Terms and Conditions

Updated 1st August 2020

Definitions

- “The Provider” means the Madison Trust
- "The Collection Agent" means CollectIT Ltd, instructed on behalf of The Provider to collect and process fees
- “Commencement Date” is the date which these terms and conditions are accepted
- “Subscription Period” is the period for which a subscription is active
- "the Website" means the website with URL https://www.auctioniq.co.uk
- "the Data" means any information including text, video, audio and images.

Agreement

Use of the Website constitutes acceptance of these Terms and Conditions.

You are solely responsible for the confidentiality and use of and access to this when using your user name and/or password.

You may not republish, sell, license or in any way redistribute the Data on the Website.

By accessing the site you agree to receive weekly emails with the latest listing information. These emails can be unsubscribed from at any time.

Privacy

Our commitment to your privacy and the security of your personal information is outlined in our privacy policy. You hereby acknowledge that the Provider operates its direct marketing on an opt out basis and that the Provider may deliver emails until an unsubscribe request is made. The Provider undertakes to ensure that an unsubscribe link is available on all marketing emails.

No warranties or representations

Whilst every care has been taken in preparing the data, no guarantee, representation, warranty or undertaking (express or implied) is given and no responsibility or liability is accepted by us as to the accuracy or completeness of the the Data. The Provider or its Directors/Trustees shall not be liable for any Data provided and make no warranties that the data feed will operate uninterrupted or without error or that any error will be corrected. It is explictly noted that if an auction is cancelled then this may not be updated on the Website.

We furthermore give no warranties that the formats in which the data is provided are compatible with your computer's hardware or software, or that accessing the Companies website, downloads, emails or attachments,will be free of errors, viruses, worms or Trojan horses or any other threats to the integrity of your hardware or software, and we shall not be held liable for any damage you may suffer as a result of such threats.

You hereby accept that the use of this the Data is entirely at your own risk, and by your acceptance of these conditions of use, you certify that you are satisfied that your current virus, software and computer integrity protection systems are adequate and installed on your computer. We reserve the right to withdraw any data or content at any time.

Disclaimer and limitation of liability

Although we have taken care to ensure that the the Data is accurate and that you suffer no loss or damage as a result of your its use, this Data and any supplementary services are provided "as is". Use of the Data and any supplementary services are entirely at your own risk. You assume full responsibility for the risk or loss resulting from its use. Due to the automated nature of the data feed, the onus is on the user to corroborate the details on the provided reports with the information provided in the gazette and by the auctioneer to ensure the correct property is being reported on.

Furthermore it is the responsibility of the user to confirm the terms and conditions of the auction as these differ between auctioneers and whilst every effort it made to ensure accuracy in this regard, no liability will accepted for omissions or incorrectly published terms and conditions.

Save for any liabilities that we cannot restrict by law, we and our shareholders, agents, consultants or employees are not liable for any damages or expenses whatsoever relating to your use the Data or any supplementary services or an inability to access the Data. This includes, without limitation, any direct, indirect, special, incidental, consequential, loss of profit, punitive damages or expenses, whether arising out of contract, statute, delict, law or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

Without derogating from the generality of the above, we will not be liable for:

- any interruption, malfunction, downtime or other failure deliver the Data or supplementary services, for whatever reason;
- any loss or damage arising from your investment decisions or purchases based on the Data;
- any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems;programming defects; negligence on our part or caused by the year 2000 computer problem;
- any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
- any event over which we have no direct control.

Subscription

Subscriptions renew on a monthly basis until cancelled.

Subscription fees are payable monthly in advance and will be deducted from your nominated bank account or credit card on the 1st of every month by the Collection Agent. Should the deduction date fall on a non-working day, the deduction will be made for the following day or shortly thereafter. Ad hoc charges incurred for products and services not included in the chosen package will also be deducted on this date if you have selected debit order as your payment method. Ad hoc charges will be deducted from credit cards as soon as practically possible after the charge is incurred. Any upgrades to subscription packages are on the same terms as the initial package.

Upon termination of this Agreement you will pay all outstanding monies due to the Provider within 5 calendar days of receiving an invoice or statement in respect thereof. You acknowledge that your credit card details are stored by one or more PCI compliant providers the first time they are provided in order to enable one-click processing of subsequent orders and subscription charges. You also acknowledge that you will not be asked to re-enter the credit card details for subsequent transactions.

A full calendar months notice shall be required by you to cancel the subscription however the Collection Agent will endeavour to cancel your subscription in the same month as notice is provided as long as the notice is provided before the 25th of the month

Subscriptions can be cancelled via email to the Provider or via the "My Account" section on the website

Refunds outside the scope of the CPA shall be at the discretion of the Provider

You agree to immediately notify the Collection Agent if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail. Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. Multiple users (networked or otherwise) are not allowed to access the the Data or service through a single name and password and may cancel or suspend your access without further obligation to you.

Breach and termination

Should you fail to observe and perform any of the terms, conditions or obligations in this Agreement, then the Provider shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, immediately terminate this Agreement and recover all its costs related to such termination, including Legal Costs; and/or
- terminate, without notice, your access to the Data and recover all its costs related to such termination, including Legal Costs

Amendment of this agreement

The Provider reserves the right to amend this agreement from time to time without notice to you. Any new version of the agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 days after the date on which it is first displayed. It is your obligation to visit our web site on a regular basis in order to ascertain whether any amendments have been made.

Entire agreement, and no representations

This Agreement comprises of the entire agreement between the Parties in relation to its subject matter, and it supersedes any written or oral representations, be they express or implied, and any prior agreements between you and the Company concerning the use of the Data.

No Party shall be bound by any express or implied term, representation, warranty, promise or the like not expressly recorded in this Agreement.

Failure to enforce rights

Failure by the Provider to enforce a right as provided in this Agreement will not constitute a waiver in respect of that right.

Contact Information (domicilium citandi et executandi)

Each of the Parties chooses domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement as follows:

You: The email address used as your login
The Provider: support@auctioniq.zendesk.com