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Real Time Auction Pty Ltd (RTA)
(Incorporating Real Time Flower Auction (RTFA)).
Terms & Conditions
BY REGISTERING WITH REAL TIME AUCTIONS PTY LTD YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
These terms and conditions apply when you use our service at www.realtimeauctions.com.au. Your use of the service indicates your acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions, do not access any Real Time Auction Site.
This agreement comprises the entire agreement between you and Real Time Auctions and supersedes any prior agreements between Real Time Auctions and/or Real Time Flower Auction and you regarding the subject matter contained herein.
Registration
Buyers and sellers must register by completing, signing and returning to the Real Time Auction (RTA) a completed RTA registration form. Only business entities may register. By registering and accepting these Terms and Conditions you represent to Real time Auctions that you are not a minor and can form legally binding contracts under applicable law. If you are registering on behalf of a business entity, you represent and warrant that you have authority to bind the entity to these Terms and Conditions. Without prejudice to you, we reserve the right to ask you for written authority from the business entity before registering any business entity.
Growers and Supplier's Registration
During the registration process suppliers must supply the auction house with banking details to enable electronic payment transfers to occur. Suppliers are required to complete a “PAMD Act Form 24 which is available at www.fairtrading.qld.gov.au and return two signed copies to the Auctioneer.
User Name & Personal Identification numbers
Upon registration with RTA you will be given an User name (ID) and Personal Identification Number (PIN). You will change the PIN given to you by RTA upon receiving your initial PIN. You agree to advise RTA if you become aware or suspect that any other person knows your PIN or there has been unauthorised access to your account. You will be able to change your PIN in such circumstances. You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party. If you believe that your ID and/or PIN has become known to another person or You are aware of any You accept responsibility for ensuring their details are correct and changes are recorded when you log into the secure site.
You are responsible for use of the Services when access to the Services is obtained through the use of your user name and password whether authorised or unauthorised.
Bidding
As a user, you may bid on merchandise. As a bidder, you know that placing a bid is a binding contract with you and RTA, and the bid can only be retracted at the Auctioneers discretion. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal.
The ownership of any lots purchased shall not pass from the seller to the buyer until the buyer has made payment in full to the Auctioneers of the purchase price and that such payment has been received and cleared in full.
Payment
You are responsible for paying for all purchases on auction on the day of purchases. Any applicable taxes including any goods and services or value added taxes, or buyers fees which will be added to amounts billed to you. All sale prices are exclusive of GST. GST is added to the sale price and shown as a separate item on the invoice. All purchases have an additional 2.5% buyers fee. All auctions are conducted in Australian Dollars (AUD). You are responsible for ensuring that you have sufficient funds to cover the cost of your bid and make prompt payment in accordance with the applicable payment method.
It is the responsibility of each buyer to log on to the Real Time Auction Website at www.realtimeauctions.com.au by using their ID and PIN and to ensure that the purchase information including product purchases and delivery details are correct and to provide payment for the goods and delivery costs as stated on the Real Time Auction invoice on the day of purchase.
You agree to pay your invoices, in full, on presentation, on the day of purchasing. If you cannot pay your invoice in full on presentation then please contact us and may be able to arrange alternative payment options or stop your delivery.
Real Time Auction will charge interest at the rate of 2.5 % per month for any and all overdue payments.
Please remember RTA do NOT own the goods on sale and they belong to the suppliers until you have paid for them. If you refuse to pay for the goods bought then unless you have a valid dispute, we will have no alternative but to take legal action and/or refuse you further access to the service.
We will use reasonable efforts to ensure that the Internet Service is available at all times. It is your responsibility to use other means of effecting normal payments if for any reason you are unable to use this service.
Growers and Supplier's Payments
Suppliers will be paid by direct deposit to their nominated account each Friday evening for sales up to and including the auction on the Friday of the previous fortnight.
Grower payments of less than ten (10) Australian dollars will not be paid but, will be carried forward to a subsequent week when a payment exceeding ten dollars is due.
Termination of the Service
We reserve the right in our sole discretion to discontinue or suspend any auction or bid and exclude you from using the Service if you are in breach of any of these Terms and Conditions or at the discretion of the Auctioneer and for any other reason. We have no liability to you if we suspend or terminate your account or change any of our services for any reason. You waive all rights you may have had against Real Time Flower Auction and Real Time Auctions Pty. Ltd.
Intellectual Property Rights
You will not copy, modify, download (other than page caching), store and/or sell any part of the Real Time Auction Website, RTA software or information provided to you without our prior written consent.
Limitations on Liability
RTA websites and services are provided on an "as is" and "as available" basis. We do not make any representation or warranty of any kind express or implied regarding the contents or availability of the website or services. You waive all rights you may have had against Real Time Flower Auction and Real Time Auctions Pty. Ltd. in respect of such conduct.
We exclude all warranties, conditions, terms, undertakings and representations of any kind, express or implied, statutory or otherwise in connection with the services and the website to the fullest extent permitted by law.
Any software downloaded from RTA or as part of the RTA service is at your own risk and we do not accept liability for any direct or indirect loss or damage howsoever caused as a result of any computer viruses, bugs, trojan horses, worms, software bombs or other similar programs arising from your use of this website or software.
We are unable to accept any liability for any loss or damage arising directly or indirectly from the content of third party sites provided via the RTA website.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees, exempt from any claim or demand, including reasonable solicitors' fees, made by any third party due to, arising out of, or in connection with, a breach of this agreement or the documents it incorporates by reference made by you, or your violation of any rights of a third party.
Real Time Auctions Pty Ltd and/or the Auctioneer shall not be responsible for any damage to property or injury to persons incurred during the delivery or removal of product purchased.
Dispute Resolution Procedure
In the event of any dispute with RTA arising in relation to these Terms and Conditions you agree to follow the following dispute resolution procedure:
1.You will notify RTA of the nature of the dispute as soon as possible at the address set out at below;
2.If any dispute is not resolved with 30 days from the date on which a notice setting out the nature of the dispute is received by RTA, either you or RTA may request a meeting within 14 days with the relevant parties who have the power to resolve the dispute.
3.If any dispute is not resolved within 14 days following the meeting referred to in sub-clause 2 above, any party may then take such steps as it feels are necessary to resolve the dispute.
Grower's Remedies to Disputes
Despite the best efforts of all parties, problems can sometimes occur with incorrect product shipped, product arriving damaged, product not arriving on time or product not arriving at all. The auction house will notify the supplier of any discrepancies between their delivery advice and the product received.
Privacy Policy
By registering for the auction you are deemed to have read, understood, accepted and agree to be bound by the Real Time Flower Auction Privacy Policy.
Notices
Except as stated otherwise, any notices must be given by postal mail to Real Time Auction Pty. Ltd., 1 Melbourne St, Rocklea, Brisbane, Queensland, 4106, Australia or to the email address provided to us during the registration process. we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Amendments
We may amend the Terms & Conditions at any time by posting the amendments on our website. All amendments will be effective 3 days after being posted on our site. No waiver of these conditions will be valid unless in writing by RTA. Continuing to use any RTA service following RTA posting of any changes to these Terms and Conditions will constitute your acceptance of such changes. If you do not agree to any changes to this Auction Service Agreement or the Master Agreement, do not continue to use the RTA Site and service.
We reserve the right to transfer, assign or sub-contract all or any of our rights and duties and responsibilities set out in these Terms and Conditions to another party.
If any part of these Terms and conditions are found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Jurisdiction
Real Time Auction Pty Ltd comply with the Property Agents and Motor Dealers Act (2000) within the state of Queensland, Australia. A copy of this legislation can be found at
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PropAgMoDA00_02A_030701.pdf.
Code of Conduct
Real Time Auctions complies with the Property Agents and Motor Dealers (Auctioneering Practice Code Of Conduct) Regulation 2001 found at: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PropAgMoDAPR01_01A_030101.pdf
Auctioneer
The nominated auctioneer for the Real Time Flower Auction Pty Ltd is Mr. Lennard Thomas Walbank (Auctioneer's license number 2400093).
Copyright
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or to print hard copies of RTA content for your information and non-commercial use only, no part of any RTA content may be copied, reproduced, adapted, stored in a retrieval system or transmitted, in any form or by any means, without the prior written permission of Real Time Auctions Pty Ltd.
Questions
If you have any questions about our Terms & Conditions please contact us at admin@realtimeauctions.com.au
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