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    • Website Terms And Conditions

      ("Website Terms")

      The Website Terms for Emax are below. Also below is a short summary of the key provisions of our terms and your responsibilities as a user of our website.

      Please read these Website Terms carefully before you start to use the website in order to receive the online auction content. By:

      ·         accessing the website and/or any content made available through it; and/or

      ·         receiving the online auction content; and/or

      ·         registering with Emaxbid.com

      you indicate that you accept these Website Terms and that you agree to abide by them. If you do not agree, please refrain from using the website.

      Please note that auctioneers may have their own website terms which you also may be obliged to comply with depending on your use of the Service. We are not a party to their terms or have any liability under them.

      Summary of Website Terms

      These Website Terms (together with the Privacy Policy) ("the Terms") tell you the terms of use on which you may use our website. Please read these carefully. We highlight some key terms below:

      What We Do for You

      ·         We provide online auction content on our website. The website is only a means of communication to view online auction content and/or participate in auction sales and we are not an online auctioneer. Therefore, we are not a party to the contract for sale and purchase entered into between you, the bidder, and the auctioneer.

      ·         We are not in control of the information made available by auctioneers which you access via the website. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer may offer for sale through the website.

      ·         We do not charge you for your general use of the website. We are paid by auctioneers to provide the website services to potential bidders and this may include commission.

      What You Agree To Do

      ·         Use the website in accordance with our Terms.

      Parties:

      ·         Emax GmbH (“Emax” or the “Website Operator”)

      ·         You, the user of the Service ("the User").

      1. Definitions

      ·         "Content" means all data, information, advice and downloaded materials contained or referred to in or accessed from the Website.

      ·         "Intellectual Property Rights" means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.

      ·         "Licensor" means any licensor of the Website Operator including without limitation any third parties placing Content on the Website.

      ·         "Service" means the provision of Content (which includes without limitation, news, data, catalogues, and other services) provided on the Website to the User by the Website Operator. Auction services are subject to additional terms and conditions which the User is required to register for and accept before being able to access and use the auction services (whether for live auctions or otherwise).

      ·         "Website" means Emax at www.Emaxbid.com

      2. Our agreement

      2.1 These Website Terms constitute a legally binding agreement between you as the User and the Website Operator establishing the terms and conditions under which you may have access to, and use of, the Website and the Content.

      2.2 The Content of the Website may be restricted by law in certain countries. It is the responsibility of the User to determine what those restrictions are and to observe them.

      2.3 These Website Terms are subject to change. The Website Operator reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended Website Terms on the Website. The amended Website Terms shall become effective immediately. The Terms are also for the benefit of any auctioneers or other sellers who the Website Operator from time to time in its discretion permits to have the benefit (but not the burden) of these Website Terms.

      2.4 These Website Terms replace all previous terms and conditions.

      3. Basis of use

      3.1 Upon acceptance of these Website Terms the User has a non-exclusive, non-transferable, non-sublicenseable license to use the Service and download Content for its own personal non-commercial use in order to view the Website only. This license shall include any other material downloaded from the Website unless other conditions apply to the use of that material (the "License"). The Website Operator has the right to revoke this License at any time or to remove Content from the scope of the License without notice.

      3.2 The User agrees not to:

      3.2.1 use the Service in any way to either directly or indirectly prejudice the Website Operator's interests or those of its Licensors or affiliates and/or the provision and exploitation of the Service in any way;

      3.2.2 copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website or the Service (other than to the extent required to view the Website as contemplated by 3.1);

      3.2.3 create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website or the Service (by spidering or otherwise) or enable or permit others to do so.

      3.3 The Website Operator shall make the Service available to Users in such forms as it reasonably deems appropriate from time to time.

      3.4 The User shall provide at its own cost suitable access to the internet or equivalent through which the Service is intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.

      3.5 All products and services contained on or referred to on the Website (including Content that can be downloaded) are subject to availability and the Website Operator has the right to withdraw any product or service at any time without notice.

      3.6 The Website Operator may update the Website regularly and may change the Content at any time without notice. If the need arises the Website Operator may suspend access to the Website or close it indefinitely. Any Content on the Website may be out of date at any given time and the Website Operator is under no obligation to update the Content. In addition the Website Operator may from time to time restrict access to parts of the Website or the entire Website to Users who have registered with the Website Operator.

      3.7 The Website Operator reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Service at any time.

      3.8 The Content, commentary and other materials displayed on the Website are not intended to amount to advice on which reliance should be placed. The Website Operator disclaims all responsibility and liability arising from any reliance placed on such materials by any User of the Website, or by anyone who may be informed of the Content. Notwithstanding the above, the Content and all other material displayed on the Website is subject to the exclusions of liability set out in these Website Terms and the User should not rely on the Content or other material displayed on the Website as being accurate or up to date but should independently verify all information.

      3.9 The Website Operator's Privacy Policy from time to time shall form part of these Website Terms.

      4. Items advertised for sale on the Website

      4.1 Website Operator may from to time provide a resource where catalogues and other sale details from dealers, auction houses and other sellers (“Sellers”) can conveniently be viewed. The Website Operator's role is limited to the provision of the Service for the publication of information on items offered for sale provided by the Sellers ("Items").

      4.2 Items are sold subject to the terms and conditions of the Seller and any terms of the auctioneer. It is the User’s responsibility to obtain and to read the auctioneer's and seller's terms and conditions carefully before making a bid or offer to purchase any Item.

      4.3 The Website Operator is not a party to any transaction between the User and the Seller for the sale of Items nor is the Website Operator acting as agent for or otherwise on behalf of any Seller. Accordingly, the User accepts that it will have no claim or cause of action against the Website Operator in respect of the sale (or non-sale) of any Item.

      4.4 For the avoidance of doubt, the Website Operator is not responsible for any errors in information about Items on the Website. The Website Operator does not evaluate Items and does not act as a specialist or expert on any related subject matter. The Website Operator makes no warranties or representation of any kind or nature with respect to Items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the User has any questions, then they should contact the Seller or the auctioneer directly. In particular, it is the User's responsibility to understand the Seller's payment and shipping terms and those of the auctioneer.

      4.5 Whilst the Website Operator may endeavor to facilitate electronic or other communications between Users and Sellers, it accepts no responsibility in respect of the availability or performance of any such services.

      4.6 Users must register and agree to the Bidder Terms before they can participate in any auctions (whether live or otherwise).

      5. Title and intellectual property rights

      5.1 The Website Operator or its Licensors are the owners of all Intellectual Property Rights in relation to the Website and its Content and, except to the extent expressly permitted by the License granted at clause 3.1, the User may not copy, extract, utilize, download, distribute, re-sell, use or publish (including by any means of electronic dissemination or extraction) the Content in any way without the prior written consent of the Website Operator.

      6. Warranty

      6.1 The Website Operator does not provide any warranties in respect of the accuracy, operation or usefulness of the Service nor does it warrant that its operation will be uninterrupted or error free.

      6.2 The Website Operator warrants that it shall endeavor to perform its obligations under these Website Terms with reasonable care and skill.

      7. Exclusions and limits of liability

      7.1 Except to the extent expressly provided in these Website Terms the Website Operator makes no representation or warranty of any kind (express, implied or statutory) nor are any conditions included in relation to this Website or the Content. Website Operator excludes (to the fullest extent permitted by law) all such warranties, representations and conditions.

      7.2 The Content is provided for general information only. Any advice or information received through this Website or its Content should not be relied upon as being correct or accurate as it the User's obligation to verify independently such matters from primary sources of information and/or by taking professional advice.

      7.3 The User is not entitled to rely on the Content, the Service or any associated service of the Website.

      7.4 Except in the case of death or personal injury arising from the Website Operator's own negligence or for the Website Operator's fraud, the Website Operator excludes all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any costs, losses, claims, damages, expenses or proceedings incurred or suffered by the User arising directly or indirectly in connection with the Website and its Content including without limitation any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with the Website, its Content, the Service or associated services (including but not limited to information, advice, and all content and software downloaded from this Website), or due to any unavailability of part or all of the Website or any Content, the Service or associated services.

      7.5 For the avoidance of doubt, all liability of the Website Operator for loss of profits, economic loss, wasted management time, special, incidental, indirect, and/or consequential loss or damage, is also expressly excluded to the fullest extent permitted by law.

      7.6 The Website Operator accepts no liability or responsibility for the use made of the Services by the User or those under its control and, in particular but without limitation, the content of any information.

      7.7 The exclusions and limitations of liability in these Website Terms are also for the benefit of the Website Operator’s affiliates (if any).

      8. Links to other internet websites

      8.1 The Website Operator aims to provide a high quality of service to its Users through the Website and for information and convenience the Website Operator may from time to time provide links to other internet websites. The inclusion of such hyperlinks, however, does not imply any endorsement, representation or warranty regarding those websites or the contents of those websites.

      8.2 The User may not link directly or indirectly, or facilitate the linking of, the Website to any other website without the Website Operator's prior written consent provided that no consent is required for links made solely for the purposes of operating and providing a bona fide search engine although the Website Operator reserves the right at any time to require any such linking to cease.

      9. Indemnity

      9.1 The User shall to the fullest extent permitted by law fully indemnify the Website Operator and each of its affiliates (if any) from and against all liabilities, demands, losses, costs, damages and actual expenses (including reasonable legal fees) suffered or incurred by or awarded against the Website Operator or any of its affiliates in consequence of or arising out of any actions of the User that are inconsistent with, or are in breach of, these Website Terms, any relevant national or international laws or regulations or arising out of the User's negligent, fraudulent or illegal use of the Service or which infringe the rights of others.

      10. Termination

      10.1 The agreement constituted by these Website Terms ("Agreement") including without limitation the License to use the Website and any or all of the Content may be terminated by the relevant Website Operator at any time without cause or notice.

      10.2 Any termination of this Agreement will be without prejudice to any other rights or remedies of the Website Operator or any of its affiliates under this Agreement or at law and will not affect its accrued rights prior to the date of termination. Clauses 4, 5, 6.1, 7, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement.

      11. Data Collecting and Sharing

      11.1 The User acknowledges and agrees that the Website Operator and its auctioneers may collect process and store personal data and feedback regarding the User transactions with auctioneers and share this personal data with any auctioneers receiving the Website Operator's Services on an ongoing basis to ensure the integrity and reputation of their Services and to protect auctioneers and sellers from default.

      12. Ancillary provisions

      12.1 Severability If any of the provisions or part of a provision of these Website Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced unless the substantive purpose of these Website Terms is then frustrated, in which case either party may terminate the Agreement forthwith on written notice.

      12.2 Waiver No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.

      12.3 Assignment/sublicensing The User may not assign or sublicense the Agreement or any benefits or interests arising under these Website without the prior written consent of relevant Website Operator.

      12.4 Governing law and jurisdiction The place of fulfillment is Gessertshausen, Germany. These Website Terms (and accordingly all visits to the Website) shall be governed by the law of the Federal Republic of Germany. German law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is an entrepreneur in the sense of §§ 1,2,3,5 and 6 HGB (German Commercial Code), a legal entity under public law according to § 38 section I ZPO (German Code of Civil Procedure) or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be the place of business of Emax GmbH. The same applies if the customer has no general legal venue in the Federal Republic of Germany or his domicile or normal place of abode is not known at the time a lawsuit is filed. This is without prejudice to the Website Operator's right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.

      13. Contacting Us

      13.1 Contacts  If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at info@emaxbid.com.

      14. These Website Terms are subject to change. Emax reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended terms and conditions on Emax Website in the Terms and Conditions page. The amended Website Terms shall become effective immediately.

      These Website Terms were last updated on 02nd April 2015 and replace all previous Emax Website Terms.

       

      Bidder Terms And Conditions

      ("Bidder Terms")

      The Bidder Terms for Emax are below.

      Please read these Bidder Terms carefully before you start to use the website and/or the auctioneer site in order to receive the online auction services. By using the website and/or the auctioneer site in order to receive the online auction services you indicate that you accept these Bidder Terms (including on behalf of your Business (as defined below) if relevant) and that you and your Business (if relevant) agree to abide by them. If you do not agree, please refrain from using the website and/or auctioneer site to receive the online auction services.

      Please note that it is the responsibility of the auctioneer and/or the seller (to the extent relevant) to inform you of any cancellation rights (if any) you may have if you are a consumer in relation to any lot you may purchase using Emax's online auction services as Emax is not acting as the seller of any lot or as the auctioneer.

      Summary of Bidder Terms

      These Bidder Terms (together with the Privacy Policy and Website Terms and Conditions (and those of the auctioneer to the extent also applicable)) ("the Terms") tell you the terms of use on which you may use our website and where relevant any auctioneer site, in particular our services to facilitate online bidding at auctions. Please read these carefully. We highlight some key terms below:

      What We Do for You

      ·         We provide online auction services (more particularly described in paragraph 2 of the Bidder Terms and defined as the Online Services) that facilitate online bidding at auctions. The Online Services are only a means of communication to participate in auction sales and we are not an online auctioneer. Therefore, we are not a party to the contract for sale and purchase entered into between you, the bidder, and the auctioneer and/or their principal.

      ·         We are not in control of the information made available by auctioneers which you access via the Online Services. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer may offer for sale through the Online Services or otherwise.

      ·         We do not charge you, the bidder, for your use of the Online Services. We are paid by auctioneers to provide the Online Services to potential bidders.

      What You Agree To Do

      1. Use the website, the auctioneer site and the Services in accordance with the Terms. In particular you agree that we can change modify or remove any of the Services without notice and without reason at any time. You also agree that our liability is limited in accordance with paragraph 10 of the Bidder Terms.

      2. You also agree to indemnify us against any claim action, or right against us that arises through your act, omission or breach of the Bidder Terms and also in respect of any taxes, duties and levies that may apply where we agree to deliver any lots for you.

      3. If you are registering to use the website and/or the auctioneer site and receive the Services (in accordance with clause 3.2 of these Terms) on behalf of a company, partnership, sole trader, limited liability partnership or any other person (your "Business") you warrant represent and undertake that you have authority to (i) act on behalf of your Business; (ii) bind your Business to these Terms; and (iii) bind your Business to any contract or arrangement entered into as a result of receiving the Services (including any agreement entered into with an Auctioneer). You acknowledge that where you do not have the authority to act on behalf of your Business and bind your Business in accordance with (i) to (iii), above, you will remain personally liable to Emax in respect of these Bidder Terms and personally liable in respect of any agreement entered into with an Auctioneer as a result of receiving the Services.

      4. Where you require the lots to be exported you are responsible for any export licences, permissions and customs declarations.

      1. Our Agreement

      1.1 By accessing Emax's website (currently www.emaxbid.com) or such other site or sites we use to provide the Services (defined below) as notified to you from time to time) ("Website") or being linked to these terms, or accessing, the site of an auctioneer ("Auctioneer") which is supported by Emax ("Auctioneer Site") in order to receive the Services and/or by registering to receive the Services (whether through the Website, the Auctioneer Site, or otherwise), you agree to be bound by these terms and conditions, which constitute a legally binding contract between you (defined in these terms as the "Bidder User") and Emax.

      1.2 These Bidder Terms are additional to Emax's Website Terms, and the Auctioneer Site's general website terms and conditions, which may also apply (provided that in the event of any conflict or inconsistency these Bidder Terms shall prevail).

      1.3 For the purposes of these Bidder Terms, Emax shall mean Emax GmbH, Fichtenstr. 5, 86459 Gessertshausen, Germany, email address: info@emaxbid.com.

      1.5 These Bidder Terms are subject to change. Emax reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website. Amended terms and conditions shall become effective; (1) for new Bidder Users immediately; (2) for existing Bidder Users 10 days from the date of posting.

      1.6 Notwithstanding paragraph 1.5, above, Emax may from time to time seek to improve the Services and improve the functionality of the Website and/or the Auctioneer Site for the benefit of Bidder Users ("Improvements"). Where Emax make such Improvements, Emax are entitled to vary these Bidder Terms with immediate effect. Any changes to the Bidder Terms made by Emax as a result of Improvements will not apply to Services already provided under the previous version of the Bidder Terms.

      1.7 These Bidder Terms replace all previous terms and conditions.

      2. Services provided by Emax to Bidder Users

      Online Services

      2.1 Subject to the Bidder User's compliance with its obligations under these Bidder Terms, Emax will use reasonable endeavours using reasonable skill and care to provide some or all of the following services from time to time to the Bidder User:

      2.1.1 Access to and participation in “Timed Auctions”. A Timed Auction can take place online and the Auctioneer will organise the sale (such organisation includes (but is not limited to) the Auctioneer describing and cataloguing the lots, posting the lots on the Website (or Auctioneer Site) and dealing with post sale matters). The Timed Auction is an automatic process that is administered according to parameters (such as bid increments and end times) established by the Auctioneer and takes place without the Auctioneer calling the bids. Bids are placed over a defined time period (“Bidding Period”). Bidder Users can view the highest current bid. The highest bid, (being the greatest bid that meets or is in excess of any reserve bid), at the end of the Bidding Period is successful. A Timed Auction:

      (a) will either be open to all registered Bidder Users who have registered and been approved by Emax and/or the Auctioneer in accordance with paragraph 3.2 or restricted to a defined group of Bidder Users according to the Auctioneer's chosen criteria; and

      (b) may also be a ‘private treaty sale’ where Bidder Users cannot see the bids placed by other Bidder Users.

      2.1.2 "Buy it now" functionality may be available in certain Timed Auctions, where this is selected by the Auctioneer – this permits the Bidder User to buy the lot for a maximum "buy it now" price at which point the lot closes regardless of what the actual end time is, and the lot will be sold to the Bidder User in accordance with the Auctioneer Terms. Note that where a Bidder User makes a "Maximum Bid" which is one increment below the "buy it now" price, the option to "buy it now" will automatically be removed.

      2.1.3 Access to and participation in "Live Auctions". Live auctions are traditional or internet-only auction sales conducted by an auctioneer that take place at a physical location or on internet-only. A Live Auction allows the Bidder User to participate in the auction either by placing bids  in advance of the auction (“Maximum Bids”, during the absentee session of the auction) or during the auction (“Live Bids”, during the live session of the auction). Access to Live Auctions is only open to Bidder Users who have registered and been approved in accordance with paragraph 3.2 in order to be able to bid in the auction in question.

      2.1.4 The “Maximum Bid” or “Absentee Bid” (in respect of both Live Auctions and Timed Auctions) is the highest amount the Bidder User is willing to bid on a specific lot. Absentee Bids are executed on behalf of the Bidder User during the auction at the lowest possible amount. The “Live Bid” (in respect of Live Auctions) is the bid of the Bidder User during the auction. Emax communicates the Absentee Bid and the Live Bid to the Auctioneer during the auction (during the absentee session and during the live session) using the Website's (or Auctioneer Site's) Absentee Bid and Live Bid functionality which administer Bids automatically. In relation to Absentee Bids and Live Bids (and without prejudice to any other right or remedy that Emax may have under these Bidder Terms):

      (a) The Absentee Bid and the Live Bid are at the risk of the Bidder User. Subject always to clause 10, Emax accepts no responsibility for and shall not be liable for the communication and placement of Absentee Bids and Live Bids, including (but not limited to) any direct or indirect loss that may occur;

      i) as a result of a failure to communicate the Absentee Bid and the Live Bid to the Auctioneer due to any disruption or disturbance to the wider internet; or

      ii) for any other reason

      (b) Emax will at no time be agent for the Bidder User and/or the Auctioneer; and

      (c) Communication of the Absentee Bid and of the Live Bid through the Website and/or Services does not constitute or guarantee the Auctioneer's acceptance of the Absentee Bid or of the Live Bid  (together the "Online Services").

      General

      2.2 Emax reserve the right to change, modify or remove all and/or any of the Online Services at any time (with or without notice to the Bidder User) and without reason.

      2.3 Emax and/or any Auctioneer may terminate, restrict and/or refuse the Bidder User's use of the Website, the Auctioneer Site and/or the Services and/or remove or alter any content at any time and for any reason.

      2.4 Should the Bidder User have any queries, concerns or complaints about the Services these should be directed to our Live Auction and website Support team (email info@emaxbid.com)

      3. Responsibilities of the Bidder User

      3.1 Bidder user access

      3.1.1 Those under 18 (eighteen) years of age are not permitted to access the Website, the Auctioneer Site and/or the Services.

      3.1.2 Those who have been barred, refused or suspended by Emax or any Auctioneer are not permitted to access the Website, the Auctioneer Site and/or receive the Services.

      3.1.3 Those who access the Website, the Auctioneer Site and/or receive the Services on behalf of their business, warrant that they have authority to bind that business.

      3.2 Registration and user credentials

      3.2.1 If the Bidder User wishes to use the Website and/or the Auctioneer Site in order to receive the Services or make use of any of the Services the Bidder User must:

      a) register with and be approved by Emax; and

      b) register with and be approved by the Auctioneer in advance of receiving or using the Services.

      3.2.2 For the avoidance of doubt, the Bidder User's registration with Emax in accordance with paragraph 3.2.1(a), above, will require the Bidder User to agree to abide by these Bidder Terms on registering to receive the Services. The Bidder User's agreement to these Bidder Terms does not constitute Emax's approval of the Bidder User and notwithstanding paragraph 2 Emax may at any time terminate, restrict and/or refuse the Bidder User's use of the Website, the Auctioneer Site and/or the Services without notice.

      3.2.3 For the avoidance of doubt, the Bidder User's registration with the Auctioneer in accordance with paragraph 3.2.1(b), above, will require the Bidder User to agree to abide by the Auctioneer's terms and conditions on registering to receive the Services. The Bidder User's agreement to the Auctioneer's terms and conditions does not constitute the Auctioneer's approval of the Bidder User and notwithstanding paragraph 2 the Auctioneer may at any time terminate, restrict and/or refuse the Bidder User's use of the Website, the Auctioneer Site and/or the Services without notice.

      3.2.4 The Bidder User will supply all information requested by Emax and/or the Auctioneer in order to register and represents, warrants and undertakes to Emax and to the relevant Auctioneer that all such information is complete, truthful and accurate. It is the responsibility of the Bidder User to update and maintain changes to such information. Emax and the relevant Auctioneer are entitled to rely on any information provided by the Bidder User.

      3.2.5 Emax and/or the Auctioneer reserve the right to refuse registration and/or approval to any person for any reason. Such refusal shall be in the absolute discretion of Emax and/or the Auctioneer.

      3.2.6 On registration a Bidder User will be allocated a unique user ID which must be used in conjunction with the Bidder User password, these are known as "User Credentials".

      3.2.7 The Bidder User's access to the Website, the Auctioneer Site (to the extent applicable) and/or the Services must only be achieved using these User Credentials

      3.2.8 The Bidder User must ensure that User Credentials are not disclosed to any other person and in any event they must only be disclosed to persons under the authority and control of the Bidder User for the purpose of ensuring the Bidder User has access to the Website, the Auctioneer Site (to the extent applicable) and use of the Services. If the Bidder User believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the User Credentials, the Bidder User must immediately notify Emax by email at info@emaxbid.com.

      3.2.9 The Bidder User shall be liable for any use of the Website, the Auctioneer Site (to the extent applicable) and/or Services made using the User Credentials and for any misuse of the User Credentials.

      3.3 Protecting Emax and the Services.

      The Bidder User warrants and undertakes that:

      3.3.1 its access to and use of the Website, the Auctioneer Site (if applicable) and the Services will not cause Emax any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to Emax, or cause the Website, the Auctioneer Site (if applicable) or the Services to become less efficient, less effective, or less functional;

      3.3.2 the Bidder User will not impose unreasonable stress, burden, or demand on the Website, the Auctioneer Site (if applicable) or the Services;

      3.3.3 the Bidder User will comply with Emax's instructions regarding the use of the Website, the Auctioneer Site (if applicable) and the Services from time to time and also will not bypass measures to prevent or limit access to the Website, the Auctioneer Site (if applicable) or the Services;

      3.3.4 the Bidder User will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to Emax;

      3.3.5 the Bidder User will not copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website, the Auctioneer Site (if applicable) or the Services other than in order to bid for goods using the Services;

      3.3.6 the Bidder User will not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website, the Auctioneer Site (if applicable) or the Services (by spidering or otherwise) or enable or permit others to do so; and

      3.3.7 The Bidder User will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.

      3.4 No sniping

      3.4.1 Bid sniping (such as watching a timed online auction and placing a winning bid at the last possible moment giving others no time to outbid), whether manual or automated, is strictly prohibited on the Website and the Auctioneer Site (if applicable) and the Bidder User warrants and undertakes that the Bidder User will not place or permit to be placed any bids on any lots in any auction by way of sniping.

      3.4.2 Any attempt at bid sniping will automatically extend the relevant auction time and without prejudice to any other right or remedy of Emax and/or the Auctioneer may result in the Bidder User's access to the Website and/or the Auctioneer Site being suspended or revoked.

      3.5 No shill bidding

      3.5.1 Shill bidding (where the seller of an item at auction, or someone known to the seller, places a bid in order to inflate the price of the product being sold), whether manual or automated, is strictly prohibited on the Website and the Auctioneer Site (if applicable) and the Bidder User warrants and undertakes that the Bidder User will not place or permit to be placed any bids on any lots in any auction by way of shill bidding.

      3.5.2 Any attempt at shill bidding may extend the relevant auction time and without prejudice to any other right or remedy of Emax and/or the Auctioneer may result in the Bidder User's access to the Website and/or the Auctioneer Site being suspended or revoked.

      4. Duration of the Services

      4.1 Unless terminated earlier as provided in these Bidder Terms, the Bidder User's registration, approval, and/or right to use the Services shall apply on an auction-by-auction basis, although an Auctioneer may (in its absolute discretion) grant approval for a Bidder User to participate in more than one auction.

      5. The Website, the Auctioneer Site (if applicable) and the Services are only a means of communication to participate in auction sales and Emax is not 'an online auctioneer'

      5.1 Emax act only as host and the Website, the Auctioneer Site (if applicable) and Services act only as a means of communication intended to provide online access to the Auctioneer's auction. Bids may be made and accepted utilising the technology inherent in the Services. Without prejudice to paragraph 3.4 above, when a Bidder User bids for a lot, the Bidder User does so in accordance with the terms and conditions provided by the Auctioneer for that sale and not Emax, as more particularly described in paragraph 7 below. The Bidder User is responsible for independently ensuring that they are aware of those terms and conditions and undertake to bid in accordance with those terms and conditions.

      5.2 Emax is not a party to the contract for sale and purchase entered into between the Auctioneer, (and/or its principal) and the Bidder User, nor is Emax acting as agent for any such person. Emax shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.

      6. Charges

      6.1 Emax does not charge Bidder Users for accessing the Website, the Auctioneer Site (if applicable) or using the Online Services.

      6.2 The Auctioneer may charge Bidder Users in respect of auction bids or otherwise through commission payments or other charges. The Bidder User acknowledges that any charges or commission arrangements that the Auctioneer may make for the Online Services are a matter between the Bidder User and the Auctioneer and are not the responsibility of Emax. It is the responsibility of the Bidder User to check it is happy with any charges or commission arrangements before bidding or otherwise incurring any liability to the Auctioneer.

      6.4 The Bidder User acknowledges that any charges, Deposit(s) or commission arrangements that the Auctioneer may make or require for the Online Services or in respect of an auction are a matter between the Bidder User and the Auctioneer and are not the responsibility of Emax. It is the responsibility of the Bidder User to check it is happy with any charges, Deposit(s) or commission arrangements before bidding or otherwise incurring any liability to the Auctioneer.

      6.5 In any event, Emax will not be directly involved in or responsible for any Payment, refunds and/or Deposit(s) due to or from the Bidder User.

      7. Auctioneer terms

      7.1 Each Auctioneer will have their own terms and conditions ("Auctioneer Terms"): these terms and conditions may differ from those of another Auctioneer. A Bidder User accepts that in bidding at an auction they accept the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder User to ascertain the nature of these terms and to abide by them.

      7.2 Whilst it is the responsibility of the Bidder User to read the Auctioneer Terms and to comply with them, the Bidder User is reminded that the following provisions typically apply (subject to any contrary provisions in the Auctioneer Terms):

      7.2.1 the Bidder User must not bid in an auction where they are the seller nor must they procure or encourage any person to do so on their behalf;

      7.2.2 the Bidder User must not contact other bidders prior to the full conclusion of the sale of the lot;

      7.2.3 the highest bidder, where the reserve is met, and the bid is not subsequently declared by the Auctioneer to be inoperable, shall be bound by law to complete the transaction; and

      7.2.4 each Bidder User shall be deemed to act as principal, unless in possession of written authority given by the Auctioneer to act for a third party.

      7.3 Also, the submission of commission or Absentee Bids or Live Bids and their acceptance by the Auctioneer is a matter to be agreed between the Bidder User and the Auctioneer, provided that where commission or Absentee Bides or Live Bids are made or facilitated by using the Website, the Auctioneer Site and/or the Services these Bidder Terms shall apply.

      8. No representation and warranties

      8.1 Emax makes no representations or warranties whatsoever in connection with what the Auctioneer may offer for sale through the Services or otherwise.

      8.2 The Bidder User accepts that the Auctioneer is solely responsible for any undertaking, representation and/or warranties ("Representation") made in respect of a lot, including but not limited to:

      8.2.1 Representation as to quality of lots;

      8.2.2 Representation as to the description of lots;

      8.2.3 Representation as to fitness for purpose of lots;

      8.2.4 Representation as to truth or accuracy of statements made;

      8.2.5 Representation as to authenticity or provenance in respect of lots;

      8.2.6 Representation as to legality of lots;

      8.2.7 Representation as to title of lots;

      8.2.8 Representation as to the liability of any party to the contract to complete the transaction.

      8.3 Emax has no knowledge as to, or responsibility for, the safety of lots. The Bidder User must not pre-suppose that all lots are risk free and not dangerous to the Bidder User. Emax do not accept any responsibility to protect Bidder Users from injury or even death resulting from use of these lots.

      8.4 Emax have no knowledge as to, or responsibility for, the legality of lots. The Bidder User must not pre-suppose that all lots are lawfully sold in the relevant jurisdiction. Emax do not accept any responsibility to protect Bidder Users from any illegality arising from their purchase or use of lots.

      8.5 Emax is not in control of the information made available by Auctioneers accessed via the Services. The Bidder User accepts that Emax is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.

      8.6 Emax does not warrant that the Website and the Auctioneer Site (if applicable) is free from infection by viruses or any other technologically harmful material that may infect the Bidder User's computer equipment, computer programs, data or other proprietary material ("Bidder User's Computer System") arising out of the Bidder User's use of the Website or the Auctioneer site. The Bidder User accepts that Emax does not accept responsibility to protect the Bidder User's Computer System from such viruses or other contamination or destruction. Subject to paragraph 9.2.1, below, Emax will not be liable for any loss or damage to the Bidder User's Computer System caused by a distributed denial-of-service attack.

      9. Liability

      9.1 Provision of the Services not guaranteed.

      9.1.1 The Bidder User accepts that access to Emax's Services (whether the Website, via the Auctioneer Site (if applicable) or the Services or access to a particular lot) may be withdrawn at any time. The Website, the Auctioneer Site (if applicable) and the Services may be interrupted and provision of the Website, the Auctioneer Site (if applicable) and the Services is not guaranteed. Bidder Users must not rely on and are not entitled to rely on Emax's Services (whether the Website or the Services) or the use of the Auctioneer Site to make bids. Such Services and sites may not be continuous and may be interrupted by factors within or outside Emax's control.

      9.1.2 The Website, the Auctioneer Site (if applicable) and the services are provided free of charge by Emax (see paragraph 6 above) 'as is' and 'when is' available only. Emax shall have no liability where a bid fails to be received by the Auctioneer or is delayed, or where the bid is made in error for whatever reason. Emax is under no obligation to correct erroneous bids or to resubmit bids which were lost in transmission or otherwise not received by the Auctioneer.

      9.2 Limitation of liability generally and for the Online Services

      9.2.1 The Bidder User accepts that Emax's liability is limited to the fullest extent available in law. The Bidder User releases Emax from all liability to the fullest extent permitted by law. Provided always that in respect of the Delivery Services the limitation of liability provisions in paragraph 9.3 shall apply to the exclusion of this paragraph 9.2 with the exception of paragraphs 9.2.3, 9.2.4, 9.2.5, 9.2.7 to 9.2.9 which shall continue to apply to both the Online Services and the Delivery Services.

      9.2.2 Emax shall not be liable for the following (but not limited to); negligence, consequential damage, special, indirect and direct losses, loss of reputation, good will, contract, profits, revenues and (to the fullest extent permitted by law) all other losses arising out of or in connection with this agreement with the Bidder User.

      9.2.3 Under no circumstances are Emax liable for the Auctioneer Site or the acts or omissions of the Auctioneer or any seller with whom the Bidder User contracts or with whom Emax link or facilitate communication with the Bidder User.

      9.2.4 The Bidder User agrees to pursue any dispute, claim, action or right against any Auctioneer or any seller independently and without recourse to Emax. The Bidder User agrees to release Emax from all and any liability for any dispute, claim, action or right in any way associated with the Bidder User's use of the Website, the Auctioneer Site and the Online Services.

      9.2.5 The Bidder User will be responsible for any losses or damages suffered or incurred by Emax in respect of any inaccuracy of the Bidder User's data due to incorrect input of data by the Bidder User and the Bidder User shall indemnify Emax against all liabilities, costs, expenses, damages and losses (including direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable professional costs) suffered or incurred by Emax arising out of such inaccuracy of data.

      9.2.6 Where, notwithstanding the above, liability is found against Emax for any reason under or in connection with these Bidder Terms, the Auctioneer Site or the provision of the Website and/or the Online Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), Emax's aggregate liability in any calendar year in aggregate for all claims in respect of any Bidder User shall be limited to £100 ("Bidder Cap") per Bidder User provided always that Emax's aggregate liability to all Bidder Users in any calendar year shall be limited to £10,000. Where the total claims made against Emax by Bidder Users in any calendar year exceed £10,000 then the Bidder Cap for each Bidder User shall be reduced accordingly on a pro rata basis so that Emax's total aggregate liability in any calendar year in respect of all Bidder Users never exceeds £10,000.

      9.2.7 The Bidder User agrees to indemnify Emax to the fullest extent available in law where any claim, action or right against Emax arises through the Bidder User's act or omission or breach of any of these terms and conditions. The Bidder User accepts and agrees that Emax may in such circumstances take action against the Bidder User or seek to join the Bidder User to such a claim.

      9.2.8 The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of Emax's employees, agents, affiliates and subcontractors.

      9.2.9 Nothing in these Bidder Terms shall operate to exclude or limit a party's liability for death or personal injury caused by its negligence or for its fraud.

      10. Personal information

      10.1 Emax may make such use of any information (including any personal data) arising from or in connection with or supplied by any Bidder User, as is necessary to provide for the effective provision of the Website and of the Services, and as further provided in Emax's Privacy Policy.

      10.2 Emax may collect certain personal data (including the Bidder User's address, contact number and email address) from the Bidder Users on behalf of the Auctioneers and the Bidder User agrees that Emax is entitled to pass this information to the Auctioneer concerned.

      11. Data Collecting and Sharing

      11.1 The Bidder User acknowledges and agrees that Emax and its auctioneers may collect process and store personal data and feedback regarding transactions Bidder Users have with auctioneers and share this personal data with any auctioneers receiving Emax Services on an ongoing basis to ensure the integrity and reputation of their services and to protect auctioneers and sellers from default.

      12. Confidentiality

      12.1 The Bidder User will keep confidential any information received from Emax in connection with the Services and will not use the information other than as necessary to access and use the Services as expressly contemplated by these Bidder Terms. This restriction shall not apply to the extent the information (a) enters the public domain through no fault of the Bidder User; or (b) is required by law to be disclosed.

      13. Force majeure

      13.1 In no event shall Emax be liable for any delays or failures attributable to any cause beyond its reasonable control. Failures of telecommunications networks, the Internet, and/or Emax's or its subcontractor's IT systems, and the Auctioneer Site, fire, severe weather conditions, industrial dispute, labour disturbance, delay by any government or public or local authority shall without limitation be deemed to be events beyond Emax's reasonable control.

      14. Third party rights

      14.1 This agreement is only intended for the benefit of the parties (i.e. Emax and the Bidder User) and where expressly provided the Auctioneer and Emax's affiliates and subcontractors. The consent of the Auctioneer or Emax's affiliates and/or subcontractors is not required to amend or vary these terms.

      15. Entire agreement

      15.1 These Terms constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.

      15.2 Each of the parties acknowledges and agrees that in entering into an agreement based on these Terms it does not rely on any statement not contained within these Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.

      16. Assignment

      16.1 Emax may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.

      17. General

      17.1 The place of fulfillment is Gessertshausen, Germany. These Website Terms (and accordingly all visits to the Website) shall be governed by the law of the Federal Republic of Germany. German law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is an entrepreneur in the sense of §§ 1,2,3,5 and 6 HGB (German Commercial Code), a legal entity under public law according to § 38 section I ZPO (German Code of Civil Procedure) or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be the place of business of Emax GmbH. The same applies if the customer has no general legal venue in the Federal Republic of Germany or his domicile or normal place of abode is not known at the time a lawsuit is filed. This is without prejudice to Emax’s right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.

      18. These Bidder Terms are subject to change. Emax reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended terms and conditions on Emax Website in the Terms and Conditions page. The amended terms and conditions shall become effective immediately.

      These Bidder Terms were last updated on 02nd April 2015 and replace all previous Emax Bidder Terms.

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