This document sets out the terms and conditions of use for the Website of SAIA Auction Portal.
It sets out your rights and obligations and those of SAIA Auction Portal in relation to your access to the Website; your use of the Website; any communications sent to you via the Website, or from or on behalf of SAIA Auction Portal; all information, products, software, services, features and materials contained on or offered in conjunction with the Website.
By accessing the Website you accept without limitation the terms and conditions in this Agreement.
We may, at our discretion, vary or amend from time to time this Agreement. All such amendments or variations will be effective immediately upon posting of such amended or varied document on the Website or once such amendment or variation is otherwise notified to you. The amendment or variation shall apply to your use of the website and to any services offered to you upon such posting or notification.
Except as provided for in the preceding paragraph this Agreement may otherwise not be amended or varied except in writing signed by both parties.
3. The Website
Anyone who accesses the Website is a user (a "user"). Users are free to contact us using the email addresses shown on the Website or the Online Contact Form. As a user, you will be able to access material on all areas of the Website.
3.2 Contacting Us
3.3 User Information
By submitting an email or communicating with us you warrant that all the information submitted to us ("user Information") is true and accurate in all respects and you have the authority and capacity to complete the email from the website or communicate with us. You agree to notify us immediately in writing of any changes in user Information. You are solely responsible for the user Information.
If you provide us with an email address that will result in any emails we may send you being sent to you via a computer network operated by or on behalf of your employer (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that we may refrain from sending you any emails to such address without notifying you, even if you have asked to receive them, if we receive a request from your employer to stop sending emails to that address.
3.4 System Integrity
You undertake to us that you will not use and that you will not permit the use of use any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Website. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.
The Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Website without our prior written consent.
4. Use of the Website and associated email newsletters and alerts
The Website and associated email newsletters and email alerts may include facts, views, opinions, adverts and recommendations of individuals and organisations. We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions, adverts or recommendations.
The content on the Website and associate newsletters and alerts, including any research does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users.
We, in our sole discretion, may add, delete or change some or the entire Website at any time. The content contained in the Website is presented for informative purposes only. The content should not be considered complete nor should it be relied upon.
4.2 Proprietary information
You acknowledge and agree that the materials used and displayed on the Website including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of SAIA Auction Portal and/or its licensors, and are protected by copyright trademark and other laws.
You agree not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Website or create in any way content and/or derivative works based on the content of the Website or the Website itself or services provided by, or on behalf of SAIA Auction Portal in whole or in part without our prior written consent.
The Website may contain communities and/or other message or communication facilities. You are solely responsible for any and all information you send, distribute, disseminate, publish, post or upload ("Postings’) using the Website or send to us for use or publication on the Website and any consequences that may result from your Postings. You agree that you will be solely liable for any errors or omissions contained in that Posting.
By way of example and not limitation your Postings shall not:
(1) infringe any rights of third parties (including, but not limited to any intellectual property rights publicity rights or privacy rights which such third parties may have in their domestic jurisdictions);
(2) violate any law, statute or other governmental or supra-governmental connection or regulation (including, without limitation, those regulations relating to export control, consumer protection, unfair competition, misleading advertisements, and to discrimination);
(3) be defamatory, libellous, threatening or harassing;
(4) be obscene, indecent, or contain pornography;
(5) contain any virus or other computer programming routines, which are intended to damage, interfere with insert or extract data or personal information used on or by the Website.
(6) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to the Website
You agree and acknowledge that we are not, and do not hold ourselves out as, a publisher with respect to Postings. Accordingly we make no representation or warranty that we will read or screen Postings for content or compliance with this Agreement or otherwise exercise any form of editorial control over the same. We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse or remove a Posting or to remove any information or materials in whole or in part at our sole discretion.
4.4 Permission to use Postings
You agree to hereby grant us a perpetual royalty free, fully paid-up licence directly (or indirectly through our agents or distributors) to use, distribute, sub-license, display, perform, modify, lease and market, reproduce, copy, and re-publish the Postings (and any information contained therein) and prepare derivative works thereof in any form or format and via such media as we in our sole discretion may deem fit.
4.5 Disclosure of Personal or Confidential Information
You acknowledge that in the course of utilising the Website and concluding transactions on it you may receive certain confidential information that has been provided by other users. You agree and undertake to keep such information confidential and not to disclose any part of such information to any third party, unless required to do so by law. Such information shall not be used for any purpose without the prior written consent of the user to whom such information is confidential.
Services offered on the Website are available only to persons companies or other corporate bodies who are capable of forming valid legally binding contracts under their domestic governing law.
In the event that you have a dispute with one or more users you agree to indemnify SAIA Auction Portal (and our agents, officers and employees) from any costs, charges, claims, demands, damages or expenses (howsoever arising) incurred by us arising out of or in any way connected with such dispute.
Should you have a dispute with another user you agree to resolve the dispute directly with that user. You acknowledge that we will not become involved in such disputes and will not act as a mediator between users. If for any reason we do become involved in a dispute you agree to bear all our costs and expenses (including but not limited to reasonable legal fees and disbursements) incurred in connection with the dispute.
6. Updates by Email
In the future, we may give you the option to subscribe to our email service ("Updates by Email) which will update you on events organised by SAIA or individuals and organisations on other events,adverts, news or articles which we consider to be of interest to you. Your use of the content received through the email information service will be subject to these Terms outlined in 4. Use of the Website and associated email newsletters and alerts.
7. Links to third party websites
Third parties or we may provide links to other web websites or resources. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third party web websites. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable for any content, advertising, product, services or other materials on or available from such websites or resources.
You further acknowledge and agree that we shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods or services on or available through any such website or resource. If you decide to access linked third party web websites you do so at your own risk. Any concerns regarding any external links should be directed to its respective website administrator or web master.
9.1 Termination of this Agreement
We reserve the right to terminate this Agreement forthwith if you are or appear to be in breach of any of the provisions of this Agreement, including the provision of false registration details or other misuse of the services offered through this Website.
Either party may terminate this Agreement with or without cause by providing 30 days advance written notice to the other
You agree to pay, indemnify, and hold SAIA Auction Portal (and its directors, officers, employees and agents) harmless from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:
(1) Any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content (including but not limited to your Postings) submitted by you;
(2) any breach of this Agreement by you;
[(3) any third party claim action or allegation brought against SAIA Auction Portal arising out of in relation to a dispute between users or in relation to your use or misuse of the Website; and/or]
(4) any action taken by SAIA Auction Portal under your instructions in relation to the use of the Website.
9.3 Disclaimer of Warranties
Your use of the Website and any services offered on or in connection with your use of the Website is at your sole risk. Services provided with the Website are provided on an "as is" and "as available" basis. We to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.
We make no warranty that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any services information or other material obtained by you through your use of the Website will meet your expectations.
If your use of the Website will require your replacing equipment or data you will be responsible for the costs of such replacement.
Your use of the Website and services offered in connection with the Website is at your own risk. If you are dissatisfied with any part of the Website offered through the Website or with this Agreement or any other rules or policies your sole remedy is to discontinue use of the Website.
9.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly from use of the Website), indirect incidental, special, consequential or exemplary damages including but not limited to, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:
(1) the use or the inability to use the Website or any service provided in connection with the Website;
(2) the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Website;
(3) unauthorised access to or alteration of your transmissions or data;
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