Unique Bid Homes - Reverse Auction : Terms

Welcome to Unique Bid Homes, the home auction website with a difference. Register Now

Terms and Conditions

Introduction

Welcome to Unique Bid Homes Auctions! These Terms and Conditions set out the rules of our service and are applicable to your participation in an Auction.

We provide a lowest unique bid auction service for property through our online website www.uniquebidhomes.com. After proper registration and payment you will be permitted to bid in an auction subject to your acceptance of these Terms and Conditions.

You should ensure that you read these Terms and Conditions carefully.

Your use of our service and participation in the Auction constitutes your acceptance of these Terms and Conditions.

We reserve the right to change these Terms and Conditions from time to time. We recommend you review these Terms and Conditions periodically to check for any changes.

All monetary amounts referred to on our website's are in Australian Dollars (AUD).

Definition of Terms

Administration Fee means the fee charged to the Bidder each time the Bidder makes a Fully Paid Bid. This fee covers the administrative cost of sending update replies to the Bidder each time the status of their Bid changes, and the cost of operating the Auction.
Auction means an online auction promoted by Us and conducted via Our Website and includes, without limitation, the Pandanus Pocket Sea Change Auction.
Auction Period means such a period as We stipulate but may be revoked at any time by notice from Us.
Bid means the offer by the Bidder to purchase a specified Property at a stipulated price.
A Bid Bank is the Subscribers transaction credit account which holds a transaction history and balance.
Bidder means the individual person who participates in an Auction by placing a Bid. A company can not be a Bidder.
Cash Amount means an amount equivalent to 80% of the value of the Property as advertised on Our Website.
Disqualified Person a person not permitted by law to participate in online or lowest bidding or reverse auctions
Foreign Person or Foreign Persons means a Subscriber who:

is not ordinarily a resident in Australia; and
does not satisfy the foreign investment requirement necessary to acquire an interest in a Property where the Property comprises urban land under the Foreign Acquisitions and Takeovers Act 1975; and
is permitted by law to participate in lowest bidding auctions.

Fully Paid Bid means a Bid that We receive an Administration Fee for and excludes Bids made using bonus credits or free credits.
Lowest Unique Bid means the lowest whole number Bid for a Property that is closest to AU$0.01 (Australian currency one cent) that has not been selected by any other Bidder. Zero or negative amounts are not allowed.
Our, We or Us means Unique Bid Homes Worldwide Pty Limited, or our authorised representatives, or agencies associated with the Auction.
Pandanus Pocket Sea Change Auction is a reference to Auction ID#120.
Personal Information has the same meaning as under the Privacy Act 1988 (Cth).
Promoter means Unique Bid Homes Worldwide Pty Limited, Suite 4b, Level 4, 2 Holden Place, Bundall, Queensland 4217 ACN 124 967 951.
Property means any property from time to time stipulated by Us to be auctioned by Us via an Auction or in the case of a Foreign Person, the Cash Amount.
Subscriber means a Bidder who has registered for the Subscription services and pays for bids on a credit basis deducted from their Bid Bank.
Successful Bidder means the Bidder who has submitted the Lowest Unique Bid at the close of an Auction.
The Service is access to bid as a Subscriber in an Auction.
You or Your means any Subscriber.
Your Subscription or Subscription is for your access to Our Website, access to www.lowestuniquebid.com.au, and use of Our Services and is used to bill the Subscriber for their Bids.
These Terms and Conditions form an agreement between the Subscriber and Us.
Website means www.uniquebidhomes.com.au, www.uniquebidhomes.com or www.ubh.com.au

Top

Joining the Service

To join the Service, the Subscriber must Subscribe to the Service via the Registration Form on the Website.
The Service is offered to all people (including Foreign Persons) over the age of 18 except Disqualified Persons.
You must provide all equipment and software necessary to connect to the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Our operations.
Any equipment or software causing interference shall be immediately disconnected from the Service and We shall have the right to immediately terminate this Agreement.
The contract for the ongoing Subscription between you and Us begins when We, upon your request, provide you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that We deem sufficient for your identification).

About Your Subscription

Access to the Service is provided by enabling you to Bid in an Auction by delivering a Username and Password to your email address.
Your Subscription remains in effect until terminated and/or cancelled by you or Us.
Your Subscription begins when We accept your application to subscribe to the Service.
You may not assign or transfer in any other way your Subscription.
We shall have the right to assign Our rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms no less favourable to you than those in these Terms and Conditions.

How it Works

Acceptance of Terms and Conditions

By entering any Bid in an Auction, Bidders confirm they have read and understood these Terms and Conditions of entry and are deemed to have accepted them on placing a Bid, regardless of whether the Bid is a valid Bid.
Bidding is open to all people (including Foreign Persons) over the age of 18 except Disqualified Persons.

Auction Opening and Closing Date (See amendment below)

The Auction opening and closing date and time is defined by Us and is available on Our Website.
The Pandanus Pocket Sea change Auction will close on the date and time posted on our Website, provided the minimum number of sixty thousand (60,000) Fully Paid Bids have been received. (Amended 5pm 30/06/08, see below)
If the minimum number of sixty thousand (60,000) Fully Paid Bids have not been received at the set close date and time, the Pandanus Pocket Sea change Auction will be extended and a count down will be displayed on our Website showing the number of Full Paid Bids remaining for the auction to close. (Amended 5pm 30/06/08, see below)
Amendment to Terms and Conditions 5PM 30/06/08 AUCTION CLOSING

The auction has been extended as 60,000 fully paid bids had not been received at the proposed close of the auction at 5PM on the 30/06/08.

The auction has now reverted to a count down. Posted on our website are the number of fully paid bids required in order for the auction to close and a successful bidder to be declared.

If the required number of fully paid bids has not been received and a successful bidder declared, Unique Bid Homes will close the auction at 5PM on 14/08/08 and at its sole discretion will either refund all monies received from bidders for this auction or declare the person that holds the lowest unique bid at 5 PM on 14/08/08 the successful bidder and award the Pandanus Property.

Restrictions on Bidding

Our employees, their immediate families, the Promoter’s employees and their immediate families are not permitted to Bid.
There is no limit to the number of bids you can make on the Pandanus Property Auction.
The maximum number of Bids each Bidder can make in an Auction may be capped at the Promoters discretion.
Bidders must participate fairly and honestly in the Auction. A Bidder must not in any circumstances disclose details of their Bid to any other person before the close of the Auction. In particular, a Bidder must not collude or enter into any arrangement of any sort with any other Bidder(s).
All activity in relation to an Auction must be conducted by an individual and must not be computer generated. Any computer generated activity in relation to an Auction will be invalid and to the extent of any purported bid will not constitute a valid Bid.

How to Make a Bid

Subscribers can place a Bid for a Property via Our Website and must submit their Bid in whole cents using the bidding form. The Bid must not be in negative figures but must not be more than $10,000.
All Bids are sealed so that Bidders do not know what Bids have been offered by other Bidders.
All Bids are accepted to be in Australian cents and are inclusive of GST.
For each Fully Paid Bid placed a specified Administration Fee will be deducted from the Subscribers Bid Bank. For each Bid placed using bonus or free credits, the credit amount equal to the specified Administrative Fee will be deducted from the Subscribers Bid Bank.
The amount of the Administration Fee charged per Fully Paid Bid is stipulated by Us and may be changed from time to time.
Once a Bid has been submitted, consumers will receive a Bid status reply message, notifying them that:

their Bid is currently the lowest unique Bid;
their Bid is currently unique but not the lowest unique Bid;
their Bid is not unique;
their Bid is invalid; or
they have reached the maximum number of allowable Bids for the Auction (if applicable).

Bidders will be sent notification via Email throughout the course of the Auction if the Bid status changes from one of these categories to another.
All Bids are processed in the order that they are received into the database. No responsibility is accepted for any late, delayed or misdirected Bids as a result of technical disruptions or for any other reason.
All Bidders acknowledge that once a Bid has been submitted, We will deduct the Administration Fee, or the credit amount equal to the Administration Fee, from the Bidder’s Bid Bank.

Offer and Acceptance

By placing a Bid in the Auction, the Bidder is offering to buy the Property auctioned during that Auction Period. If this offer is accepted by Us, this creates a legally binding contract for the Successful Bidder to purchase the Property from Us. This contract is deemed to include the standard terms and conditions of the suppliers of the Property that the Successful Bidder has offered to buy. This contract is deemed to exclude any warranty except those given by the suppliers of the Property. To the extent of any inconsistency, between a suppliers terms and conditions and these terms, these terms prevail;
Ownership and title in the Property does not pass to the Successful Bidder until We receive full and clear payment for the Property and risk in the Property passes upon successful transfer of the Property to the Successful Bidder;
Clauses 33(u) and 33(v) do not apply to Foreign Persons. By placing a Bid in the Auction, a Foreign Person who is a Bidder is offering to buy the Cash Amount. If this offer is accepted by Us, this creates a legally binding contract of the Successful Bidder to purchase the Cash Amount from Us at the Lowest Unique Bid by the Successful Bidder.
All terms, conditions and warranties other than those expressly included in these Terms and Conditions are excluded, except to the extent that to exclude a provision is not permitted by law.

Conclusion of Auction

Prior to the conclusion of the Auction We may send you a notification message via Email informing you that the Auction is about to close.
Upon conclusion of the Auction We may send you a notification message via Email informing you of the value of the winning bid and notifying you of the new Property on offer if a new Auction Period has commenced.

Top

Managing Your Bids and Bid Bank

Unused Bid Bank credit will remain in your account until used or until the termination of your Subscription.
If the total Administration Fee exceeds the amount of credit in your Bid Bank, you must deposit sufficient funds to your Bid Bank prior to making a Bid.
Bid Bank credit can only be used to Bid on Auctions offered by Us on Our Website and at www.lowestuniquebid.com.au.

Payment of the Administration Fee

The Subscriber warrants that he/she is the owner of the credit/EFTPOS card and is authorized to make use of it for the purposes of purchasing credit for participating in the Service and an Auction.
We use one or more third-party payment service providers for the acceptance of payments to Your Bid Bank. While we will endeavour to ensure that due care is exercised in handling credit/EPTPOS card information, including the use of Secure Sockets Lawyer (SSL) for the transmission of sensitive information over the Internet, industry standard encryption for the storage of sensitive information as well as password and firewall access controls to this information, we will not be liable for any compromise or misuse of this information.

Disqualification

The Promoter reserves the right to verify the validity of Bids and to disqualify any Bidder who tampers with the Bid process or who places a Bid that is not in accordance with these Terms and Conditions. The Successful Bidder must provide proof of identity and proof of residency before the Property will be transferred. Acceptance of alternate identification as verification is at the complete discretion of the Promoter.

Determination of Successful Bidder

The consumer who has placed the Lowest Unique Bid will be deemed the Successful Bidder for the Property on offer for that Auction. The Lowest Unique Bid is the lowest value offered (in whole cents) for the Property, which has not been offered by any other Bidder for that Property. If there is no Lowest Unique Bid, the Successful Bidder is determined by the lowest Bid amount with exactly two Bids. The first Bidder to have placed the Bid is determined the winner. If this does not produce a winner (if there is no Low Unique Bid with exactly two Bids the same) the process keeps repeating for the lowest Bid amount with exactly three Bids. This will continue until a Successful Bidder is determined.
The Successful Bidder of a Property will be notified at the end of the Auction Period by telephone and/or email, to arrange payment for the Property. The Successful Bidder will be required to pay for the Property, at the price (being the successful Bid rounded up to the nearest whole legal tender cent) placed by the person, within 20 business days of being notified of the Bid's success.
Payment will be accepted by direct bank deposit, bank cheque or money order. If payment is not received within 20 business days of the Successful Bidder being notified of the Bid’s success, the Bidder will be deemed to have revoked the offer and will no longer be able to purchase the Property.

Top

Leaving the Service and Termination of Subscription

You can leave the service at any time by:

Calling +61-7-55851930; or
Sending an email to info@uniquebidhomes.com

The termination shall become effective within 48 hours of the request.
Any unused credits will automatically expire at the termination of your Subscription.

Refund and Termination of Bids

The Promoter reserves the right to cancel any Bid without making a refund of the applicable Administrative Fee under any one or more of the following circumstances:

The Bidder provides any false, misleading or invalid information of any kind when registering or purchasing credit or when placing a Bid ;
A fraudulent credit card is used to purchase credit to pay for the relevant Administrative Fee(s);
The bank or other credit institution reverses the credit card transaction for the purchase of credit for the submission of the Administrative Fee;
A Bidder co-operates or colludes in any way with another Bidder when placing a Bid;
The Bidder attempts to use bonus credits (including but not limited to the funds deposited to receive the bonus credits) in breach of terms and conditions about those bonus credits;
Any other breach of these Terms and Conditions; and
The Bidder exceeds or attempts to exceed their bid limit for a particular Auction Period in breach of the Terms and Conditions.

The Promoter reserves the right to cancel any Bid and offer a refund of the applicable Administrative Fee in credits to your Bid Bank if a Bid is placed with Credits for payment of the Administrative Fee and the Promoter receives this Bid after the close of the Auction. The Promoter will not make any cash refunds under any circumstances.
The Promoter reserves the right in its absolute discretion to cancel, withdraw, reject, suspend or bar a Bidder and their Bid at any stage during the Auction Period.
If for any reason the Auction is not capable of running as planned due to any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes), including anything which may corrupt the integrity or proper conduct of the Auction We reserve the right to cancel, terminate, modify or suspend the Auction.
In the event of war, terrorism, state of emergency, disaster or (without limitation) any other event outside Our reasonable control, We are entitled to cancel, terminate, modify or suspend the Auction.

Top

Security of Your Account and Personal Information

You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any Property made available through the Service.
You agree to notify Us immediately in the case you become aware of or suspect unauthorised use of your password or account or Subscription or any other breach of security, and to ensure that you log out of your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or these Terms and Conditions. You acknowledge and agree that you will not use the Service for any commercial purposes.
Upon your request, We may register you as a user and provide you with access to the Service by allocating you a personal username and password. You are solely responsible for maintaining the confidentiality of any password and account.
In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to:

Provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"); and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Collection of Personal Information

As a result of Bidding in the Auction, the Promoter will collect certain Personal Information about you (such as your telephone number) on Our behalf. We collect Personal Information to assist us in providing the services you have requested, to process your competition entries and Bids, and to improve our services. We (or any of our associated companies) or the Promoter may be in touch with you by any means (including email or SMS) to let you know about property, services or promotions which may be of interest to you. We may also share your information with other entities or persons who assist us in providing Our services, running competitions or with other companies who provide prizes for competitions.
The collection, use and disclosure of Personal Information provided in connection with the Auction is governed by the Privacy Policy clauses in these Terms and Conditions.
As a condition of entry, Successful Bidders agree to provide information and a photograph of themselves for publicity purposes which We may use at our absolute discretion.

The Promoter acknowledges its statutory duties under the Privacy Act 1988 (Cth).
The Promoter will not disclose Personal Information about you except on a confidential basis to agents that we use in the ordinary operation of our business unless otherwise provided for in these Terms and Conditions.
At any time you may opt out of receiving any communications from us (other than as required for the operation of our business, e.g. regarding payment of your account).
You may request:

access to Personal Information we hold about you by writing to us and requesting it. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it (e.g. emailing it to you); and
that we amend your Personal Information if you believe the Personal Information we hold about you is incorrect, incomplete or inaccurate. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that you disagree with it.

If at any time you provide the Personal Information of another person to us then you must ensure that that person has read and understood these Terms and Conditions and separately consents to that Personal Information being used and disclosed by us for the above purposes.
We use internet cookies which are small strings of text placed on users’ hard drives during the data exchange that happens when a browser points to a website. Cookies allow a website to store information on a user’s machine and retrieve it later. Cookies and other information collection technologies can only store information that is explicitly provided by the user or visitor in the first place, or information the website already knows about the user, such as their IP address.
Although we intend to observe this Privacy Policy at all times, it is not legally binding on us. From time to time we may regard it as necessary or desirable to act outside this Privacy Policy. We may do so, subject only to any statutory rights you have under the Privacy Act 1988 (Cth) or other applicable legislation.
While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on our system or on the Website. Should this occur, We disclaim all liability to you to the extent permitted by law.

Top

No liability

The Promoter is not responsible for any incorrect or inaccurate information, either caused by the consumer or for any of the equipment or programming associated with or utilised in an Auction, or for any technical error, or any combination of these that may occur in the course of the administration of an Auction including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of Bids.
No responsibility is accepted for lost, late, incomprehensible or incorrect Bids.
The Promoter is not liable for any loss or damage suffered (including without limitation direct, indirect and consequential loss and damages) or for personal injury suffered or sustained as a result of entering or trying to enter the Auction or purchasing any Property offered as part of the auction or using such item, except for any liability which cannot be excluded by law.

Intellectual Property Rights

You acknowledge that any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Service ("Intellectual Property Rights") are owned by Us or licensed to Us. You agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms and Conditions.

Severance

We are not liable for any failure to comply with these Terms and Conditions. If any part or provision in these conditions is found to be invalid, unenforceable or illegal for any reason, that part or provision shall be severed and the remaining provisions shall continue in full force.

Warranties and Representations

To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Service or any Auction or Property is excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Auction Property to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly We will not be liable for any misstatement, error or omission from the description of the Service or any Auction Property.

Alteration of Terms and Conditions

Alterations to these Terms and Conditions may only be made by Us and will be posted on Our Website. Subscribers are encouraged to check the Website regularly to ensure that they are not affected by any changes to these Terms and Conditions.

Governing Law

The laws of Queensland govern these Terms and Conditions and each Auction. The Promoter and each Bidder submit to the jurisdiction of the courts of Queensland in relation to any dispute arising out of or in connection with these Terms and Conditions or any Auction.

Top