Terms

This is the legal bit. You can read through all of the dos and don'ts of using AuctionFox here.

Terms of Use

By browsing or accessing content or data on the auctionfox.com.au site or mobile app which are owned by Auction Fox Pty Ltd ACN 612 951 416 (“AuctionFox”, “We”, “Us”, “Our”) you agree to be bound by these terms of use (“terms”). Please read them carefully.

These terms together with the AuctionFox Privacy Policy, govern your use of and access to the AuctionFox websites, mobile sites and mobile apps (“Products”).

We may change any or all of the terms at any time by publishing changes here. AuctionFox may, in its sole discretion, modify or revise these terms and any applicable policies at any time, and you agree to be bound by such modifications or revisions. Your continued or subsequent use of the Products constitutes your acceptance of those terms. If you do not agree to the terms you must cease using the Products.

No representation about access or availability

We make no representation or warranty that your access to the Products will be uninterrupted, timely, secure or error free. Your access may be interrupted without notice as a result of system failure, maintenance and/or repair and other reasons beyond our control.

We also reserve the right to change all or any part of the Products’ sites or services without notice including changing the path or location of any link, subdomain or content.

No warranty about accuracy or reliability of data or content

We do not make any representation or warranty that any data or content on the Products will be reliable, accurate or complete. AuctionFox and its related entities, directors, officers and agents accept no liability or responsibility for any direct or indirect loss or damage which may be suffered by anyone as a result of relying on anything contained in or omitted from the Products or any related publication.

Prohibited use of the Products

You must not:

  1. use the Products, intentionally or unintentionally, to violate any applicable local, state, national or international law;
  2. violate the rights of any person, including copyright, privacy right, or any other intellectual property or proprietary right;
  3. use the Products or information, content, data or contact details on the Products to transmit or authorise the transmission of junk mail, unsolicited emails, instant messaging, spamming or any form of unauthorised communications;
  4. by any means do anything to interfere or attempt to interfere with the proper working of the Products regardless of the means;
  5. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  6. use the Products to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene;
  7. directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan or other malicious code or item of a destructive nature in or on the Products, or in any manner whatsoever corrupt, degrade or disrupt the Products;
  8. reformat or frame any part of the Products without our written permission;
  9. use any robot, spider, site search/retrieval application, offline reader, or other device to retrieve or index any part of the Products;
  10. make copies in any form of all or parts of the content and/or data on the Products other than as reasonably required for your personal non-commercial use;
  11. use any content or data on the Products to compete with us in any way we have not authorised in writing;
  12. use the Products including any data or content from the Products in any way which we believe, at our sole discretion, is not reasonable.

AuctionFox in its sole discretion, reserves the right to remove or restrict your access to the Products for any reason. Without limiting AuctionFox’s rights, in particular AuctionFox may remove your access to the Product if it reasonably believes you are carrying out one of the prohibited uses referred to in this term.

Intellectual Property

You acknowledge and agree that all copyright and other intellectual property rights in the content and data on the Products, other than contributions made by you, are owned by or licensed to AuctionFox and that nothing conveys you any right to title or interest in the content and data except for where expressly provided for in this agreement.

AuctionFox contains material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise,  you may reproduce and display such material for your own personal, non-commercial use only.

Your material and contributions

AuctionFox may permit you to make contributions of your material in the form of data or content. and you retain sole responsibility and accept all liability for them. AuctionFox does not accept any responsibility or liability in connection with your material and contributions and assumes no responsibility for monitoring them. AuctionFox does not endorse the information in your material including any opinion, recommendation or advice expressed and is under no obligation to treat them as confidential information.

AuctionFox may at any time, without liability to you, remove, alter or disable access to any or all of your material without prior notice to you. Without limiting the previous sentence, AuctionFox may remove or disable access to any or all your contributions if it considers that they: are in breach of any law or regulation; infringe the intellectual property rights of any third party; are the subject of a take-down notice from a regulatory body or any relevant authority; directly or indirectly involve the advertising or marketing of any products or services; are misleading or deceptive; are inappropriate; are likely to cause offence or obscene or defamatory; are materially incorrect; are otherwise unlawful; are corrupted by a code, virus or similar.

You retain your ownership rights in your materials and contributions. We are not required to treat your materials as proprietary information but to the extent that any materials and contributions are proprietary in nature, you grant AuctionFox a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform them throughout the world in any media, whether currently in existence or not. You also grant each user of the Products a nonexclusive licence to the same rights as permitted by AuctionFox and these terms.

You represent and warrant that you own and control all of the rights to your materials and contributions; or you have the lawful right including any consents and permissions to use them and authorise AuctionFox to display the materials and contributions in the Products. You also grant AuctionFox the right to use your name and/or the name provided with your materials.

For any contribution that you may retain moral rights in, you waive and agree not to assert any entitlement to any and all moral rights of an author in any and release AuctionFox from any claims that you could assert because of such moral rights.

You understand that when accessing the Products, you may be exposed to materials and contributions from other users. You acknowledge and agree that AuctionFox has no control of and is not responsible for these contributions and release AuctionFox from any claims that you could assert against AuctionFox in connection with these materials and contributions.

Third party websites/services, advertising and linking

On the Products we may feature or display links and functionality directed to websites and services operated by third parties. These websites and services are not part of AuctionFox and are not under our control so we do not accept any responsibility in relation to them. If you link to them and leave the Products, you do so at your own risk.

AuctionFox may on the Products feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Products, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

You must not link to the Products or any content or data on the Products from any other website/service or otherwise authorise any other person to link from a third party website to the Products without our prior written consent.

We reserve the right to require that you do not link to anything on the Products and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right.

Notify us

If you think that the Products have been accessed or used by another user in breach of these terms, please email us at contact@auctionfox.com.au. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

Limitation of Liability

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Products that are not expressly set out in these terms.

In relation to any express warranty or condition set out in these terms in connection with goods or services supplied or offered by us via the Products, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with AuctionFox and the Products.

Warranty

You represent and warrant that your use of the Products will comply at all times with these terms and any directions published from time to time or given to you directly by AuctionFox.

Indemnity

You agree to fully indemnify and hold us including our officers, agents, partners and employees and those of our affiliates harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Products, including any breach by you of these terms.

Severability

If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the, which shall remain in full force and effect.

Waiver

AuctionFox does not waive a right, power or remedy under these terms if it fails to exercise or delays in exercising a right, power or remedy. A single or partial exercise of a right, power or remedy by AuctionFox does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy by us must be in writing and signed on behalf of AuctionFox.

Applicable law and jurisdiction

These terms and our privacy policy will be construed in accordance with and governed by the laws of Victoria, Australia. By using the Products you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Victoria.