Auto Auctions NI.com

The following describes the terms on which Auto Auctions NI offers you access to our services

Welcome to Auto Auctions NI. These terms and conditions apply to the services available from the domain of http://www.autoauctionsni.com (the "Site"). In this User Agreement, Auto Auctions NI is known as "Auto Auctions NI", "we", "us" or "our". "You" means the person accessing and using this website and / or the legal entity you represent during the course of employment or engagement by that entity.

Your use of our services is governed by the following terms and conditions (including any additional terms which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member of Auto Auctions NI, you must read and accept all of the terms and conditions of this User Agreement and each of the additional terms referred to in this User Agreement. The User Agreement constitutes a legally binding agreement between you and Auto Auctions NI, and is effective upon acceptance for new users.

We may need to change these terms and conditions from time to time. For new users, changes will take effect when posted on the website. For existing users changes will take effect 7 days after email notification has been sent. The terms and conditions current at the start of a transaction will apply until that transaction is completed. If you continue to use the services after you have been notified of any changes to the terms and conditions, we shall deem you to have accepted said changes.

Using Auto Auctions NI

You may not use the Site if you are under the age of eighteen or are not able to form legally binding contracts, or if your Auto Auctions NI membership has been suspended.

While using the site, you will not:

? break any laws or otherwise infringe the copyright, trade mark or other rights of third parties;

? commit a breach of our policies, including policies within any links detailed below;

? fail to pay for items purchased by you, unless the seller substantially changes the description of the item after you place a bid on the item, a clear typographical error is made, or the seller's identity cannot be authenticated;

? fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or the buyer's identity cannot be authenticated;

? manipulate the price of any item or interfere with other users' listings;

? post, list or upload false, inaccurate, misleading or defamatory content (including personal information);or

? collect information about users, including email addresses, without their consent.

If you are registering with Auto Auctions NI as, or on behalf of, a business entity you must have the authority to legally bind that entity. If you are trading as a business on Auto Auctions NI, all applicable laws relating to online trading must be adhered to.

Rules for all Users

Auto Auctions NI?s policies are rules and guidelines that help to create a safe trading environment for all members. As a user of the Site, you are responsible for examining and adhering to Auto Auctions NI?s policies, and all applicable laws and regulations.

The intention of Auto Auctions NI?s policies is to support government laws and regulations. Alongside this they provide equal opportunity and minimise risks to buyers and sellers alike.

User Conduct

In order to protect our members we have specific rules surrounding user conduct. Auto Auctions NI members cannot:

? interfere with the Auto Auctions NI site;

? use profanity on the site (including their user ID);

? continue to use the site if a member?s account is suspended.

Auto Auctions NI expects you to treat member identity with a high level of respect; as such Auto Auctions NI members:

? cannot misrepresent their identities;

? must always provide valid and complete contact information and must always have a valid email address;

? cannot publish the contact information of other members in an online public area.

We also have certain rules surrounding communication with other members. Auto Auctions NI members cannot misuse the email forwarding system, send unsolicited email (spam) or email threats to other members.

If you believe a policy breach, listing violation or trading offence has occurred, please report it at support@autoauctionsni.com stating the listing reference number or User ID.

Once your report is received, we will consider the circumstances surrounding an alleged offence before taking action. Auto Auctions NI may not take action against the other member if a complaint can't be proven with certainty. Unfortunately we cannot discuss the outcome of any investigations due to privacy issues.

Rules for buyers

Buyers must pay for all items they commit to purchase, whether in auction style or classified listings. You must only bid on an item if you intend to purchase the item, as each bid within an auction is a binding contract.

All bidders on an item must be wholly independent from the seller, and bids cannot be placed in auction style listings with the intention of raising the final selling price.

Please ensure that you meet the sellers? terms before placing an offer (see the listing for details of individual sellers? terms).

If it is determined that you have breached this policy, the listing may be cancelled, your account may be suspended and / or the fees paid on cancelled listings may not be refunded to the seller.

Rules for Sellers

In order to avoid unintentionally breaking the rules surrounding selling items on Auto Auctions NI, please examine our selling policies before listing your items. We update our policies in response to the marketplace and security issues, so it is important to regularly check for changes.

If you are found to be breaching these policies, we may take any of the following actions: cancel your listing and / or suspend or cancel your account. Policy breaches may also cause you to forfeit any fees paid on cancelled listings.

Sellers must deliver an item for which they have accepted payment, and must ensure they meet the terms and transaction content outlined in the listing. They cannot refuse to accept payment for an item at the end of a successful sale.

Sellers must ensure that they, or the entities they represent, legally own the item being listed and that any outstanding finance attached to any vehicles listed has been paid in full.

All relevant fees must be paid by sellers.

Sellers must not bid on their own item, or ask any other person to bid on the item with the intention of increasing the final selling price.

Business Sellers

The Unfair Commercial Practices Directive (April 2008) makes it an offence in the UK for a business to falsely represent itself as a private individual. If you are misleading potential buyers into thinking that you are a private individual when you are in fact a business seller (ie: by not registering as a business seller with Auto Auctions NI), you will be breaking the law.

Business sellers should be aware that you are subject to certain legal obligations relating to the type of items being sold and laws that apply to online sales:

The Sale of Goods Act 1979

- sellers are responsible for ensuring that any goods they sell on Auto Auctions NI are:

? in accordance with the description they have given in the item listing;

? of satisfactory quality; and

? fit for their purpose.

The Trade Descriptions Act 1968

- makes it an offence for sellers to:

? apply a false description to any items; or

? supply or offer to supply any items to which a false description is applied.

The Road Traffic Act 1988 (as amended)

- makes it an offence to:

? sell (or offer for sale) a vehicle in an unroadworthy condition; or

? alter a vehicle so as to make it unroadworthy.

The Consumer Protection (Distance Selling) Regulations 2000

These apply to sales where no face-to-face contact is made between the seller and buyer in fixed price listings. Business sellers on Auto Auctions NI should:

? provide clear information about themselves and their items; and

? provide consumers with a period of seven working days in which the consumer can cancel the contract (often referred to as the "cooling off" period).

Under the Electronic Commerce (EC Directive) Regulations 2000 the seller must also provide:

? the name, geographic address and email address of the seller's business;

? details of any relevant trade organisations to which the seller belongs;

? details of any authorisation scheme relevant to the seller's online business; and

? the seller's VAT number, if the online activities are subject to VAT.

Abusing Auto Auctions NI

Please report any problems, offensive content and policy breaches to us at support@autoauctionsni.com as soon as possible.

There are a number of reasons we may cancel a listing or bid, limit your use of our service, cancel your account, or take action to prevent you using the site (this list is not exhaustive):

? we believe you are creating problems, harassing other users or exposing us or another Auto Auctions NI user to financial loss or legal liabilities;

? we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies; or

? despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

You agree not to hold Auto Auctions NI responsible for any loss you may incur as a result of us taking any of the actions described above.

Using information about other Auto Auctions NI users:

In order to complete transactions, users may share personal and financial information via the site. Users may obtain access to each others name, User ID, email address, other contact information and postal and financial information.

We can not ensure that other users will treat your information or privacy with respect, so we advise that you evaluate the privacy and security policies of your trading partners before entering into a transaction or sharing your information with them. We ask that you respect other users? privacy and information, and in all cases you must give other users the chance to remove themselves from your database and / or review the information you have collected about them. We also advise that you display your policies on privacy and security of information to other users.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for: Auto Auctions NI transaction related purposes that are not unsolicited commercial communications; using services offered through Auto Auctions NI; and other purposes that a user expressly agrees to.

Fees

Joining Auto Auctions NI and bidding on listed items is free. We do, however, charge fees for other services, such as listing items. The Auto Auctions NI fees policy is subject to change from time to time. Changes to fees will take effect 7 days after we notify you of them either by email or once the information appears on the Site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.

You are responsible for paying all fees and applicable taxes associated with the Site by the requested date, and with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection methods. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by email.

Liability

You will not hold Auto Auctions NI responsible for other users? actions or inactions. While Auto Auctions NI is referred to as an online auction website, we are not a traditional auctioneer. Instead, the Site offers a space where members can sell and buy a vehicle via either auction-style listings or classified listings. We do not have possession of anything listed or sold through the Site at any time.

We do not monitor the items listed or the content of listings, and are not party to the transaction between seller and buyer. You will not hold Auto Auction NI responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off Auto Auctions NI) or for ensuring that they actually complete transactions.

We have no control over, do not guarantee, and you will not hold us responsible for:

? the quality, safety or legality of items advertised;

? the truth or accuracy of listings;

? the truth or accuracy of other content posted by users on the Site;

? the ability of sellers to sell items;

? the ability of buyers to pay for items; or

? whether a buyer or seller will actually complete a transaction.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.

While we do our utmost to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Auto Auctions NI cannot confirm that the information provided by users or posted on the Site regarding their identity is true or accurate.

While we will do our utmost to provide an uninterrupted service, the operation of the Site may be affected by matters outside our control. As such we cannot guarantee continuous or secure access to our services. We shall not be held liable for any losses incurred by you or the business entity you represent as a result of the Site being unavailable, or as a result of your use of the Site.

In the event of a dispute with another user, you release us from claims and damages of every kind and nature arising out of or in any way connected to such disputes.

You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.

Privacy

We do not release your personal information to third parties for marketing purposes without your express consent. Your information will only be used in the ways outlined in the Auto Auctions NI Privacy Policy. We take protection of users' privacy very seriously. You can access and modify the information you provide us by signing-in to your account. If you object to your information being transferred or used in this way please do not use our services.

Notices

Any notices will be sent to you via email or by registered mail to the address specified in your user account. Notices sent via email shall be deemed to have been received by you 24 hours after sending. Notices sent by registered mail shall be deemed to have been received 3 days after sending.

Dispute Resolution

If a dispute arises between you and Auto Auctions NI, or between you and another user, we strongly encourage you to first seek a resolution by contacting the other party. If a resolution cannot be met between users please contact Auto Auctions NI customer support at support@autoauctionsni.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.