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Terms

BY USING LOT37.CO.UK, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. Please read these Terms of Service carefully.

If you do not agree to these Terms of Service, please do not enter lot37.co.uk or register as a bidder.

1. Acceptance of Terms of Service

lot37.co.uk is provided by Lot37 Ltd. ("Lot37") under these Terms of Service. These Terms of Service govern your use of lot37.co.uk (whether you are a registered bidder or a visitor) and govern all services provided to you by Lot37 in connection with lot37.co.uk.

2. Amendments

2.1 We reserve the right to amend these Terms of Service from time to time without notice to you. Please check the Terms of Service periodically to see whether a change has been made to them. If you do not agree with any change in these Terms of Service, please discontinue further use of lot37.co.uk. Your continued use of Lot37.co.uk will signify your acceptance of any change in the Terms of Service set out here.

2.2 From time to time Lot37 may supplement these Terms of Service with additional terms applying to specific content or events, such as competitions ("Additional Terms"). Any Additional Terms will be clearly placed on Lot37.co.uk to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms of Service.

2.3 Lot37 may modify or discontinue Lot37.co.uk with or without notice to you and without liability to you or any third party.

3. Registration

3.1 Although portions of Lot37.co.uk may be viewed by anyone who visits Lot37.co.uk you will need to register as a bidder in order to access some Lot37 services.

3.2 When you register with us you are stating that you are eighteen [18] years of age or over [We do not allow persons who we know to be 17 years of age or younger to register with Lot37.co.uk.]

3.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up-to-date at all times.

4. Password and Security

4.1 When you register to use Lot37.co.uk you will be given a password. You must keep this password confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately.

5. Privacy Policy

5.1 We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from you. Please click here to access our privacy policy, which forms part of these Terms of Service. All use of your personal information will be in accordance with our Privacy Policy and will comply with all applicable UK data protection legislation.

6. Your use of Lot37.co.uk

6.1 You alone are responsible for your use of Lot37.co.uk and the consequences of any such use. By using Lot37.co.uk you agree to comply with the following guidelines:

(a) Lot37.co.uk is to be used by you only and the use of Lot37.co.uk to obtain financial gain is prohibited.
(b) Lot37.co.uk may only be accessed manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is specifically forbidden.
(c) You may not attempt to build a copy of our data or reverse engineer our processes.
(d) Where address information is provided by Lot37 on Lot37.co.uk, in our reports, forms and search results, you may not use such information to contact any party to the reported transaction.
(e) You may use Lot37.co.uk and any printed reports, for your own research, study or other uses that do not infringe upon the copyright of Lot37 and our licensors. You may not publish or reproduce any part of the data or work derived from the data without our specific written permission. Such permission will either be clearly stated on Lot37.co.uk or may be requested by post or email.
(f) Lot37.co.uk may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind.
(g) You must not use Lot37.co.uk or any part of Lot37.co.uk in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
(h) Breach of these terms of service may make you liable to civil legal action and or criminal prosecution. You should note that you must agree to end-use licenses to view our information and that breach of such licenses renders you liable to legal action instigated by the Government agencies who are the licensors.

7. Intellectual Property

7.1 Lot37.co.uk, its contents and all Rights therein are owned by Lot37 (and/or its licensors). "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) Lot37.co.uk is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.

7.2 You may view, print, download or temporarily store extracts from Lot37.co.uk for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Lot37.co.uk material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any Lot37.co.uk content or materials.

7.3 By submitting content, which shall include your member name, to any "public area" of Lot37.co.uk, including message boards, forums and contests, you grant Lot37 a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.

7.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licenses stated above. Subject to the foregoing, the owner of such content placed on Lot37.co.uk retains any and all Rights that may exist in such content.

7.5 The price and sale data provided for Scotland has been purchased and/or derived from data purchased from the Registers of Scotland (an executive agency responsible for recording property transactions in Scotland ). Lot37 acknowledge that all such data is Crown copyright. Registers of Scotland permit Lot37 the right to use the data. The right to use the data is not transferable to any member or subscriber to Lot37.co.uk. All use other than specifically stated in these terms of service is excluded. If you are unsure about an intended use of the Crown copyright data you should not proceed.

7.6 The price and sale data provided for England and Wales has been licensed and/or derived from data licensed from Land Registry (an executive agency responsible for recording property transactions in England and Wales ). Lot37 acknowledge that all such data is Crown copyright. Land Registry permits Lot37 the right to use the data. The right to use the data is not transferable to any member or subscriber to Lot37.co.uk. All use other than specifically stated in these terms of service is excluded. If you are unsure about an intended use of the Crown copyright data you should not proceed.

8. Third Party Web Sites, Goods and Services

8.1 Lot37.co.uk provides links to third party web sites that are not affiliated with Lot37 (although Lot37 branding, advertisements or links may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.

8.2 All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and Lot37 will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Lot37 with respect to any such sites.

8.3 Subject to the terms of our Privacy Policy, Lot37 may, from time to time, send email messages to you containing advertisements or promotions including links to third parties. Lot37 makes no representation or warranty with respect to the quality, suitability, or functionality of any goods or services which may be obtained from third parties as a consequence of these e-mails, and you agree that Lot37 shall have no liability with respect thereto

9. Disclaimer of Warranties

9.1 Lot37.co.uk is provided on an "as is" and "as available" basis. Lot37 expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.

9.2 You understand and agree that Lot37 does not guarantee the accuracy or completeness of any information in or provided in connection with Lot37.co.uk. Lot37 is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst Lot37.co.uk is provided for the general information of the general public, all information is provided on the basis that Lot37, its employees and consultants and its members (while such members are participating in Lot37.co.uk), are not engaged in rendering legal, financial or other professional services or advice. Lot37 advises you to seek appropriate professional advice if you require it.

9.3 Lot37 shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on Lot37.co.uk. Your participation in Lot37.co.uk is solely at your own risk. No advice or information, whether oral or written, obtained by you from Lot37 or through Lot37.co.uk shall create any warranty not expressly made in these terms of service or imposed by law.

10. Limitation of Liability

10.1 Except as required by law, Lot37 shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill or revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether Lot37 has been advised of the possibility of such damages.

10.2 Lot37 will not be liable for any such losses or damages whether arising in contract, tort (including negligence) or otherwise arising out of or in connection with this website including without limitation the use or the inability to use Lot37.co.uk, or messages received, or transactions entered into through Lot37.co.uk, or resulting from unauthorized access to or alteration of your transmissions or data.

10.3 If Lot37 has any liability to the Customer arising out of this Agreement, (whether in contract or tort), Lot37 liability shall be limited in all circumstances to the sums paid to Lot37 by the Bidder pursuant to this Agreement in respect of the services to which the claim relates.

11. Termination & Remedies for Breach of these Terms by You

11.1 Lot37 will be entitled to restrict, suspend or terminate your bidder status or deny you access to Lot37.co.uk or take such other action as Lot37 deems appropriate if Lot37 determines, in its sole discretion, that you are in breach any of the Terms of Service or Lot37 considers in its sole discretion that your use of Lot37.co.uk is inappropriate or otherwise unacceptable.

11.2 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which Lot37 may have against you in respect of your breach of these Terms of Service.

11.3 Lot37 shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Lot37 in its sole discretion considers reasonably necessary or appropriate

12. Indemnification

You agree to indemnify and hold each of Lot37, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of Lot37.co.uk, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity

13. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.

14. Miscellaneous

14.1 In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will at the election of Lot37, be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.

14.2 Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.

14.3 Lot37 may assign its rights and obligations under these Terms of Service and upon such assignment Lot37 shall be relieved of any further obligation under these Terms of Service.

14.4 These Terms of Service, any Additional Terms (as defined in section 2 above) and the Privacy Policy constitute the entire understanding between you and us as to your use of Lot37.co.uk and supersede all prior agreements and understandings between us and you.

15. Auction Terms & Conditions

Lot37 Limited

TERMS AND CONDITIONS

These Terms and Conditions apply to and are binding on all Sellers and Buyers for Lot37 online property auctions for properties in England and Wales .

Prior to the Auction:

1.

All properties marketed on Lot37 are the responsibility of the Estate Agent who submits such property to Lot37.

2.

The Seller and the Seller's Estate Agent are responsible for carrying out such other marketing of the property as they consider appropriate.

3.

The Seller will arrange for his Solicitor/Licensed Conveyancer to prepare a legal pack to be made available to potential buyers.

4.

The Guide Price, Reserve Price, Buy Now Price and duration of the auction shall be determined by the Seller and Estate Agent.

5.

All potential buyers must register as bidders with LOT37 prior to the auction date.   In order to register, potential buyers must

 

(i)

Register in accordance with the procedure set out on LOT37's website ( www.Lot37.co.uk )

 

Upon receipt of the above, the prospective buyer will receive an authorization e-mail with a bidder's password and log-in details which will enable the registered bidder to activate the bidding zone.

6.

A prudent buyer will before bidding for a lot at auction:

•  Take professional advice from a conveyancer and, in appropriate cases, a chartered surveyor

•  Read the conditions

•  Inspect the lot

•  Carry out usual searches and make usual enquiries

•  Check the content of all available leases and other documents relating to the lot

•  Check that what is said about the property on Lot37 is accurate

•  Have finance available for the deposit and purchase price

•  Check whether VAT registration and election is advisable

 

These conditions assume that the buyer has acted like a prudent buyer.

7.

It is the responsibility of the registered bidder to satisfy himself immediately prior to the commencement of the bidding that there are no amendments to the property details or legal pack and to make such enquiries as the registered bidder considers appropriate. Registered bidders are deemed to have knowledge of any such amendments and enquiries.

8.

To the extent permitted by law, LOT37 owes no duty of care regarding the Seller's Estate Agents' property details or the Seller's legal pack and has not been involved in the preparation of nor checked either of these.

9.

LOT37 reserve the right to refuse to allow a property to be auctioned using its electronic auction facility or to withdraw a property from auction if in its absolute discretion it considers such property to be unsuitable or such auction to be inappropriate.

Conduct of the Auction

10.

The auction of the property will be conducted on line.

11.

The auction start date and time and auction closing date and time shall be as shown on LOT37's website.

12.

Bids will only be accepted from registered bidders.

13.

All bids are deemed inclusive of any VAT payable unless otherwise specifically stated on LOT37's website.

14.

All properties are subject to a reserve price unless otherwise stated on LOT37's website.

15.

Lot37 and the relevant Estate Agent may choose not to accept a bid or to withdraw a bid at anytime.

16.

Guide and Reserve Prices are not to be taken as an indication of the value of the Lot .

17.

The Seller may not bid on their own property.

18.

In the event of a dispute, LOT37's decision is final and binding.

19.

All registered bidders acknowledge and agree that the operation of the Internet is beyond the control of LOT37 and LOT37 does not warrant that the user will have uninterrupted access.  LOT37 will have no liability to the Seller or any registered bidder should there be connection or internet problems at the time of the auction sale.

20.

Should there be technical problems with LOT37's website at the time of the auction, LOT37 reserve the right to re-schedule the auction to a later time.

After the auction sale

21.

Immediately after the conclusion of the auction sale, LOT37 will notify the Solicitors/Licensed Conveyancers for the Seller and the registered bidder whose highest bidder was equal to or above the reserve price the identity of the other party and their Solicitors/Licensed Conveyancers who must exchange Contracts under Law Society's Formula B within 30 days thereafter (or earlier by mutual arrangement) At this stage, the sale and purchase will become legally binding.

General

22.

The measurements and areas referred to in the brief property details on LOT37's website are approximate only.  The registered bidders should rely entirely on the legal pack supplied by the Seller's Solicitor/Licensed Conveyancer.

22.

The Guide Price is not an indication of the value of the property or of the reserve price.

23.

The registered bidders agree to

 

(i)

LOT37 sending their details to the Estate Agent representing the Seller and

 

(ii)

LOT37 sending details of other suitable properties to them.

24.

LOT37's role is to:-

 

(i)

Conduct the electronic auction

 

(ii)

Register bids

 

(iii)

Declare the successful bidder who equals or exceeds the reserve price on the fall of the electronic hammer.

 

(iv)

Notify the Solicitors/Licensed Conveyancers for the Seller and the successful bidder

25.

The law of England and Wales shall apply and the English and Welsh courts shall have sole jurisdiction.

 

 
 
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