"We" are AuctionYourProperty Limited (company number 5453682) and our registered office is at 3 Belgrave Gardens St Johns Wood London NW8 0QY. References to "we" or "us" are references to AuctionYourProperty Limited.
When you use the auctionyourproperty.com site ("the Site"), you agree to be bound by this user agreement. If you do not agree to be bound by this user agreement, you may not use the Site.
The user agreement can only be modified with our consent and you agree that they may be changed by us at any time. Any references to "he" in this user agreement should be taken as a reference to "she" where appropriate.
2. INTELLECTUAL PROPERTY
The copyright and all other intellectual property rights in the Site (including all trade mark rights in any trading names used on the Site and any and all copyright in any text, graphics, code, files and links on the Site) belong to us or the relevant licensor. You may download material from the Site for the sole purpose of using the Site. That said, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Site without our prior written consent.
3. YOUR OBLIGATIONS AND CONDUCT
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use the Site and that your computer system is compatible with the Site.
You must not misuse our system or the Site. In particular, (i) you must not hack into, circumvent security or otherwise disrupt the operation of our system and the Site, or attempt to carry out any of the foregoing, and (ii) you must not post any material that is offensive in any way whatsoever.
In order to access details of properties on the Site, or have the right to list a property on the Site, you must submit a completed registration form to us together with such appropriate identification documentation as we may request. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
Once you are registered, you acknowledge and agree that you will only be able to list a property on the Site once you have paid the £250 fee, and that you are required to pay the £250 fee in respect of each and every property you wish to list. We reserve the right not to list any relevant property until the respective £250 is received by us in cleared funds. In the event that we list a property without receiving cleared funds, we reserve the right to de-list that property if the funds are not subsequently received within 7 days. The £250 listing fee is subject to any promotional offers clearly stated on the Site.
You agree to pay the appropriate sum for any additional goods or services that you wish to purchase from us.
Each registration is for a single user only. You may not share your user name and password with any other person nor with multiple users on a network.
You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on the Site. You will notify us immediately of any unauthorised use of them or any other breach of security of the Site of which you become aware.
5. BARRING FROM THE SITE
We reserve the right to bar users from the Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user. In such circumstances, we will not be liable to refund any monies to you if such barring results from a breach of this user agreement.
6. NO WARRANTIES OR REPRESENTATIONS
The details of the properties available on the Site, and the identity of the buyers and sellers listed are provided for your information only. Please note that we cannot check these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
Whilst we endeavour to ensure that any material available for downloading from the Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
Due to the nature of the internet, we do not warrant that your access to, or the running of, the Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
The Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranty, representation or statement as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from the Site, you do so at your own risk.
We make no warranty, representation or statement that the Site or information contained within it complies with laws other than those of England & Wales. If you choose to list property situated outside of England & Wales you do so entirely at your own risk. You should be aware that certain foreign jurisdictions may have specific laws and regulations on the sale of property which this site may not comply with and you hereby agree that you waive any claim you may have against us in the event that your listing of a property on the Site contravenes any foreign law or regulation. We recommend that you obtain appropriate foreign legal advice prior to putting your foreign property up for sale.
Nothing in this user agreement shall be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
Subject to clause 7.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of the Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable to you for:
any indirect, consequential, special or punitive loss, damage, costs and expenses;
loss of profit;
loss of business;
loss of reputation;
depletion of goodwill; or
loss of, damage to or corruption of data.
8. INFORMATION FOR BUYERS
It is the responsibility of all buyers to ensure that they have viewed and inspected any property before bidding on it, or making a private offer for it.
It is the responsibility of all buyers to ensure that they have read and understood any conditions of sale (including, without limitation, any special conditions of sale) in respect of any property prior to making any offer or bid so that they are fully aware of any deviations from general conditions of sale that may exist in respect of the relevant property. It is also the responsibility of the buyer to undertake all due diligence which it considers necessary prior to making any offer or bid. The legal documents relating to any property may be available from us, if the relevant seller has sent them to us, for a charge of £10, or from the seller directly.
9. INFORMATION FOR SELLERS
You acknowledge and agree that when you list your property on the Site, it is submitted for auction.
If the property is submitted for auction, you agree that when acting as a seller:
the start price for any property that is listed for auction must be less than the reserve price;
we have the right to alter and amend your start price solely to facilitate the sale of your property;
prior to the commencement of the relevant auction you can change any details relating to the relevant property in any way you choose other than the reserve price, which can only be adjusted downwards by you unless we consent otherwise;
once the relevant auction has started, you cannot edit any details relating to the property other than the reserve price, which can be adjusted downwards only;
once the relevant auction has started you cannot withdraw your property from the auction;
you cannot bid on your own listed property; and
any legal documents you submit to us will be sent to any registered user of the Site on request by them.
10. BINDING LEGAL AGREEMENT
Subject to Clause 10.3, in the event that you bid on a property, and that bid: (i) is the highest bid at the end of the auction; and (ii) equals or exceeds the relevant reserve price, you understand that a binding legal agreement is formed between you and the seller of that property at the moment the auction ends for the amount of the bid on the terms and conditions set out in the common auction conditions, which are incorporated by reference into this user agreement. You also agree and acknowledge that in such circumstances you will immediately become liable to pay the buyer’s administration charge in the sum of £250 to AYP.
In the event that you list a property for auction, and the highest bid at the end of the auction equals or exceeds your reserve price, you understand that a binding legal agreement is formed between you and the maker of that highest bid, at the moment the auction ends for the amount of the bid, on the terms and conditions set out in the common auction conditions, which are incorporated by reference into this user agreement.
Prior to the auction taking place, if you are a buyer, you agree to send a deposit of 10% to AYP. You acknowledge that if the 10% deposit cheque is not received by AYP prior to the start of the relevant auction, or if any of the other relevant requirements as set down by the common auction conditions are not met, then AYP has the right not to recognise any bid you make. In the event that your bid is unsuccesful, any deposit cheque will be destroyed by AYP.
If you are acting as a buyer, you acknowledge that in the event of the seller's failure to adhere to the binding contract between you and the seller, you have no claim whatsoever against us and, to the extent it may be determined by a court that, notwithstanding the provisions of this clause, you do have a claim against us, you waive any claim that may exist against us for recovery of the deposit or any other damage or loss you suffer as a result of that breach.
If you are acting as a seller, you acknowledge that in the event of the buyer's failure to adhere to the binding contract between you and the buyer, you have no claim whatsoever against us and, to the extent it may be determined by a court that, notwithstanding the provisions of this clause, you do have a claim against us, you waive any claim that may exist against us for recovery of any damage or loss you suffer as a result of that breach.
11. LEGAL JURISDICTION
This user agreement shall be governed by English Law.
You irrevocably agree that the courts of England & Wales will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this user agreement and you submit to the exclusive jurisdiction of the Courts of England & Wales in connection with such matters.
All notices shall be given to us by email at the following e-mail address:
All notices sent by e-mail will be deemed to have been received on the day of receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notices sent by post will be deemed to have been received 3 working days after the date of posting.
We may from to time to time change the content of the Site or suspend or discontinue any aspect of the Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to the Site will be subject to this user agreement.
The user agreement is the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of this user agreement cannot be enforced, that particular part of this user agreement will not apply, but the rest of this user agreement will.
A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions.
Failure or delay in exercising any right under this user agreement shall not prevent the exercise of that or any other right.
You may not assign or transfer any benefit, interest or obligation under this user agreement. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this user agreement.