TERMS AND CONDITIONS
1. ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and DMVauctions.Please read them carefully.
2. CHANGES
DMVauctions may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
3. ACCESS
You are granted a non-exclusive, limited and revocable license to access the website and use its functionality on the condition that:
(a) You are over the age of 18;
(b) You only use the website for lawful purposes;
(c) You do not engage in any improper, indecent, or offensive behavior while using the website; and
(d) You are not breaking any law in your relevant jurisdiction by accessing this website.
4.REGISTERING AN ACCOUNT
4.1 Users may access and view certain areas of the DMVauctions website without registering their details including the Listings pages. However, certain areas of the website are open only to Members.
4.2 Each user warrants and represents that all information and documents provided to DMVauctions, the Seller or their representative, or any other user of the website during the Account registration process or at any time via the website or otherwise in relation to an Auction is and shall be up-to-date, complete, truthful, accurate and not misleading.
4.3 You must create and register an account before you will be able to Bid in an Auction.
4.4 In order to Bid in an Auction we will ask you to provide to us and/or our Payment Processor certain information and documentation which may include, without limitation: (a) Proof of your identity; (b) Proof of your address; (c) Your bank or credit or other card details.
5. ACCOUNT SECURITY
5.1 If you choose, or you are provided with, an Account username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 DMVauctions has the right to disable any username or password, whether chose by you or allocated by us, or suspend or terminate your Account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
6. AUTHORITY
6.1 Each user warrants and represents that they have the authority to use the DMVauctions website, register to participate in an Auction, Bid on a Property and enter into a binding contract to purchase a Property, whether on behalf of another person or Purchaser or otherwise.
6.2 Where a user creates an Account and/or uses the website on behalf of another person, such user warrants and represents that they have the authority to bind that represented person to these terms.
7. LISTINGS
7.1 DMVauctions will use its reasonable endeavors to make Listings for forthcoming Auctions available for viewing on the website.
7.2 Users who wish to make an inquiry of the Seller should contact the Seller as referenced in the applicable listing.
7.3 The information contained in a Listing is provided for general guidance and for illustrative purposes only. DMVauctions accepts no responsibility for, and, to the fullest extent permitted by law, exclude any liability for, any loss or damage whatsoever arising out of or related to the accuracy or completeness of any information contained in a Listing or for any action taken in reliance on such information by any person whether Bidder or potential Bidder, Purchaser, potential Purchaser or otherwise.
8. BEFORE BIDDING
8.1 Any Bidder shall be deemed conclusively to have read, understood and agreed to these Terms and any documents to herein including but not limited to the Privacy Policy.
8.2 Any Bidder shall be deemed to have taken all necessary legal and professional advice and to have made inquiries and have knowledge of all alterations and amendments to the Listing that there may be in relation to an individual Property for which such Bidder proposes to Bid and the Bidder shall be deemed to have full knowledge of all notifications and announcements via the website.
9. COMPLAINTS
DMVauctions aims to carry out all auctions in an efficient and professional manner. DMV auctions, therefore, hopes that the Buyer will not find cause for complaint but recognize that in an isolated circumstance there may be complaints. These should be addressed initially to the customer service team.
10. NO RELIANCE ON INFORMATION
10.1 The content on the website is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on the website including any Listing and any decision to Bid on a Property.
10.2 Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up to date.
11. GUIDE PRICE AND RESERVE PRICE
11.1 The reserve price is not disclosed and remains confidential between the Seller and DMVauctions.
11.2 Where applicable, the Guide Price shall be displayed or referenced on the relevant Listing.
11.3 Both the Guide Price and the Reserve Price are subject to change up to and including the day of the Auction.
12. SECURITY AUTHORISATION AND DEPOSIT
12.1 A security payment or pre-authorization may be required in order for a user to place a Bid (“Security”), in advance of the Auction Start Time.
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- DMVauctions will handle the security as follows:
(a)Security Authorization:
Where applicable, we may require a pre-authorization hold on a user debit or credit card in order to allow a user to place a bid. The amount of the security authorization will typically be 10% of the Guide Price.
Funds in respect of the security authorization will not leave a Bidder’s account unless such Bidder wins the applicable auction.
12.3 Where DMVauctions accepts payment of the Security from a Bidder via debit or credit card and the Bidder is unsuccessful in the applicable Auction, DMVauctions will return the security to the bank account which the payment originated.
12.4 The security for unsuccessful Bidders in an Auction shall be released or, as the case may be, refunded, within five business days at the end of the Auction.
13. BIDDING
13.1 Once a user is registered to Bid for a particular Property, and the relevant security has been held or received in accordance with clause 12, a Bidder may submit a Bid or Bids by either:
- Once a user click’s on the Bid button;
- Submitting a starting Bid and maximum Bid Amount.
13.2 Once a Bid has been lodged it cannot be withdrawn.
13.3 The applicable Bidding increments shall be set out on the applicable Listing.
13.4 The highest unique Bid meeting or exceeding the reserve price shall be deemed the winning Bidder.
13.5 Each Bidder will be notified of the outcome of an Auction at the end of the Auction.