Terms and Conditions

LegalNames.com.au - BIDDERS AGREEMENT

The following terms and conditions govern the Service that we offer to you ("the Bidders Agreement").

Please read these terms and conditions carefully. Upon completion and submission of your registration details (and for all bidding conducted by you under those details), you are deemed to have accepted, and will be bound by these Terms and Conditions, as amended and varied from time to time.

1. GENERAL

1.1 Terms And Conditions

(a)

The meaning of defined terms used throughout this Bidders Agreement are contained in Clause 12 of this Bidders Agreement.

(b)

The terms and conditions contained in this Bidders Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. These are important conditions for the use of the service. If you breach any of these conditions, we at our reasonable discretion, may decide not to allow you to participate in the Service or if necessary claim damages against you. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please read our Help pages. If these pages do not answer your question, please contact our help desk at LegalNames.com.au Help Centre

(c)

We may amend this Bidders Agreement from time to time by posting new terms and conditions on this Site. These amendments will take effect 7 days after the changes have been posted on the Site. You should review this Bidders Agreement from time to time for any amendments. These terms and conditions are effective as at 1 July 2009. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this Bidders Agreement will constitute your acceptance of the new terms & conditions applying to the Service.

(d)

Please note that additional conditions governing the Service and your relationship with us are contained in other LegalNames.com.au website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the terms and conditions contained in this Bidders Agreement. In particular, please carefully read all information relating to the Sale Overview which contains important information relevant to each particular sale on the Site.

1.2

Use Of The Service For Online Auctions

(a)

The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service, without our prior written consent.

(b)

If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.

(c)

Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect you to have engaged in fraudulent activity in connection with the Site.

REGISTRATION

2.1

Registering For Use

(a)

You must register your details with us to use the Service (your “Account”). Registration is free and does not oblige you to purchase anything unless you make a bid.

(b)

You agree that you will not, in registering for and using the Service, use a false or misleading name or give false or misleading information, and notwithstanding which, your obligation to purchase as a Winning Bidder shall not be abrogated by reason of the provision by you of any false or misleading information. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected Winning Bidder’s emails and misplaced data deliveries) as may occur because you have not provided us with complete and accurate information.

(c)

When you register for the Service, you must choose your user name and password. You must have a valid user name (or “login”) and password before you can bid on items on the Site. You are responsible for the security of your user name and password. You authorise us to assume that anyone using your user name and password is you or someone authorised by you. Unauthorised access and use of your details will, under no circumstances, negate your liability for any bids made on the Site or any obligation to purchase an item which may result from such use. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.

(d)

We will use our best endeavours to send notifications to you by e-mail of:

(i)	the status of an online auction in which you are participating, such as ‘you have been outbid’ e-mails, or “you are the Winning Bidder” emails;
(ii)	newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form,

however, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.

(e)

We will use your personal data strictly in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.

(f)

You may request that your Account be closed by contacting our LegalNames.com.au Help Centre with a closure request. You may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account by closed.

2.2

Eligibility to Participate

You must be able to form legally binding contracts to use the Service. This means that if you are under 18 years of age or otherwise legally prohibited from entering into binding contracts on behalf of the registered part, you must not use the Service.

You must be able to comply with

2.3

Registration Process

As part of the registration process, we will send you an activation email. Your account will not be activated until you have responded to this email.

2.4

Your Information

(a)

Your information includes any information you provide to us during the registration, online auction bidding process, your bidding activity at an online auction and product preferences in any public message area or through any e-mail feature (Your Information).

(b)

You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate. For example, if we believe Your Information may create any liability for us. However, in dealing with Your Information we will always act reasonably.

(c)

You must ensure that Your Information

(i)	is true, accurate and complete;
(ii)	is not fraudulent or misleading;
(iii)	does not infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
(iv)	does not violate any law, statute, ordinance or regulation;
(v)	is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
(vi)	is not obscene or contains pornography;
(vii)	does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

(d)

Furthermore, you may not do anything involving the Service which:

(i)	may violate or cause us to violate any applicable law, statute, ordinance or regulation, or
(ii)	is expressly prohibited by these Terms and Conditions.

YOUR RIGHTS AND OBLIGATIONS

3.1

Your Obligations As Bidder

(a)

When you use the Service and bid on an online auction conducted on our Site, you are making an offer to enter into a Licence Agreement for an item at your Bid Amount and for your Bid Term.

If you are the Winning Bidder for an item at an online auction, you are contractually obliged to complete the transaction within 14 Days of the closure of the bidding process by:

(i)	entering into a Licence Agreement for the item at your Bid Amount and for your Bid Term;
(ii)	providing us with a valid Direct Debit or Credit Card Deduction Authority for the item at your Bid Amount and for your Bid Term;

Failure to complete the transaction within 14 days from the closure of the bidding process will invoke Clause 3.2 “Your obligation to Pay”.

(b)

Please take care when making a bid as once your bid is placed, it cannot be withdrawn.

(c)

It is your responsibility to read the Service Information about any item we post for auction on the Site. Please do not rely solely on the title summary of the item posted on the Site for a complete description of an item. You must not assume that the description of the item in any way offers an opinion or an assessment of the suitability of an item for you.

(d)

Please make sure you understand the usage and payment terms.

(e)

You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the Bid Amount. This includes (but is not limited to) bidding in a way that pulls other bidders to their maximum bid, and then re-bid at a small increment above the legitimate high bidder or employ Shill Bidding, (being the use of secondary registrations, associates or aliases to artificially raise the bidding on an item). Buyers are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price of an item.

(f)

Please use common sense and caution when using the Service. There are risks involved when conducting business over the Internet. We cannot confirm the identity or location of each of the people who use the Service or whether such users are under age or acting under false pretence. We do not tolerate fraudulent practice by people using the Service or abuses of the system. However, we cannot guarantee that such conduct will not occur.

3.2

Your Obligation To Pay

(a)

If you are the Winning Bidder on an online auction, you must pay:

(i)	the Winners Bid Amount (including but not limited to Goods and Services Tax) for the bid term; and
(ii)	any other fees and charges specified in terms and conditions Applicable (the “Invoice Amount”)

due to us either by:

(iv)	authorised credit card deduction (charge) or
(v)	authorised direct debit from a nominated bank account,;
(vi)	on the first working day of the month following the closure of online auction and on the monthly anniversary date of each subsequent for the bid term.

(b)

If you are the Winning Bidder and you fail to make payment of the Invoice Amount, we shall have the right (and you hereby authorise us) to charge your nominated credit card or bank account, (either for the full or for part of the amount constituting the Invoice Amount that is owing to us) and hold such funds as a deposit pending final payment by you. In such circumstances we will also charge an additional 15% administration fee to your credit card or bank account, which amount will be calculated on the total of the outstanding balance.

(c)

If we find that the amount of credit available on your credit card or in your bank account is insufficient to cover the Invoice Amount due to us, we can deduct any portion of the Invoice Amount that is due and payable to us from your credit card or bank account and hold such funds as a deposit pending payment of the balance of the Invoice Amount due.

(d)

If we are unable to deduct from your credit card or bank account the full sum of the Invoice Amount owing to us in one transaction, we shall be at liberty to process any such number of transactions on your credit card as is sufficient to satisfy the full Invoice Amount you owe to us.

(e)

If you:

(i)

refuse to or otherwise fail to complete the Licence Agreement or pay two consecutive monthly Bid Amounts for a Domain Name(s) when you are the Winning Bidder (for example, if your account or credit card balance is insufficient to meet all money due); or

(ii)

do not comply with the terms and conditions contained in this Bidders Agreement then we will, at our absolute discretion, be at liberty to:

(A)	sue you for the Winner’s Bid Amount for the entire bid term and all other money owing to us, including all costs and lost income;
(B)	resell the item in any manner and upon such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Winner’s Bid Amount for the Bid term and the resale price received for the remaining Bid term after deducting all expenses (as specified in (C) below) if any from you; or
(C)	charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) for the bid term to cover cost of resale of the item, administration costs, additional costs including advertising and any other reasonable expenses incurred in reinstating us to the same position as if the item was sold to you;

and in taking the steps in (A), (B) or (C), you hereby authorise us to charge your credit card or bank account with any money owing to us.

(f)

Notwithstanding that a Winning Bidder may have been notified of their placement of the Winner’s Bid Amount, we may at our sole discretion choose to withdraw and not proceed with completion of the sale of the item in the following circumstances where:

(i)	the credit card or direct debit payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by the Winning Bidder;
(ii)	there are insufficient funds/ the credit limit is insufficient to cover the sum of the Invoice Amount;
(iii)	if the Winning Bidder fails to make payment of the Invoice Amount into a bank account nominated by us within 2 working days of the Winning Bidder placing the Winner’s Bid Amount; or
(iv)	we are unable to contact the Winning Bidder for any reason.

(g)

If you fail to comply with any of these terms and conditions, any moneys which you paid to us upon deposit on account of any purchases of an item may be forfeited absolutely and we shall be at liberty to sue you for recovery of the balance of the Invoice Amount and any other amounts as may be owing to us pursuant to these terms and conditions. In exercising this power of forfeiture, we will not act unreasonably.

3.3

Obligation To Maintain System Integrity

(a)

You may not take any action that might interfere with the operation of the Service.

(b)

You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online auction being conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure. You may not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.

(c)

You are solely responsible for your transmissions through the Service. You agree that you will

(i)	not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(ii)	not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(iii)	not interfere with or disrupt networks connected to the Service;
(iv)	not use the Service for illegal purposes;
(v)	comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.

(d)

We reserve the right to determine whether or not your conduct is consistent with the spirit and the letter of these terms and conditions and may, at our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with these terms and conditions. However, in exercising our rights we will not act unreasonably.

You will not use the domain name for an unlawful purpose or knowingly use the domain name in violation of any applicable laws or regulations or of the rights of any third parties.

You will use the domain name in accordance with the TLD requirements, standards and policies of the relevant registry or sponsoring organization.

You acknowledge that the registry administrator or ICANN policy may provide that a domain name may be cancelled, suspended or transferred by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy. Whist we will make reasonable endeavours to ensure the continued availability of the domain, you acknowledge that these circumstances are beyond our control and we will not be liable for loss or damage that may result from a domain being cancelled, suspended or transferred.

You must comply with all ICANN standards, policies, procedures and practices for which the registry administrator has monitoring responsibility in accordance with the registry agreement or other arrangement with ICANN.

THE ONLINE AUCTION PROCESS

4.1

Procedure

(a)

We set a minimum price for each item we auction at which the bidding must start.

(b)

An online auction will start at the specified time and at the nominated minimum starting price.

(c)

You must register in accordance with Clause 2 above before placing a bid.

(d)

You may bid:

(i)	by placing a bid amount; and
(ii)	a bid term.

All bids placed at an online auction must

(i)	be made in Australian Dollars
(ii)	on a per -item basis, and
	may only be increased by multiples of $1.00.

(e)

Although we will send you emails if are no longer the winning bidder, you are responsible for monitoring the online auction in which you are participating.

(f)

We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:

(i)	there is or we suspect fraudulent or malicious biding;
(ii)	there are processing errors;
(iii)	there are technological errors or Site failure; or

(g)

If an online auction closes without any bid activity, we may extend that online auction for a time period being the length of the original auction in which there was no bid activity. The extended auction will retain all bid history from the original auction.

(h)

Bids placed on online auctions will be ranked in the following order of precedence, namely, Bid Amount over bid term over initial bid time. For example, if two or more bids are for the same Bid Amount, the higher term will take precedence. If two or more bids are for the same Bid Amount and bid term, the time the bidder placed their first bid on the item takes precedence.

(i)

While you are the current highest bidder on an online auction you will not be permitted to;

(i)	lower your current bid with a new lower bid amount or;
(ii)	lower your bid term with a new bid term or;
(iii)	cancel your bid.

4.2

Conclusion Of Online Auction

(a)

The auction closes at the end of the time period specified for that online auction where there are no new successful bids during the 10 minutes immediately preceding the end of the time period specified. If there are any successful bids on a particular item within 10 minutes of the close of the online auction (the going, going, gone period), the auction will continue to be extended until there are no more within the Refresh Period. Due to circumstances beyond our control, the Refresh Period may vary from time to time by a number of seconds. LegalNames.com.au accepts no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.

(b)

When an online auction in which you have been participating closes and you are the Winning Bidder, we will notify you by e-mail. This notice will include

(i)	notification that you are the Winning Bidder and of the amount and term of your winning bid;
(ii)	the item description;

(c)

We provide this notice out of courtesy and as a reminder to you. Due to problems beyond our control you may not receive this email, however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us shall not abrogate or release you from your obligation to complete the sale and purchase the auction sale item. Additionally, you are responsible for completing your obligations with respect to the purchase after the online auction has closed.

(d)

If you are the Winning Bidder for an item at an online auction, you are contractually obliged to complete the transaction within 14 Days of the closure of the bidding process by:

(i)	entering into a Licence Agreement for the item at your Bid Amount and for your Bid Term;
(ii)	providing us with a valid Direct Debit or Credit Card Deduction Authority for the item at your Bid Amount and for your Bid Term;

Failure to complete the transaction within 14 days from the closure of the bidding process will invoke Clause 3.2 “Your obligation to Pay”.

4.3

Processing and Technological Errors

In the event of errors in processing and/or site downtime or any other errors or delays caused to the site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:

(a)

decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion); and/or,

(b)

decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion; and/or,

(c)

retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,

(d)

amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,

(e)

void that entire online auction transaction and open the auction again at the original start prices.

ITEMS FOR LEASE ON ONLINE AUCTION

5.1

Description of Services

(a)

In relation to the items sold in an online auction;

(i)	We or ( our clients) are the registered holder of the Internet Domain Names listed in the online auction and;
(ii)	will provide to the Winning Bidder a licence for the bid term to redirect all internet traffic generated by the domain names to your nominated website address;

(b)

Provided it is not unlawful and complies with standards and policies of ICANN and the relevant registry or sponsoring organisation you have the right to:

(i)	market the domain name as part of your business;
(ii)	Change the nominated website address during the bid term;

(c)

You will be responsible for providing and updating your nominated website address for a domain name. We will not be responsible for any loss suffered as a consequence of you providing an invalid website address.

(d)

At the end of the initial term the Domain Name (s) will be re-offered for public auction. After the closure of re-offered bidding you have 96 hours for to submit a final counter bid at either a higher bid amount or longer bid term, subject to the maximum term offered.

(e)

Upon termination or expiration of the initial bid term you must immediately:

(i)	not market or promote the Domain Name(s), Domain Name(s), or Yourself in connection with the Domain Name(s)or Domain Name(s) and take reasonable steps to inform all interested persons (including customers) that You can no longer be contacted by use of the Domain Name(s) or Domain Name(s); and
(ii)	cease all use of and reference to the Domain Name(s) (including as, or as part of a trade mark, company name, business name, domain name or other trading name) including in any documents, labels, artwork, advertising, or other material;

5.2

Preservation of Our Rights

You acknowledge and agree that:

(a)

You have no rights to ownership of the Domain Name(s) or any trade mark which is, or incorporates, the Domain Name(s) and must not apply to register any such trade mark without written consent from us;

(b)

We may license the Domain Name(s) including as a trade mark which is, or incorporates, the Domain Name(s), to other licensees after the expiry or termination of this Agreement;

(c)

You must not challenge, in any manner, Our rights or those of future licensees or sub-licensees to or in relation to:

(i)	the Domain Name(s); or
(ii)	any trade mark, company name, business name, domain name for, or which incorporates, the Domain Name(s);

(d)

You must not apply for or register a domain name, company name, business name, or other trading name for or which incorporates, the Domain Name(s) or is similar to or derived from the Domain Name(s) without Our written consent;

(e)

You must notify us of but must not take any action against any third party using any trade mark, company name, business name, domain name or other registration or application for, or which incorporates, the Domain Name(s);

(f)

You must not procure or assist a third party to do anything that you have agreed not to do in this Agreement.

5.3

User Acknowledgments

(a)

(b)

You will use the domain name in accordance with the TLD requirements, standards and policies of the relevant registry or sponsoring organisation.

(c)

You will not use the domain name for an unlawful purpose or knowingly use the domain name in violation of any applicable laws or regulations or of the rights of any third parties.

(d)

(e)

You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. Whilst we shall endeavour to ensure the service is available at all times, there may be times the Service may not be available for reasons beyond our control. In these circumstances we accept no responsibility.

(f)

Your use of the Domain Name(s) is at Your own risk

OUR RIGHTS

6.1

Suspension From Use Of Service

(a)

We may refuse you the right to use the Service if you

(i)	are successful at an online auction and do not pay for the bid item and/or refuse to enter into any agreements outline in our policies;
(ii)	give information which is untrue, inaccurate or incomplete; or
(iii)	if we become aware that you have engaged in any form of bid manipulation you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.

(b)

We may suspend, cancel or terminate your access to the Service if you breach or fail to observe these Terms and Conditions or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.

(c)

If we suspend your access to the Service, you may not register again.

6.2

Our Discretion

(a)

It is illegal to make bids in a false name or with an invalid or stolen credit card, even if our software initially accepts such a bid. Fraudulent bidders will be prosecuted to the fullest extent of the law. You will also be reported to your Internet Service Provider.

(b)

You may be sued by us for losses suffered by our vendors because of your bid manipulation or illegal action. Those proceedings can result in bankruptcy if you cannot pay the amount claimed. We may at our sole discretion suspend, cancel or terminate the provision of the Service to you if you engage in bid manipulation or illegal activities. If you engage in illegal activities in connection with the use of the Service, we may report you to the relevant authority or take civil or criminal action against you.

(c)

If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us pursuant to these terms and conditions and at law, we may immediately institute proceedings for full financial restitution.

6.3

Our Rights Upon Breach By You

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account on any of your current online auctions, and any other information you place on the LegalNames.com.au site if you breach this Bidders Agreement or if we are unable to verify or authenticate any information you provide to us.

6.4

Rights As agent and/or Seller

(a)

We may withdraw and / or re-offer an item from an online auction where the item:

(i)	becomes unavailable due to inability to renew the domain name for any reason whatsoever,
(ii)	or the title to or provenance of the item is disputed;
(vi)	has been erroneously listed twice; or
(vii)	is incorrectly described.

(b)

We also reserve the right to change the:

(i)	Items posted;
(i)	maximum number of items which you may bid for; or
(i)	bid increment during the auction

For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.

LIABILITY AND INDEMNITIES

7.1

Our Liability To You

(a)

We are not responsible for bids not received, processed or accepted due to technical difficulties In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.

(b)

We provide the Site and the Service without any warranty or condition with regard to the Site’s capacity express or implied except those warranties which are implied by law. In relation to the items which we auction at the Site, we provide those warranties implied by law.

(c)

Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service.

(d)

We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site may be interfered with by numerous factors outside of our control.

(e)

You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Service may not be available or bids placed at online auctions may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility. We will not post a bid on your behalf.

(f)

We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.

(g)

We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice.

7.2

Limitation Of Our Liability To You

(a)

To the extent that we are able under the law to limit the remedies available under this agreement, we expressly limit our liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at our sole discretion):

(i)

in the case of services any one or more of the following, at our absolute discretion:

(A)	supply of the services again; or
(B)	a full refund.

(b)

Nothing in these terms and conditions is intended to limit or exclude any liability on our part where and to the extent that applicable law (eg the Trade Practices Act) prohibits such exclusion or limitation.

7.3

Indemnities

(a)

You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.

(b)

You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the LegalNames.com.au indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the LegalNames.com.au indemnified parties arising out of or in connection with the performance of its duties as described in these Terms and Conditions (except as caused by the gross negligence or wilful misconduct of the LegalNames.com.au indemnified parties) including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission.

(c)

You further agree to indemnify and hold us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the LegalNames.com.au indemnified parties) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these terms and conditions by you, or

(d)

the infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.

PRIVACY

(a)

Our online auction Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all users of the Site hereby agree to its Terms and Conditions and agree to act in accordance with the policy when using this Site.

(b)

If you do not agree to the collection of this information and the other information specified in the online auction Privacy Statement, then do not accept the Terms and Conditions of this agreement.

(c)

By accepting the Terms and Conditions of this agreement, you also consent to the following:

(i)	Collection of a variety of personal information which is specified in greater detail in the Online Auction Privacy Statement. This information includes your name, address and contact details; in some cases, credit card details; bidding and buying activity at online auctions; and your use of our Site generally.
(ii)	Use of the above personal information is for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Site to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site including for bidding at online auctions.
(iii)	We may disclose your information in certain circumstances. These circumstances are specified in the Online Auction Privacy Statement. You may also have rights as a consumer under the Trade Practices Act and other laws.

(d)

Your financial and personal details are passed through a secure server using 128-bit SSL (secure sockets layer) encryption technology. If you have any questions regarding our security policy, please contact us.

GOVERNING LAW

This agreement is governed by and must be construed according to the law of New South Wales. LegalNames.com.au and you are subject to the jurisdiction of the courts of New South Wales.

10.

GST

(a)

The bid amount is inclusive of GST (GST inclusive).

(b)

You acknowledge and agree that:

(i)	the bid amount is GST Inclusive, GST will be calculated on and added to any fees and charges payable in accordance with Clause 3.2.

11.

FURTHER INFORMATION

11.1

Online Auctions

(a)

All visitors to the Site should familiarise themselves with the Online Auction Rules before participating in the LegalNames.com.au online auction. Please note the Online Auction Rules are a summary only of this Bidders Agreement.

(b)

LegalNames.com.au’s services are offered for Licence subject to the warranty details described warranty policy. LegalNames.com.au excludes, to the extent permitted by the Trade Practices Act and state and territory laws, all other warranties or conditions, whether express or implied, including, without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose.

(c)

Auction firms and consigning sellers are strictly prohibited by law from placing bids on their own behalf in order to alter or artificially increase the product price in an auction.

(d)

LegalNames.com.au’s is owned and managed by SearchMatch Domains Pty Limited ABN 89 134 717 356.

11.2

Time - Online Auctions

(a)

When bidding on LegalNames.com.au auctions the Time is reflected on the pages of the site. You can change the Time shown to your local Time Zone by clicking on the Time Link on these pages.

12.

DEFINITION AND INTERPRETATION

(a)

Invoice Amount has the meaning given to it in clause 3.2 (i) and (ii) of this Bidders Agreement.

(b)

Item Description means the description of the domain name(s) contained with the portfolio.

(c)

Online Auction Rules means those rules contained in the Auction Rules section.

(d)

Privacy Statement means that statement contained in the Privacy & Security Section.

(e)

Product Information means any information posted by us on the Site in relation to any item posted by us for sale on the Site.

(f)

Refresh Period means the time between nine minutes and one second and nine minutes and fifty nine seconds (inclusive), being the period that the Site’s timing mechanism has entered the tenth minute. For example:

(i)	where a bid is placed at 2:53:00 pm, assuming there are no further bids placed, the auction will close at 3:03:00 pm;
(ii)	where a bid is placed at 2:53:45 pm, assuming there are no further bids placed, the auction will close at 3:03:00 pm;
(iii)	where a bid is placed at 2:54 pm, assuming there are no further bids placed, the auction will close at 3:04:00 pm.

(g)

Sale Overview means the terms and conditions and specifications attaching to a particular good which are accessed by the potential bidder upon entry to the online sale portal for that particular good, and prior to accessing the catalogue and lot view details.

(h)

Service means the LegalNames.com.au online auction service governed by these Terms and Conditions and any other conditions contained on the Site.

(i)

Site means the LegalNames.com.au website.

(j)

us/we means, LegalNames.com.au a division of Searchmatch Domains Pty Limited ABN 35 003 688 284 of 14a William St NSW, Australia, 2324.

(k)

Winners Bid Amount means:

(i)	The amount of the highest bid; or
(ii)	where two or more bids are for the same price, the bid amount that is for the greater term; or
(iii)	where two or more bids are for the same price and term, the bid that was placed first.

(l)

Winning Bidder means that bidder who has the highest bid amount and the longest term at the conclusion of the online auction, allowing for any Bid Precedence rules.