Bidder Terms and Conditions

These are the terms and conditions on which auctionworksonline.net.au (“we/us/our”) is willing to deal with you. Any variation to these terms and conditions must be in writing and signed by an authorised officer of auctionworksonline.net.au

1. Description

As a registered user you will be permitted to participate in an auction as an online bidder, currently via the website at the domain name auctionworksonline.net.au, but otherwise at a domain name as notified from time to time (the Website).

2. Becoming a Registered User

To become a registered user you must successfully complete an application for registration as a registered user via the vendor’s agent. The application incorporates these terms and conditions.

Registered user status is free but non-transferable.

You will be forwarded a link to the designated email address supplied by you when you register with the agent. When opened, the link will require you to confirm your identification before you can enter the bidding page and participate in the auction. The PIN (Personal Identification Number) you select is only to be used by you.

You must be eighteen (18) years old or over in order to apply for and become a registered user.

3. Your Obligations

You will be solely responsible for your participation as an online bidder and any bids you make.

You acknowledge and agree that any online bids made using your PIN have been made by you and are your responsibility.

By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.

Bids are not retractable.

If you are notified that your bid has been successful, you must complete the transaction in the manner stipulated, including by as soon as possible signing the contract for sale and paying the agreed deposit to the nominated stakeholder in accordance with the terms of the contract for sale.

If you are the highest bidder at the completion of the online auction and the property is knocked down to you and for whatever reason you do not or you are not unable to sign the land sale contract in relation to the property you irrevocably appoint:

  • Mr David Scholes (the principal of AuctionWorksOnline and licensed auctioneer in New South Wales under license number 2838 350); and / or 
  • the current general manager of AuctionWorksOnline; and/or
  • the vendor's state agent or the estate agent's auctioneer if one as been appointed (collectively the "Agents")

You acknowledge that we will provide notifications to you during an auction concerning the status of the auction by either email or SMS, or both. You consent to the receipt of such notifications during the auction and agree that such notifications are not unsolicited commercial electronic messages. However, we are not obliged to provide such notifications to you and it is your responsibility to check on the progress of the online auction.

You warrant that:

  • your access to the Website is not illegal or prohibited by the laws which apply to you;
  • you will keep your password secure and confidential;
  • you will not interfere with or disrupt the operation of the Website or its contents;
  • you are over the age of eighteen (18) years;
  • your registered user details are true and accurate at all times;
  • you will notify us immediately of any change to your registered user details as originally given;
  • you are otherwise entitled to participate in the online auction;
  • you will not attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website by any means used to circumvent security procedure, including by hacking or password or data mining;
  • you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission;
  • you will not use the Website in any manner that could damage, disable, overburden or impair it or any service we provide or interfere with any other party’s use and enjoyment of the Website;
  • you will not post or otherwise make available on the Website any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties; and
  • you will not impersonate any person or entity, or otherwise mislead as to the origin of the Information you upload on the Website.

4. The Auction

On the appointed day the auction will commence with the nominated starting price.

Registered users will be entitled to log on to the Website and make a bid.

If the vendor of an auction consists of co-owners and one of the co-owners will be bidding at the auction with the intention of purchasing the property. Notification of this will be provided on the Website during the auction. The bidders number of the co-owner will be notified to all other bidders.

The vendor shall have the right to one bid which will be identified as a "vendor bid".

The auction will be conducted over a period of time and there will be a final auction time nominated.

At the final auction time the highest bid will determine the purchaser and the property will be "knocked down" to that party providing the bid reaches or exceeds the reserve price.

If a bid is received within five (5) minutes of the final auction time, then the final auction time will be extended by five (5) minutes after each additional bid until no more bids within this five (5) minute time period are made. The final auction time, as shown by the timer provided on the Website, is conclusive as to when the auction ends and the property is "knocked down".

If during the period of the auction:

  • the vendor dies or becomes mentally ill or incapable of managing their own affairs; or
  • the property is destroyed or substantially damaged to render it unfit for sale,
  • For any other reason determined by us.

the auction will be terminated and all registered bidders will be notified by the Website. 

5. Reserve Price

There shall be a reserve price nominated by the vendor. It will be provided in writing to our licensed auctioneer.

If a bid is made that is below the vendors written reserve price, the vendor has the right to reduce their reserve price and accept that bid. All viewers of the auction will be notified if the reserve has been reached, if the reserve is yet to be reached or if a decision from the vendor is pending.

If the reserve price is not reached by the end of the auction, the highest bidder shall have the sole right for a period of sixty (60) minutes from the final auction time to meet the reserve price and complete the transaction.

6. Bid Precedence

Bids will be ranked in the following order of precedence:

  • by the amount of the bid; or
  • where two (2) or more bids of the same price are made, by the time of the bid; 

7. Auction Rules

 Except where expressly states in these Bidder Terms and Conditions and at the auctioneer's discretion, the online auction will be conducted in accordance with the rules in relation to property auctions applicable in New South Wales, in particular the Property, Stock & Business Agents Act (NSW) 2002, Part 6, s.77 and Regulations 2003, and specifically; 
the NSW Prescribed Conditions of Sale by Auction.  

  • by the amount of the bid; or
  • where two (2) or more bids of the same price are made, by the time of the bid; 

You agree to comply with any other auction rules set out on the Website. Click here to view the NSW Prescribed Conditions of Sale by Auction.

8. Your Relationship with Us

Nothing in these terms and conditions creates any relationship of employment, agency or partnership between you and us, except where expressly stated.

There is no contract of sale between you and us. In the event that a bid of yours is accepted by the vendor, a contract of sale will be formed directly between you and the vendor.

9. Intellectual Property

These terms and conditions do not give you any Intellectual Property Rights in the Website.

Your details and information that you provide us about yourself or which we gather may be retained by us on our database. You have no rights in that database. We may use such database in the conduct of our business, subject to privacy and other relevant laws.

We may aggregate data for statistical and other purposes.

We are not liable for any infringement or unauthorised use of any Intellectual Property Rights arising from these terms and conditions. If any dispute or claim is made in respect of any infringement or unauthorised use of Intellectual Property we may terminate these terms and conditions by notice to you and without liability to you or any other person.

In these terms and conditions, Intellectual Property includes the full benefit of any rights in any copyright, trade mark, registered design, patent, trade and business names, inventions, knowhow, inventions, improvements, discoveries, confidential processes and information and includes without limitation the look at feel of websites, artistic works, images, designs, motifs and photographs and any adaptation or concept relating to it.

10. Warranties

We offer no warranties in relation to the properties sold or listed pursuant to the auction process. We do not warrant the truth or accuracy of listings and we have no control over representations made by the vendor or its agent.

Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website up to date.

We cannot guarantee continuous or secure access to our services (including our online auction services) and the operation of the Website may be interfered with by numerous factors outside our control.

You acknowledge that we make no representation as to the ownership or title in auctioned properties or as to the ability of the vendor to complete the transaction.

No data transmission over the Internet can be guaranteed as totally secure. Whilst we will use best endeavours to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Despite this, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or liability under, any such condition or warranty but allows limitation, that condition or warranty is limited to supplying the service again.

11. Limitation of Liability

Under no circumstances are we liable for special, indirect or consequential loss or damage of any kind including any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable, which you may directly or indirectly suffer, including in connection with:

  • your use of the Website;
  • your use of or reliance on the information contained on or accessed through the Website, including in relation to its accuracy, adequacy and currency;
  • a bid not being processed due to technical difficulties affecting our system;
  • any property supplied pursuant to an online auction offered over the Website;
  • a failure or omission on the part of the other party to a transaction to complete the sale;
  • the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.

In the event that your bid is accepted, you and the vendor will have an obligation to complete the transaction. This is the responsibility of you and the vendor, not our responsibility. If you have any doubts about the ability of the vendor to discharge its obligations in this regard, it is your responsibility to make all necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances.

Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

12. Indemnity

You release and indemnify us against all actions, claims, demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of the sale.

You also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

13. Consumer Credit Code Excluded

You acknowledge that:

  • you are not an associate or related body corporate or related party or related entity of ours (as such terms are defined in the Corporations Act 2001); and
  • the Consumer Credit Code does not apply to these terms and conditions.

If, at any time:

  • you believe that you may not or may be unable to perform or comply with your obligations under these terms and conditions;
  • you are or become insolvent or you have an administrator appointed; or
  • there is a change or a change is proposed to your shareholding, shareholders or directors,

you agree that:

  • you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists; and
  • we have no obligation to you and will terminate your registered user status while a notifiable event exists.

For the purpose of these terms and conditions, you are insolvent if:

  • a receiver or receiver and manager or an agent for a mortgagee in possession has been appointed over all of your assets and undertakings;
  • you have passed an effective resolution for your voluntary winding-up;
  • an order has been made by a Court of competent jurisdiction for you to be wound up;
  • a compromise arrangement (excluding a voluntary administration) has been made legally binding on you and your creditors;
  • you have presented a debtor’s petition and it has been accepted by the Registrar in Bankruptcy;
  • you have entered into a composition, deed of assignment or deed of arrangement under Part X of the Bankruptcy Act (or equivalent) with your creditors; or
  • a legally binding sequestration order has been made against your estate.

14. Termination of your registered user status

Your registered user status may be terminated at any time by us without notice. Clauses 2, 3, 8, 9, 10, 11, 12, 13, 14, 16 and 18 will survive any termination of your registered user status.

15. General

The application for registration as a registered user, these terms and conditions and any other rules or terms and conditions set out on the Website form the entire agreement on which we are willing to deal with you and all or any previous agreements or understandings we may have had with you are superseded by these terms and conditions.

We may alter these terms and conditions at any time upon one (1) months written notice. All transactions after the date specified in such notice will be subject to the altered terms and conditions. If you continue to trade with us after the date such alterations become effective you will be deemed to have agreed to the altered terms and conditions.

You must not assign any rights or benefits under these terms and conditions.

To the extent of any discrepancy between these terms and conditions and any third party (including your own) terms and conditions these terms and conditions prevail.

These terms and conditions are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia.

The Supreme Court of New South Wales shall have the jurisdiction to settle any disputes which may arise in connection with these terms and conditions.

If we waive any rights available to us under these terms and conditions on one or more occasions, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, despite this the remaining terms and conditions will continue in full force.

The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated by us to the contrary.

16. Privacy

Certain information that you provide to us about yourself is subject to our Privacy Policy. Click here to view our Privacy Policy.

17. Interpretation

In these terms and conditions unless otherwise indicated by the context: (i) reference to a party to a document includes that party’s successors and permitted assigns; (ii) "including" and other similar words are not words of limitation; (iii) an agreement, deed, covenant, representation or warranty on the part of two or more persons binds them jointly and severally; (iv) any indemnity given under these terms and conditions is an irrevocable, unconditional and continuing indemnity; and (v) general words following words describing a particular class or category are not restricted to that class or category.

18. Acknowledgements

You acknowledge that:

  • The auctioneer is conducted online and where applicable and at the discretion of the auctioneer the auction will generally be conducted in accordance with the NSW Prescribed Conditions of Sale for real property auctions in the State of New South Wales;
  • by bidding at the online auction, you acknowledge that you have read and understood and understood these Bidder Terms and Conditions and all other requirements of you in relation to the online auction;
  • you have had an opportunity to seek legal advice in relation to the land sale contract relevant to the property you are bidding on and by submitting bids in relation to the property you are confirming that you wish to proceed with the purchase of the property in its current 'as is' condition and in accordance with the terms set out in the land sale contract;
  • you understand that your obligations in relation to the land sale contract are governed by the laws and regulations regarding the purchase of land and buildings that apply in the State where the property is located, and you agree to be bound to and comply with those laws and regulations;
  • if you are the successful bidder, you undertake to pay the deposit due under the land sale contract by bank cheque or cleared funds as directed by the sole stakeholder under the land sale contract within 24 hours of the completion of the online auction; and 
  • you understand that there are no 'cooling off' provisions under any State laws that apply to auction contracts, including the land sale contract arising from its online auction, and that you will be bound to complete the land sale contract if you are the highest bidder at the completion of the online auction and the property is knocked down to you.