LotnLoad Terms and Conditions

1.1 Online Auctions.
Although we are commonly referred to as an online auction web site, it is important to realise that we are not a traditional "auctioneer". Instead, our Site merely acts as an online software service to allow members to communicate and offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction".

1.2 Acceptance of Terms.
Before you attempt to buy or sell anything through the Site, LotnLoad requires that you read and accept the following Agreement.

BY REGISTERING AND/OR OTHERWISE USING THE SITE, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS OF THIS USER AGREEMENT AND ALL TERMS INCORPORATED BY REFERENCE. YOU ACKNOWLEDGE AND AGREE THAT LOTNLOAD IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN VENDORS AND BIDDERS. AS A RESULT, LOTNLOAD HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF VENDORS TO SELL ITEMS OR THE ABILITY OF BIDDERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.

If you choose not to accept this Agreement, you may not access or otherwise use the Site.
When you enter into a transaction you create a legally binding contract with another member. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a bidder or vendor, or in any other uses you make of our Site. If another member breaches any obligation to you, you - not LotnLoad - are responsible for enforcing any rights that you may have.

Except as specifically advised otherwise on our Site, LotnLoad does not offer any form of insurance or other vendor or bidder protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between vendors or bidders. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

1.3 Release.
LotnLoad is not involved in the actual transaction between vendors or bidders and to the extent permitted by law LotnLoad specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
LotnLoad is not involved with or a party to any transactions that take place between members. LotnLoad does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a vendor or bidder (as the case may be) in any way arising out of or in any way connected with your transaction. LotnLoad may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against LotnLoad for any matter arising out of any LotnLoad transaction or otherwise in respect of this Agreement.

1.4 Information Control.
We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals.

2.1 Registering for Use

(a)

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

(b)

You agree that you will not, in registering for and using the Site, 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 Site, 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 deliveries) as may occur because you have not provided us with complete and accurate information.

(c)

When you register for the Site, 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 LotnLoad at the following email address: help@lotnload.com.au 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, you must not use the Service.

2.4. Your Information
LotnLoad is not liable for false 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.

3. Bidding and Buying.
LotnLoad is not liable for a bidder failing to pay. By bidding on an item you agree with the vendor to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller, unless the item or transaction falls within the scope of the Non-Binding Bid Policy, or is prohibited by law, by this Agreement or by our Policies. You cannot retract a bid except in exceptional circumstances, as outlined in LotnLoad's bid retraction policy. we Subject to LotnLoad's right to temporarily suspend, indefinitely suspend or terminate your membership within the terms of this Agreement or any of its Policies if you do not complete a transaction without lawful excuse you may be in breach of your obligations to both LotnLoad and the vendor and you may be liable to each.

4. 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 buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and are obliged to purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay.
(b)	Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
(c)	Please take care when setting an Autobid, as once your Autobid is placed, it cannot be altered or withdrawn.
(d)	It is your responsibility to read the Product Information and Sale Overview about any item we post for auction on the Site. Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
(e)	Please make sure you understand the delivery and payment terms, including any addendum to those terms and conditions as outlined in the item’s description or in the Sale Overview. Note that a Buyer’s Premium, and other charges including a delivery and handling fee, will apply to most online auctions.
(f)	You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. 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.
(g)	Please use common sense and caution when using the Site. 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 Site 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.

5. Your Obligations As Vendor

5.1. Listing Description.
Vendor must take on liability for all information they upload as being their legal responsibility. Vendor must be legally able to sell any item listed for sale on our Site. Vendor must describe the item fully and accurately and include all terms of sale on the listing page of our Site.

5.2. Binding Bids.
If you are a vendor and receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the item's completion, unless there is an exceptional circumstance, such as:

the bidder fails to meet the terms of your listing (such as payment method);
or the bidders identity cannot be authenticated.

5.3. Manipulation.
Neither you, nor any other bidders or vendors, may manipulate the price of any item by, for example, conducting, encouraging or permitting certain activities (for example, shill bidding). You also must not, in any way, interfere with the listings of other members.

6. Hammer Price

All warranties are between the vendor and bidders. All charges and premiums are between the vendor and the bidder. Hammer price is at the bidders risk. All charges and premiums are between the vendor and the bidder.

Each lot shall lie at the bidders risk from the fall of the hammer and neither LotnLoad nor the vendor shall be accountable for any deficiency damage or loss howsoever caused which may arise thereafter.
When the winning bidder receives their lot closing email with a summary of charges, our hammer price will be regarded as true, however our GST calculation may be different from the vendors in the case of inclusive or exclusive sales.

7. Privacy Statement.

By registering for online auctions with LotnLoad, you consent to the use and disclosure of your personal information as described in this privacy statement.

7.1. Why do I need to supply personal information to participate in online auction?
LotnLoad requires your personal information in order that we can process your online bids including processing payment of amounts to us if you are the Winning Bidder. You can also register with us to tell us auctions you are interested in. Naturally, you must be a registered customer prior to placing any online bids for an auction with LotnLoad. You can view all online auctions at any time, but you will need to register before you can bid at an online auction. We also require personal information to improve the service we provide to you, such as by giving you details of auctions you might be interested in.

As a part of the registration process we validate our bidders by SMS messaging. Once you submit your registration form on our site, you will receive a SMS message which will include instruction and a unique code. You will need to use this code for final validation online.

7.2. When is personal information collected?
There are two areas on the site where you may enter and submit personal information. The first area is the Online Auction Registration Form that will need to be completed prior to placing an online bid at an auction. The second area is your Account Profile where you can modify or update some of your personal information such as the delivery address for your purchases or your telephone contact number.

We will also collect information when you submit an online bid at an online auction (such as what you are bidding for and how much you bid). In addition, the LotnLoad server automatically collects certain information about your use of our service. The information collected in each case is described under section 4 below.

7.3. Are my personal details safe when being transmitted to you?
All transmission of personal information is protected using SSL encrypted transmission between your Web browser and our Web server. You will know when transmitted data is safe by a security notice when you enter a secure page, and by the presence of an icon on your browser, either a key for Netscape or a lock for Microsoft Internet Explorer. The pages where you submit your account information, place a bid, and receive confirmation of a successful bid are all covered by our strong security measures. Additionally, secure web pages can be identified by the URL. A standard page will begin with 'http://' where as a secure web page will begin with 'https://'.

7.4. What personal information is collected?
The LotnLoad Online Auction Registration Form requires potential bidders at an online auction to provide:

their contact details and billing information (such as name, password/login, address, e-mail address, mobile number, phone number, delivery and billing address),

demographic information such as gender and date of birth

personal indentification details (such as dealer licence number, drivers license numbers, name, position, company ABN number and other company details.

purchasing preferences

Again, we stress that this information is transmitted from your Web Browser to our Web server in a secure encrypted format to ensure that your privacy is protected. If the information under 4(a) is not provided then we will be unable to process your bids at an online auction or contact you when items of interest to you come up for auction.

As stated above, we will also collect information about the bids you submit for our online auctions such as what you are bidding for, how much you bid, quantity of goods you are bidding for, plus payment if you are the winning bidder.

If you send us correspondence we may also collect this and keep it on your account file.

The LotnLoad server automatically collects additional information about your use of our service. This information can be described as "navigational data" and comprises: browser type; IP address; the URL you come from and go to; links to other sites you click on; the pages you view on our site and time spent on it; cookies; your domain type and service provider. It is standard for many sites to collect this type of information in order to enable them to monitor usage of a site and improve site content and navigation.

When a LotnLoad web page is requested and viewed, that request is logged on our servers with information including the IP address of the computer that requested the page. An IP (Internet Protocol) address is a unique string of numbers that identifies a computer or server on the Internet. These numbers are normally shown in groups separated by periods. Your IP address is stored in our bidder database whenever you place a bid, and may be used for various purposes including:-
- To increase the level of customer security. IP addresses can be used to validate your bids.
- Diagnose service or system problems reported by our users that may be associated with IP addresses controlled by a specific Internet Service Provider (ISP)

7.5. Where will my personal information be used?
Personal information such as contact details and billing information is collected in order that we can efficiently process your registration and your bids at online auctions.

We also want to make your experience online a satisfying and safe one by making it easier and more rewarding for you to use our services. We therefore ask you to provide other personal information such as purchasing preferences and demographic data. Naturally, we want you to come back and visit us regularly, so we use the data you supply to us, and your bidding history at online auctions to tailor the content we display to you according to your preferences. We may also use it to advise you when certain items of interest to you come up for bidding at auction.

Navigational data collected by our system that identifies you personally will not be used. Rather, LotnLoad may combine navigational data and use the aggregated results (i.e. results which do not identify any individual) in order to create a better online experience for you. We do this by using the aggregated data to monitor site usage, for marketing to banner advertisers and to improve the look, content and navigation of the site.

7.6. Will my personal information be given to anyone else?
Our warehouse does supply your name, delivery address and telephone number to our courier for the dispatch of your purchases, but we require them to keep this information confidential. In addition, your details may be passed on to third parties where necessary, for the purpose of processing and collecting any amounts which may become payable by you to us.

Your initials and the name of your suburb and state are disclosed while you are bidding in an online auction. The reason for this disclosure is to allow actual and potential bidders to track the bidding for particular items at online auctions.

LotnLoad uses cookies to keep track of your bidding. These cookies are placed in your browser file on your hard drive and help us collect general information about visitor behaviour on our site, track password functions and to help us develop better functionality within our site. Cookies do not capture or track any personal information and cannot identify individual users. We may also use an outside advertising company to display ads on our site. These ads may contain cookies. Cookies received with banner ads are collected by our advertising company, and LotnLoad does not have access to, or control over, this information.

You may also elect not to accept cookies on your browser. This should not adversely affect your experience when visiting the LotnLoad superstore.

Our site may from time to time contain links to other sites. We stress that these sites may have a different privacy policy to LotnLoad's and you should check this with them.

7.7. How will LotnLoad keep my personal information safe?
The most important thing to remember here is to always keep your LotnLoad login and password secret. Never give your login and password to anyone. LotnLoad encrypts the transmission of personal data between your Web browser and our Web server so information remains secure when sent to us. Additionally, personal information received from you is stored in a system that is not connected to the Internet and is not accessible in any way. LotnLoad operates with a VeriSign Digital Server Certificate, featuring today's state of the art cryptographic techniques to ensure that Digital ID's are not forged or tampered with.

7.8. Can I correct or update my personal information?
Once you have registered for online auctions with LotnLoad, you may at anytime access and modify the personal information you provided in the Registration Form by visiting My Account. This includes updating your delivery address to ensure items are sent to the correct location or providing an updated contact telephone number should we need to contact you regarding delivery as well as altering your credit and details.

In order to ensure that we can provide you with the most efficient service we ask that you alter your profile, if necessary, before submitting further online bids for online auctions. You can also add or delete or alter your purchase preferences so that we can provide you with a better service. The My Account section of the LotnLoad web site will also allow you to review other information such as your bidding history at online auction.

LotnLoad will also take reasonable steps to destroy or permanently de-identify personal information if it is no longer required or if you ask us to do so because you no longer intend to use our site. However, due to technical and accounting constraints your personal information may not be completely destroyed. LotnLoad may also need to retain personal information in order to fulfil legal responsibilities or resolve disputes which may arise.

7.9. Contacting LotnLoad
Naturally, it is in our interest to protect your privacy in order that we develop a long and trusted relationship with you. If at anytime you have any questions regarding this Privacy Statement, the practices of this site or dealings with this Web site, you can contact:

LotnLoad Auctions
PO Box 452
Bowral
NSW 2576
Email: help@lotnload.com.au

7.10. Online Auction Privacy Statement Updates
LotnLoad strives to comply with the National Privacy Principles in the National Scheme for Fair Information Practices in the Private Sector. LotnLoad also intends to comply with industry privacy codes as and when they are developed.

We may amend our Online Auctions Privacy Statement if further privacy legislation and/or self-regulatory codes are introduced.

These amendments will take effect from the time of posting and you should check back from time to time for any such amendments.