the situation through Viewbid Auctions message system. There are two types of issues that a buyer may encounter: 1) a case of “non-delivery” or 2) a case of “item not as described”, as further described below.
Non-delivery: A non-delivery situation arises when a buyer placed an order, arranged shipping, submitted payment, but then did not receive the item. Viewbid Auctions encourages a buyer to first contact the seller via the message system to try to resolve the issue. If attempts at resolution are unsuccessful, and if the buyer used authorized payment method to make the purchase, the buyer should file a claim for refund of purchase under authorised payment vendor’s policies.
A seller who fails to ship an item, respond to a non-delivery case or settle a disputed transaction in a reasonable manner may be suspended.
Item not as described: An item is “not as described” if it is substantially different than explicitly agreed upon or if it is not fit for its intended use. Viewbid Auctions encourages a buyer to first contact the seller via the message system to try to resolve the issue. If attempts at resolution are unsuccessful, and if the buyer used an authorised payment vendor to make the purchase, the buyer should file a claim for refund of purchase under authorised payment vendor’s policies.
A seller who ships an item that is not as described fails to respond to a case or settle a disputed transaction in a reasonable manner may be suspended.
Non-payment: Non-payment occurs when a buyer did not or cannot complete payment after a transaction has been created. The seller may flag a buyer for a payment not received, chargeback, or cancelled payment. The seller may also invoice the buyer in an attempt to collect payment before shipping. Buyers who routinely do not pay for orders may be subject to review, which can result in suspension.
Sellers agree to complete valid transactions. On occasion, a seller may need to cancel an invalid or void transaction, as defined below. Only the seller in a transaction may cancel the transaction. When applicable, Viewbid Auctions will issue a credit to the buyer for fees related to a cancelled transaction. Sellers are encouraged to keep proof of any refunds provided to buyers in the event a dispute arises over a cancellation.
If a buyer would like to cancel an order, the buyer should contact the seller by Viewbid Auctions message system to request cancellation.
The seller may not cancel a transaction for the purpose of avoiding fees or reviews.
The seller may cancel an invalid or void transaction, as defined by these circumstances:
- The buyer did not pay at the time the transaction was created, according to the transaction agreement or according to the terms in the seller's shop policies.
- An authorised payment method was used, AND any of the following additional criteria are met:
- Both the buyer and seller agreed to cancel the transaction prior to shipment. If the buyer has already paid, the seller has refunded buyer (price paid for item plus shipping).
- The seller has refused service to the buyer. If the buyer has already paid, the seller has refunded the buyer (price paid for item plus shipping).
- The buyer paid for the item(s). Although the seller shipped the item(s), the buyer did not receive the item(s). The seller has refunded the buyer (price paid for item at minimum).
- The buyer paid, the seller shipped the item, and the buyer received the item. Then the buyer and seller agreed the buyer can return the item to the seller for a refund. The seller has received the returned item, and the seller has refunded the buyer (price paid for item at minimum).
Members who abuse the privilege to cancel transactions may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay Viewbid Auctions for all unpaid fees.
VIEWBID AUCTIONS, VIEWBID AUCTIONS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND VIEWBID AUCTIONS SUPPLIERS PROVIDE VIEWBID AUCTIONS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VIEWBID AUCTIONS, VIEWBID AUCTION SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND VIEWBID AUCTION SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VIEWBID AUCTIONS SHALL CREATE ANY WARRANTY. SOME PROVINCES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
IN NO EVENT SHALL VIEWBID AUCTIONS, AND (AS APPLICABLE) VIEWBID AUCTION SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR VIEWBID AUCTION SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, VIEWBID AUCTION SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIEWBID AUCTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL VIEWBID AUCTIONS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
YOU AGREE TO INDEMNIFY AND HOLD VIEWBID AUCTIONS AND (AS APPLICABLE) VIEWBID AUCTIONS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
VIEWBID AUCTIONS does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside VIEWBID AUCTIONS control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and VIEWBID AUCTIONS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
VIEWBID AUCTIONS Service
If you have any comments or questions, you may send an e-mail to firstname.lastname@example.org
For any dispute you have with Viewbid Auctions, you agree to first contact us and attempt to resolve the dispute with us informally. If Viewbid Auctions has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and VIEWBID AUCTIONS agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that VIEWBID AUCTIONS will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $40,000 and is non-frivolous. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorised access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Law and Jurisdiction
These Terms shall be subject to, governed by and construed under the laws of the Province of Nova Scotia in Canada, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Halifax County, Halifax, Canada, for any actions not subject to Section 10 (Arbitration).Your access to, or use of, the Website or information, materials, products and/or services on the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and provincial courts in the Province of Nova Scotia and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to the use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Our Products are controlled and operated from Canada, and we make no representations that they are appropriate or available for use in other locations.
Notification Procedures and changes to these Terms. Canada reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Viewbid Auctions without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Viewbid Auction failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.