TERMS AND CONDITION

 


Sole Owner is the trading name of Response Business Group, ACN no. 617 239933, registered in Australia.

A. Definitions

  1. "Auction" means presenting a property for sale on the Sole owner's website and system.
  2. "Auctioned Property" means property that is sold by falling the hammer due to a willing and able bidder offering to purchase it by bidding and the auctioneer accepting the given bid.
  3. "Reserve Price" means the amount of money agreed upon by the seller to sell the property.
  4. "Deposit" means the amount of money deposited by the buyer.
  5. "Bid" means an offer to purchase by indicating a specific amount.
  6. "Buyer Bidder" means an interested buyer; the person willing and able to make an offer to buy
  7. "Seller, Vendor, or Property Owner" means the person willing to sell his or her property, whether an individual or a corporation.
  8. "Business Day" means Monday to Saturday, excluding public holidays or any day declared a holiday in each state within Australia.
  9. "Holiday" means Sunday or any day declared by the government of each State within Australia as a public holiday.
  10. "Services" means the related product, business practise, and efforts made by the sole owner in return for money.
  11. "Users" means any individual who visits or uses Sole Owners website or services personally or on behalf of a corporation.
  12. "Agents" means any brokerage firm with a current trade licence and active broker card that is representing a buyer (bidder) or a seller (property owner, vendor).
  13. "Bank account" means an account in favour of Response Business Group, which receives funds.
  14. "Service fee" means the amount paid to the sole owner for service provided for the Seller (property owner, vendor) or buyer (bidder).
  15. "Brokerage fee" means the fees payable to any brokerage firm representing the buyer (the bidder or buyer's agent).
  16. "Money" means Australian dollars.
  17. "KYC" means Know Your Customer. 
  18. "Terms & Conditions" means the section displayed on the Sole Owner website that includes the different policies of the products and services offered.
  19. "Privacy Policy" means the Privacy Policy section displayed on the Sole Owner website.

a.     By using our services and/or this website, including any sub-platforms of this website, you acknowledge and agree to be bound by the terms, conditions, notices, and disclaimers in our "Terms and Conditions".

b.     To the fullest extent permitted by law, you acknowledge and agree that Sole Owner reserves the right to modify or vary any terms, conditions, notices, or disclaimers about these "Terms and Conditions", at our sole and absolute discretion, without notice or liability to you or any third party, including without limitation to reflect any changes in the law, technology, or our operations and services.

c.     You acknowledge and agree that the sole owner may assign or transfer its rights or obligations under these "Terms and Conditions" without your consent.

d.     In the event the "Terms and Conditions" are modified or varied in any way whatsoever, your use and/or continued use of this website, including any sub-platforms of this website, constitutes your acceptance of any modified or varied "Terms and Conditions".

e.     Should you object to these "Terms and Conditions", or any modifications or variations to these "Terms and Conditions", your sole remedy is to immediately cease your use of our services and/or this website, including any sub-platforms of this website.

f.      This website, including any sub-platforms of this website, allows you to do the following, including without limitation:


B. Your Use and Access to our Platform

1.     Search and view the properties listed on this website.

2.     Register to buy, rent, or bid at the auction for any property listed online.

3.     Livestream an auction of any listed property.

4.     Access an online bidding platform for any listed property and bid on any listed property at an auction.

5.     Electronically execute a legal instrument, including, as applicable, a Contract of Sale to purchase the property ("the Sole Owner Platform Services").

a.     While you may search for and view a property listed on this website, you must register to use and access all other facilities and services available on this website, including the Auction Platform Services.

b.     To successfully register and create an account on this website, including any sub-platforms of this website, you must: Provide true, accurate, complete, and up-to-date information and data as required from time to time by the sole owner and/or any authorised third-party property agent (you may need to provide credit card details; please check our privacy policy).

 Proof of Identity: To register to buy and sell, you must present

·      100-point ID check

·       KYC requirements

 

C. You Acknowledge and Agree that:

  1. Your use of and access to our Platform Services are subject to your successful registration on this website.
  2. You are responsible for ensuring your registration has been processed at least forty-eight (48) hours prior to the commencement of any auction. Failure to successfully register at least forty-eight (48) hours prior to the commencement of any auction may mean you are unable to Livestream the auction, access the online bidding platform, and/or bid at the auction.
  3. You are responsible for ensuring that all persons who intend to or are otherwise required to execute the Contract of Sale and any other legal instrument on a successful bid at the auction are registered on this website at least forty-eight (48) hours prior to the commencement of any auction.
  4. You may be requested from time to time to provide additional information, data, or personal identification documents by the sole owner. Failure to provide the additional information, data, or personal identification documents may result in the rejection or refusal of your registration or the suspension, cancellation, or deactivation of your account.
  5. In order to ensure the integrity of this website and its services, the sole owner reserves all rights, in its sole and absolute discretion, to reject or refuse your registration or otherwise suspend, cancel, and deactivate any user from its website for any reason whatsoever. The sole owner is not required to provide any reason, explanation, or clarification as to the rejection or refusal of any registration, suspension, cancellation, or deactivation of any user. For the avoidance of any doubt, the sole owner may reject, suspend, cancel, and/or deactivate your account for any reason whatsoever, notwithstanding whether your registration was or has been accepted by an authorised third-party.
  6. You are responsible for conducting your due diligence check in relation to any property listed on this website.
  7. You are responsible for obtaining any legal or financial advice in relation to any property listed on this website, including any valuation, condition report, and/or advice regarding the Contract of Sale or any other legal instrument to purchase any property listed on this website.
  8. You are responsible for ensuring that you have read and understood the Contract of Sale.
  9. Sole Owner uses all reasonable endeavours and reasonable safeguards to implement and provide you with use and access to this website, including its Auction Platform services; however, it does not make any representations, statements, or warranties whatsoever that your use or access shall be timely, secure, free from interruption, or free from error.
  10. Your use of or access to this website may be suspended or unavailable for any reason whatsoever, including, without limitation, technical difficulties with your internet connection and/or service provider in the case of system failure, maintenance, or repair work. To the fullest extent permitted by law, the sole owner accepts no liability and takes no responsibility for any lack of access or inability to use the website or any of its services.
  11. You warrant that:
    1. All information and data provided by you to us through this website (including as part of the registration process) or otherwise is true, accurate, complete, and up-to-date.
    2. Should any of your information or data provided to us be inaccurate, incomplete, or have changed in any way, you will promptly amend or update that information or data.
    3. Your Login ID and password used to access this website, including its Auction Platform Services, and any other details of your account are kept in a safe and secure location.
    4. You are the only person who can use your Login ID and password or account details to use and access this website, including its Auction Platform Services.
    5. You should not provide your Login ID, password, or account details to another person.
    6. You are responsible and liable for the actions of any person that uses or engages in any unauthorised use of your Login ID, password, or account on this website (including any unauthorised use of your credit card).
    7. You will notify us if you are aware of, become aware of, or otherwise have grounds to believe that there is or has been unauthorised use of your Login ID and password, your Account, or any other security breach relating to your account with our website and our services.
    8. You must comply with all relevant and applicable laws, rules, regulations, standards, and codes to use this website and our services.
    9. Should you successfully place the highest bid at any online auction facilitated through this website, including any sub-platforms of this website, and that bid is accepted by the authorised Auctioneer conducting the auction, you have full power and authority to enter into any Contract of Sale for the purchase of property and any other legal instrument as required by the laws applicable in Australia and each state , where the property is located.
    10. You will not engage, permit, or entice another person to:

·       Use this website, including its Auction Platform Services, for any activities or conduct that breaches any laws, regulations, rules, standards, or codes in force from time to time or otherwise infringes a third party's rights.

·       Use this website in any manner or way; post or transmit to the website any material that interferes with, defames, harasses, threatens, menaces, or offends any person, or which prevents any other person from using or enjoying the website and its services, including its Auction Platform Services.

·       Make fraudulent or speculative enquiries or requests through the website.

·       Make unreasonable, false, fraudulent, or dummy bids through the website.

·       Use another person's details (including their personal information, login details, and password or account details) without their permission or impersonate another person when using the website.

·       Create any registered account by automated means or under false or fraudulent pretences.

·       Sign (whether in person, electronically, or otherwise) any documents on behalf of any person but yourself and/or any company entity to which you are not a director and/or secretary, unless you have the proper authority and permission granted by means of a power of attorney or other legal instrument recognised by the law.

·       Post or transmit any obscene, indecent, inflammatory, pornographic, or any other material that may give rise to civil or criminal proceedings.

·       Tamper with or hinder the operation of the website, including its Auction Platform Services.

·       Knowingly transmits any viruses, worms, defects, Trojan horses, or similar disabling or malicious code to this website.

·       Modify, adapt, translate, or reverse engineer any portion of this website.

·       Use any robot, spider, site search and retrieval application, or other mechanism to retrieve or index any portion of this website, including the sub-platforms of this website.

·       Reformat or frame any portion of the web pages that are part of this website, including the sub-platforms to this website.

·       Use this website other than in accordance with these "Terms and Conditions".


D. Supply third-party services and products, for providing our services, we might offer to supply products or services of other third-party professional contractors. By ordering such a product and services, you agree

  1. Make payment for fees and charges according to the product and services.
  2. Bond by the terms and conditions of third-party contractors and suppliers.

 

E. Third-Party Content

1.     Unless expressly stated on the contrary, all information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures, and videos about any property listed on this website are prepared, produced, provided, and uploaded by or on behalf of an authorised third-party ("Third Party Content introduced by the user").

2.     You acknowledge and agree that

a.     This website, including any sub-platforms of this website, contains third-party content.

b.     You rely on third-party content at your own risk.

c.     You are responsible for making your own enquiries, conducting your own due diligence, and/or obtaining any legal or financial advice in relation to the Third-Party Content.

d.     Sole Owner makes no representation, statement, or warranty, either expressly or implicitly, in relation to the accuracy, timeliness, performance, completeness, or suitability

of the Third-Party Content found or offered on this website or any of its sub-platforms.

 

F. The Auction Platform Services

  1. You must register your virtual attendance at an auction at least forty-eight (48) hours prior to the commencement of that auction. Failure to register your virtual attendance at least forty-eight (48) hours prior to the commencement of the auction may mean you are unable to live stream the auction, access the online bidding platform, and/or bid at the auction.
  2. Any auction for any property listed on this website must be conducted by a Licenced auctioneer. Unless it uses a timed Auction system,
  3. Excluding any reasons out of our control, the online platform provides:
    1. A live and uninterrupted video stream.
    2. A mechanism to communicate with the auctioneer.
    3. A numerical representation in real-time of every bid in Australian dollars accepted by the auctioneer conducting the auction, including the status of those bids. ("the Auction Bid Ladder").
    4. All bids are made and accepted in Australian dollars.
    5. You shall be notified of the highest-value bid you make and whether such a bid has been accepted or rejected by the auctioneer. All lower-value bids made by you are considered to have been rejected upon acceptance or rejection of your highest bid.
    6. Should the property be passed in by the auctioneer as it does not reach the seller’s reserve price:

·       The sole owner is not responsible for any technical errors, system malfunctions, lags, delays, or failures in the video stream of the auction.

·       The sole owner is not responsible for any technical errors, system malfunctions, lags, delays, or failures in the Auction Bid Ladder, nor is the Sole Owner responsible for populating the information set out in the Auction Bid Ladder.

·       The sole owner is not responsible for any technical errors, system malfunctions, lags, delays, or failures related to any bid auto-rejection or auction day system malfunctions.

·       The sole owner makes no representations, statements, or warranties as to the following:

o   The accuracy and completeness of the information in the auction

o   The timeliness of imputing, populating, uploading, and/or processing any information for the auction

o   The outcome of any auction

o   That the Sole Owner administration will contact you if the property has been passed in to ascertain your interest in purchasing the property, negotiating the purchase of the property, and/or accepting any further offers on the property.

o   That the Sole Owner Administration will contact you based on your use of the passed-in Protection.

o   Any comments or requests you make using Passed-in Protection do not constitute an offer capable of acceptance by the auctioneer on behalf of the vendor(s) and are to be treated as a request for contact or an expression of interest.

o   If you are in a different time zone from the auction site, it is your responsibility to ensure you calculate the difference in the time zone.

o   You cannot retract any accepted bid on the online platform.

o   The auctioneer can refuse or reject any online bids in their sole and absolute discretion for reasons including, without limitation:

§  The bid is less than the latest bid made on the property, by way of timed auction or livestream.

§  The bid is unreasonable, or

§  The bid is below the set increment stated by the auctioneer.

g. The sole owner did not prepare, produce, or otherwise contribute in any way to the drafting of the Contract of Sale and any other legal instrument required in accordance with the laws as applicable to each state of Australia.

h. You acknowledge and agree that

·       You are responsible for payment of the remainder of the deposit of the purchase price of the property (vendor's solicitor) and/or any other required party, such as the vendor's trustee.

·       You are responsible for arranging how, when, and the mechanism by which the remainder of the deposit on the purchase price of the property is to be paid.

 

G. Intellectual Property

For the purposes of these Terms and Conditions, "Intellectual Property" includes copyright (including future copyright), trademarks (registered and unregistered), trade, business, and company names, trade secrets, and other proprietary rights, or any rights to registration of those rights, whether created before or after the last modified date of these ‘Terms and Conditions’.

  1. Response Business Group is the owner or authorised user of all intellectual property in or associated with this website, including its sub-platforms.
  2. You are not permitted to copy, reproduce, modify, transmit, post, use, licence, or distribute, whether electronically or otherwise, any intellectual property derived from this website, including its sub-platforms.
  3. Any non-authorised copies, production, modification, transmissions, postage, usage, or distribution of our website material constitutes a breach of our intellectual property rights and/or a breach of the intellectual property rights of a third party.

H. Privacy

Any personally identifiable information that you provide, upload, or submit through or in relation to this website, including its sub-platforms, is collected, used, and stored by us in accordance with our Privacy Policy.


I. Limitation of Liability

To the fullest extent permitted by law, we exclude any liability for any direct or indirect loss or loss of opportunity, damage, cost, or expense, however or wherever incurred, including, but not limited to, any loss or loss of opportunity, damage, cost, or expense that arises from or is otherwise connected with:

  1. Your use or misuse of this website, including its sub-platforms
  1. Your use or misuse of any information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures, videos, or any other information or material on this website, including its sub-platforms,
  1. Your use or misuse of any Third-Party content
  1. Your inability to register on this website, including its sub-platform,
  1. Your failure to provide the requisite information, data, and/or material required and necessary for registration and verification of identity
  1. Your rejection or refusal of registration on this website or the suspension, cancellation, or deregistration of your account by the sole owner
  1. Any registered user of this website whose accounts were created by automated means or under false or fraudulent pretences
  1. Your inability to use or access this website, including its Auction Platform services,
  1. Your inability to use or access any information, documents, data, reports, specifications, text, comments, recommendations, reviews, opinions, images, pictures, and videos any information or material on this website, including its sub-platforms.
  1. Any inaccuracies or errors in any information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures, videos, or any information or material on this website, including its sub-platforms.
  1. Your inability to use or access any Third-Party content
  1. Any inaccuracies or errors in any Third-Party Content.
  1. The loss or modification of any information (including personal information), documents, or data transmitted to or from this website, including its sub-platforms.
  1. The loss of confidentiality in any information (including personal information), documents, or data transmitted to or from this website, including its sub-platforms.
  1. The conduct of any auction for any property listed on this website, including its sub-platforms
  1. The outcome of any auction for any property listed on this website, including its sub-platforms,
  1. Any actions or omissions of the authorised third party before, during, and/or after the auction of any property listed on this website, including its sub-platforms.
  1. Any representations, statements, or warranties made by the third party authorised in relation to the property listed on this website, including its sub-platforms.
  1. The population of information on the Auction Bid Ladder, including its accuracy, completeness, and timeliness
  1. The compliance of any auction for any property listed on this website with the laws in the state in which the property is located
  1. The compliance of any Contract of Sale or any other legal instrument prepared, provided, and uploaded by the Sole Owner with the laws under which the property is located
  1. Any interruption, suspension, delay in operation, or transmission of this website, including the Auction Platform Services, for any reason whatsoever
  1. Your use or misuse of the Payment Gateway; and

 

J. Indemnity

You agree to release, hold harmless, and indemnify Sole Owner and Response Business Group LTD, to the fullest extent permitted by law, from and against any and all claims, suits, liabilities, damages, injuries, costs, and expenses (including indirect and consequential loss) whatsoever and however arising out of, in connection with, or in respect of your use of, access to, or conduct on this website, including any breach of these Terms and Conditions by you.

 

K. Severability

If any provision of these Terms and Conditions is invalid, unenforceable, or illegal, it is to be read down, if possible, to be valid and enforceable and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these ‘Terms and Conditions’.

 

L. Waiver

The failure, delay, relaxation, or indulgence on the part of the sole owner in exercising any power, right, or remedy conferred upon the Sole Owner by these ‘Terms and Conditions’ shall not operate as a waiver of that power, right, or remedy, nor shall the exercise or any single or partial exercise of any power, right, or remedy preclude any other or further exercise of such power, right, or remedy or the exercise of any other power, right, or remedy under these ‘Terms and Conditions’.

 

M. Assignment

You are not authorised to assign, sell, or transfer an interest to any third party without the approval of the sole owner (Response Business Group). Bidders who prefer to bid on behalf of another person must use the proxy form or power of attorney document in advance.

 

N. Force Majeure

Any act or event beyond the reasonable control of the sole owner, including and without limitation in part or entire Sole Owner services, systems, websites, and transactions, which could be affected by sabotage, fire, flood, explosion, strike, or industrial action malfunctioning in the computer system, insurrection, war, computer hacking, computer crashing, virus, mechanical error, power shot down, government ban, fault, and failures in the telecommunication network

 

O. Dummy Bids and Collusion

  1. It is illegal to make dummy bids at an auction. As it is an offence to collude with someone to interfere with free and open competition at the auction.
  1. The seller of the property is entitled to have one bid made on their behalf by the auctioneer. When the seller’s bid is made, the auctioneer must announce it as a vendor bid. This should not be considered a dummy bid.
    1. Co-owners and executors:
      1. A co-owner, executor, administrator, or someone bidding on their behalf may make more than one bid to purchase the property as long as:
      2. This is outlined in the auction conditions.
      3. The auctioneer has announced this before the start of bidding at the auction.

b.     Errors:

                                          i.         In the event of an error or suspicion of an error in the sole owner's system, practise, or transaction, the sole owner will resolve the error within 20 business days from the day of receiving the complaint or internal investigation.

b.    Notices: legal@soleowner.com.au  

 

 P. Applicable Law

The entire terms and conditions comply with and are protected by Australian consumer Law under the Consumer Act 2010 (Cth); nothing contained in these terms and conditions excludes, restricts, or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian consumer law. Our liability is limited to:

  1. The cost of supplying the services again or payment of those costs of having the services supplied
  2. In the event of faulty products or goods, the amount is equal to the product or goods or the replacement or repair, whichever is possible by the company.
  3. In the event of a failure of software resulting in the cancellation of an auction event, the only option is to readvertise and submit the new date and time or relist the property.

 

 Q. Contact Information’s

  1. Customers and users of Sole Owner were requested to register and provide an email address as well as phone numbers. Should there be any changes, the relevant changes must be communicated as soon as possible.
  1. One-time passwords (OTP) will assist and identify each user; however, the sole owner will not accept any responsibility if any user fails to use the system correctly following the examples below.
    1. Incorrect email address, mobile number, or out-of-date information
    2. Using spam filters causes an email to be sent to spam folders.
    3. The user’s service is blocked by the service provider.

 

R. Transaction fees

Users agree and understand that bank charges, government fees, or any applicable taxes introduced by the government will be added to the transaction amount and borne by the users accordingly.

Eligibility of GST on the auction final price is in accordance with the ATO regulations (As per the Australian Tax Authority), which state that Goods and Services Tax will be added to all auction prices if applicable and all charges, including administration fees and fines.

 

S. Payments

Users understand and acknowledge that by using and participating in Sole Owner, they agree to pay the prescribed fees to the following private and government entities, including penalties if applicable.

1.     Registration fee and added products and services charged by the sole owner or third party

2.     KYC charges, if applicable

3.     Valuation report, if applicable

4.     Brokerage fees (Should a brokerage firm be involved in buying or selling)

5.     GST (Goods and services tax)

 

 T. Deposit amount

Users agreed to secure a 10% payment as a deposit towards properties for sale at auction as soon as a contract of sale has been signed.

 

U. Refund

1.     Any amount wrongfully charged by the sole owner will be checked by our finance team and will be refunded accordingly.

2.     In the event of the death of any participant, all payments or refunds will be passed on to their legal heir after obtaining a judgement from the court according to each state or territory in which the property is located.

 

V. Common Auction Conditions   

This auction is being conducted under certain conditions that are set by law.

The auctioneer will have these conditions on display before the auction so that you can read them. The auction conditions include:

  1. The highest bidder is the purchaser, subject to any reserve price.
  2. The auctioneer is entitled to make only one bid on behalf of the seller.
  3. Before the auction, the auctioneer must announce that he is permitted to make one bid on behalf of the seller.
  4. The auctioneer must announce immediately before or in the process of making the bid that he or she is making a vendor bid.
  1. The auctioneer can refuse a bid that is not in the interests of the seller.
  2. The auctioneer has no authority to accept a late bid, that is, a bid after the fall of the hammer.
  1. If there is a disputed bid, the auctioneer is the sole arbitrator and makes the final decision.
  2. The successful buyer’s name must be given to the auctioneer as soon as possible.

 

 W. The Participant confirms the following:

  1. The participant does not hold the sole owner responsible for the refusal of the concerned entities to register the property in his or her name.
  1. The participant acknowledges that he or she is aware that the competent authority is responsible for the refund of the rent or vacancy on the property or businesses, and the sole owner bear no responsibility.
  1. Buyers confirm that all the information submitted by them is accurate. False statements and information result in fines and legal action.
  1. Those willing to purchase through our website shall register their data and choose a username and password of their own so that they can use the services of the site.
  1. Buyers confirm that before bidding, they understand and have received independent legal advice regarding the following:

a.     Auction rules, regulations, and practises

b.     Lot Information

c.     Selling and purchasing contracts, time, and date of execution of contracts

d.     Expenses, fees, and charges; commission payable on the properties from buyers and sellers

  1. The participant acknowledges and agrees with the estimated value of the Lot without relying on the sole owner's advertisement or information.
  1. All participants and bidders in Sole Owner must be over the age of 18 and must not be prohibited or restricted by laws. He or she also has the right to make the full payment.
  1. The participant acknowledges that should he or she become a successful bidder or buyer, he or she is enabled to finalise the procedures, provide the remaining amount, and sign the sale and purchase agreement.
  1. Should any participant breach the rules of the auction, resulting in the loss of a selling opportunity, or if the participant fails to complete the transaction, the bidder could be sued for damages.

 

The only representations, warranties, undertakings, and contractual obligations to be given or undertaken by the vendor or sellers.

Are those contained and expressly referred to in the written-on Authority for sale between the vendor or sellers and a purchaser.

Prospective purchasers should refer to the Special Conditions, Notices, Auctioneer’s pre-sale announcement, Common Auction Conditions, General Conditions, and other documents (i.e., the Addendum) that are set out in the relevant sections of the website.

Sole Owner Auctions has the right to determine, suspend, or terminate any of the services provided by the site, and may prevent users from entering the site or removing any material published on it, or take electronic or legal action to prevent users from entering the site without warning. If administration finds "Sole Owner Auctions" to be in need of any of the procedures listed above for any reason, note that the company has the right to cancel accounts or inactive accounts when needed.

 

Revised Dated 28th of June 2023