Your use of The Globe and Mail Auction website (www.globeauction.ca) (the "Website") is governed by this user agreement (the "Agreement"). By accessing and using the Website, you agree that your access to and use of the Website is subject to these terms and conditions.
1. The Globe and Mail Auction: The Website is a venue that offers items for sale by either online auction or fixed price formats and for buyers to purchase these items. The Globe and Mail is responsible only for the administration of the Website. The Globe and Mail does not act as an agent for any user or vendor for any purpose. The Globe and Mail has no involvement in any transaction entered into through the Website. The Globe and Mail is not the vendor of the auction item(s) and assumes no responsibility for the auction item(s) in any respect. It is understood by the parties that The Globe and Mail is not the auctioneer of the item(s) and is not buying or reselling the item(s) submitted for the Website. The applicable vendor is the retail seller of the auction item(s) to the user with the highest bid, in the same manner as if the item(s) was sold in the normal, ordinary course of the vendor’s business.
The item(s) offered through the auction or fixed price sales listing are provided on the basis of the representations made by the vendor. The Globe and Mail makes no representations or warranties and there are no conditions of any kind, express or implied, statutory or otherwise, with respect to the goods and services offered through the Website or fixed prices sales process, or with respect to any transactions conducted through the Website or fixed price sales process, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any implied warranty arising from a course of dealing or usage of trade and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence. Since the Website is a venue, The Globe and Mail does not assume any liability or responsibility for any disputes between vendors and buyers. The Globe and Mail also cannot guarantee that a vendor or buyer will consummate any sale and vendors and buyers both agree that this is a risk that they assume. You agree to release The Globe and Mail and its officers, directors, agents and employees from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
2. User Account, Password and Security: Upon registration, a user will create a user ID and a password. You must provide correct, current and complete information during the registration process. You must be 18 years of age or older to register. Please do not use this Website if you are under the age of 18. Each user is entirely responsible for maintaining the confidentiality of his or her user ID and password. Furthermore, users are entirely responsible for any and all activities which occur under his or her user ID and password. A user must immediately notify The Globe and Mail (by contacting email@example.com) of any unauthorized use of his or her user ID and password.
4. Bidding and Buying: You may not bid on item(s) submitted by a vendor of which you are a director, officer, employee, agent or servant of the vendor, its affiliates (including parent, sister and subsidiary companies), or a member of the immediate family (spouse, parents, siblings and children, regardless of where they reside) or household member of any such person.
If you are the highest bidder in one of the online auctions or a buyer of one of the items available in our fixed price listings, you are obligated to complete the transaction and pay the amount of the your highest bid to The Globe and Mail, and all applicable taxes, shipping fees and any other fees associated with the delivery of the item to the applicable vendor. You should also know that bidding on an item is an irrevocable offer to buy the item at the price bid and your confirmed bid can only be retracted if you have submitted your formal bid retraction request to our customer service and only under one or more of the following circumstances:
You cannot retract a bid if:
A valid VISA or MasterCard credit card is required to purchase any item offered for sale on the Website. Your credit card will be billed if you are the highest bidder at auction close. For high value items, The Globe and Mail may bill your credit card for a deposit amount and require you to pay the remaining balance by another means of payment or to the vendor directly.
If a credit card is declined for any reason, The Globe and Mail will attempt to contact the buyer via phone and/or e-mail. As a courtesy, orders may be held up to one week; however, there may be times when a declined order is immediately cancelled and given to the next bidder.
If you are the highest bidder at auction close, The Globe and Mail will only bill you for the amount of your highest bid. All applicable taxes, shipping fees and any other fees associated with the delivery of the item must be paid to the applicable vendor directly.
The Website keeps track of all unsuccessful bids. If a problem occurs with a winning bid in an open auction, The Globe and Mail may reinstate your currently unsuccessful bid to winning status at your last bid price. Bid reinstatement procedure is based on the next highest unsuccessful bid sequence.
5. Bid Extend: The auto bid extend feature on this Website works to ensure that bidders will always have a chance to challenge bids placed when an auction is about to close. When indicated on a listing page, if a bid is placed during the last 5 minutes of an auction, the auction will be automatically extended for an additional 5 minutes from the time of the latest bid. The auction will close once all bidding activity has stopped for a period of 5 minutes.
6. Accuracy of Vendors' Descriptions and Photographs: The vendor is responsible for providing The Globe and Mail with descriptions and photographs of item(s) to be listed on the Website. The Globe and Mail is not responsible for, and expressly denies liability of, any depiction, warranty or description stated therein. Statements and photographs from vendors are not be construed as co-joined by The Globe and Mail in any implicit or explicit approval, sponsorship, endorsement or guarantee. The vendors expressly assume all risk and liability arising from the offer for sale, the actual sale and the delivery if the auction item(s). The Globe and Mail has no responsibility for the purchase fulfilment of the auction item(s).
7. Refund Policy: There are no returns or exchanges on products or services purchased on the Website.
8. User Conduct: A user's right to use the Website is personal to the user. You warrant that your use of the Website is and will be in accordance with all applicable laws and regulations. You agree: (1) not to use the Website for illegal purposes; (2) not to interfere or disrupt networks connected to the Website; (3) to abide by all rules, guidelines, and terms and conditions as listed; and (4) not to transmit through the Website any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind or nature.
9. Auction and Fixed Price Changes: The Globe and Mail reserves the right to terminate at any time and without notice any auctions or fixed price sales. The Globe and Mail also reserves the right to change posted quantities, remove from sale or re-offer items that were previously withdrawn. The Globe and Mail also reserves the right to close auctions early or to extend auctions at any time and at The Globe and Mail’s discretion. Posted closing times and displays of The Globe and Mail current time are approximate and based on the time in Toronto, Ontario.
10. Termination or Suspension of Use: The Globe and Mail reserves the right to issue warnings, temporary or indefinite suspensions or terminations of use to the Website to any user who violates any of the provisions set out in any rules, guidelines, terms and conditions and this Agreement as listed or for any other reason at The Globe and Mail’s sole discretion. If a user objects to any of these terms and conditions, or any subsequent modifications thereto, or is dissatisfied with the Website in any way, such user's only recourse is to immediately discontinue use of the Website and to terminate his or her account. The following are examples of unacceptable user conduct which may result in termination or suspension of use in The Globe and Mail’s sole discretion:
Any user who attempts to "cheat" the bidding system by altering or tampering with the course of normal bidding, or by editing bids for the purpose of altering bids or prices in a manner in which it was not intended, may have their bids cancelled and their account immediately suspended at the sole discretion of The Globe and Mail. Any user attempting to commit fraudulent activities on the Website, such as intentionally placing false bids or attempting to participate using a false name, may be subject to criminal charges.
11. Termination of Auctions: The Globe and Mail reserves the right to suspend or terminate any auction at any time, with or without notice and for any reason whatsoever determined by The Globe and Mail, in its sole discretion, including, but not limited to, if The Globe and Mail deems an auction: (1) to be overtly inflammatory, controversial, or offensive to our users or its brand; or (2) violates any of the rules, guidelines, and terms and conditions of this Website, or if the Website experiences any unforeseen technical difficulties that alter its proper functioning or if in any other problem or difficulty arise that cannot be resolved to the satisfaction of The Globe and Mail.
12. Modifications to the Website: The Globe and Mail reserves the right to modify or discontinue the Website with or without notice to its users. The Globe and Mail shall not be liable to any user, vendor or buyer, in tort or in contract, should The Globe and Mail exercise its right to modify or discontinue the Website.
13. Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS. The Globe and Mail EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Globe and Mail MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. The Globe and Mail MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. The Globe and Mail MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM The Globe and Mail OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. Limitation of Liability: NEITHER The Globe and Mail NOR MEDIA MONETIZED INC., THE COMPANY WHICH DESIGNED THE WEBSITE BASED ON MEDIA MONETIZED INC.'S PROPRIETARY SOFTWARE AND TECHNOLOGY, SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF The Globe and Mail OR MEDIA MONETIZED INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.