User Terms

The User Terms for www.emax.bid and all related sites, applications, services or tools (the “Emax.bid Platform”) are below. Also below is a short summary of the key provisions of our terms and your responsibilities as a user of our Emax.bid Platform.

Please read these User Terms carefully before you start to use the Emax.bid Platform, in order to receive the online auction content and all related service.

By:

  • accessing the Emax.bid Platform and/or any content made available through it; and/or

  • receiving the online auction content and/or related services; and/or

  • registering with Emax.bid and/or all related sites, applications, services or tools

you indicate that you accept these User Terms and that you agree to abide by them. If you do not agree, please refrain from using the Emax.bid Platform.

Please note that auctioneers, or other third parties, may have their own terms and conditions which you also may be obliged to comply with depending on your use of the Emax.bid Platform. We are not a party to their terms or have any liability under them.

Summary of User Terms

These User Terms (together with the Privacy Policy) ("the Terms") tell you the terms of use on which you may use our Emax.bid Platform. Please read these carefully. We highlight some key terms below:

What We Do for You

  • We provide online auction and shop content and related services on our Emax.bid Platform. The Emax.bid Platform is only a means of communication to view online auction content an shops and/or participate in auction sales and we are not an online auctioneer, nor an online seller. Therefore, we are not a party to the contract for sale and purchase entered into between you, the bidder, and the auctioneer or the seller.

  • We are not in control of the information made available by auctioneers or sellers which you access via the Emax.bid Platform. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer or seller may offer for sale through the Emax.bid Platform.

  • We do not charge you for your general use of the Emax.bid Platform. We are paid by auctioneers and sellers to provide the Emax.bid Platform to potential bidders/buyers and this may include commission.

What You Agree To Do

  • Use the Emax.bid Platform in accordance with our Terms.

Parties:

  • Emax GmbH (“Emax” or the “Operator”)

  • You, the user of the Service ("the User").

1. Definitions

  • "Content" means all data, information, advice and downloaded materials contained or referred to in or accessed from the Emax.bid Platform.

  • "Intellectual Property Rights" means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.

  • "Licensor" means any licensor or affiliate of Emax, or any auctioneer or seller placing Content on Emax.bid Platform, including without limitation any third parties placing Content on the Emax.bid Platform.

  • "Service" means the provision of Content (which includes without limitation, news, data, catalogues, and other services) provided on the Emax.bid Platform to the User by Emax. Some Services provided by Licensors are subject to additional terms and conditions which the User is required to register for and accept before accessing and using them.

  • "Website" means the Emax.bid Platform.

2. Our agreement

2.1 These User Terms constitute a legally binding agreement between you as the User and Emax establishing the terms and conditions under which you may have access to, and use of, the Emax.bid Platform and the Content.

2.2 The Content of the Emax.bid Platform may be restricted by law in certain Countries. It is the responsibility of the User to determine what those restrictions are and to observe them.

2.3 These User Terms are subject to change. Emax reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended User Terms on www.emax.bid. The amended User Terms shall become effective immediately. The Terms are also for the benefit of any auctioneers or other sellers who Emax from time to time in its discretion permits to have the benefit (but not the burden) of these User Terms.

2.4 These These User Terms replace all previous terms and conditions.

3. Basis of use

3.1 Upon acceptance of these User Terms the User has a non-exclusive, non-transferable, non-sublicenseable license to use the Service and download Content for its own personal non-commercial use in order to view the Content only, unless other more restrictive conditions apply to the use of that material (the "License"). Emax has the right to revoke this License at any time or to remove Content from the scope of the License without notice.

3.2 The User agrees not to:

3.2.1 use the Service in any way to either directly or indirectly prejudice Emax's interests or those of its Licensors or affiliates and/or the provision and exploitation of the Service in any way;

3.2.2 copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Emax.bid Platform or the Service (other than to the extent required to view the Content as contemplated by 3.1);

3.2.3 create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Emax.bid Platform or the Service (by spidering or otherwise) or enable or permit others to do so.

3.3 Emax shall make the Service available to Users in such forms as it reasonably deems appropriate from time to time.

3.4 The User shall provide at its own cost suitable access to the internet or equivalent through which the Service is intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.

3.5 All products and services contained on or referred to on the Emax.bid Platform (including Content that can be downloaded) are subject to availability and Emax has the right to withdraw any product or service at any time without notice.

3.6 Emax may update the Website regularly and may change the Content at any time without notice. If the need arises, Emax may suspend access to the Emax.bid Platform or close it indefinitely. Any Content on the Emax.bid Platform may be out of date at any given time and Emax is under no obligation to update the Content. In addition, Emax may from time to time restrict access to parts of the Emax.bid Platform or the entire Emax.bid Platform to Users who have registered with Emax.

3.7 Emax reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Service at any time.

3.8 The Content, commentary and other materials displayed on the Emax.bid Platform are not intended to amount to advice on which reliance should be placed. Emax disclaims all responsibility and liability arising from any reliance placed on such materials by any User of the Emax.bid Platform, or by anyone who may be informed of the Content. Notwithstanding the above, the Content and all other material displayed on the Emax.bid Platform is subject to the exclusions of liability set out in these User Terms and the User should not rely on the Content or other material displayed on the Emax.bid Platform as being accurate or up to date but should independently verify all information.

3.9 Emax's Privacy Policy forms part of these User Terms.

4. Items advertised for sale on the Emax.bid Platform

4.1 Emax provides a resource where catalogues and other sale details from dealers, auction houses and other sellers (“Sellers”) can conveniently be viewed. For the purpose of these User Terms, Emax's role is limited to the provision of the Service for the publication of information on items offered for sale provided by the Sellers ("Items"). Please refer to Bidder/Buyer Terms and Conditions below for Emax services provided to facilitate online bidding at auctions and online purchase of Items (“Online Services”).

4.2 For the avoidance of doubt, Emax is not responsible for any errors in information about Items on the Emax.bid Platform. Emax does not evaluate Items and does not act as a specialist or expert on any related subject matter. Emax makes no warranties or representation of any kind or nature with respect to Items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the User has any questions, then they should contact the Seller or the auctioneer directly. In particular, it is the User's responsibility to understand the Seller's payment and shipping terms and those of the auctioneer.

4.3 Users must register and agree to the Bidder/Buyer Terms before they can participate in any sale or auction (whether live or otherwise) using Emax Online Service.

4.4 Items are sold subject to the terms and conditions of the Seller and any terms and conditions of the auctioneer. It is the User’s responsibility to obtain and to read the auctioneer's and seller's terms and conditions carefully before making a bid or offer to purchase any Item.

4.5 Emax is not a party to any transaction between the User and the Seller for the sale of Items nor is Emax acting as agent for or otherwise on behalf of any Seller. Accordingly, the User accepts that he/she will have no claim or cause of action against Emax in respect of the sale (or non-sale) of any Item.

4.6 Whilst Emax may endeavor to facilitate electronic or other communications between Users and Sellers, it accepts no responsibility in respect of the availability or performance of any such services.

5. Title and intellectual property rights

5.1 Emax or its Licensors are the owners of all Intellectual Property Rights in relation to the Emax.bid Platform and its Content and, except to the extent expressly permitted by the License granted at clause 3.1, the User may not copy, extract, utilize, download, distribute, re-sell, use or publish (including by any means of electronic dissemination or extraction) the Content in any way without the prior written consent of Emax.

6. Warranty

6.1 Emax does not provide any warranties in respect of the accuracy, operation or usefulness of the Service, nor does it warrant that its operation will be uninterrupted or error free.

6.2 Emax warrants that it shall endeavor to perform its obligations under these User Terms with reasonable care and skill.

7. Exclusions and limits of liability

7.1 Except to the extent expressly provided in these User Terms Emax makes no representation or warranty of any kind (express, implied or statutory), nor are any conditions included in relation to this Emax.bid Platform or the Content. Emax excludes (to the fullest extent permitted by law) all such warranties, representations and conditions.

7.2 The Content is provided for general information only. Any advice or information received through the Emax.bid Platform or its Content should not be relied upon as being correct or accurate as it is a User's obligation to verify independently such matters from primary sources of information and/or by taking professional advice.

7.3 The User is not entitled to rely on the Content, the Service or any associated service of the Emax.bid Platform.

7.4 Except in the case of death or personal injury arising from Emax's own negligence or for Emax's fraud, Emax excludes all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any costs, losses, claims, damages, expenses or proceedings incurred or suffered by the User arising directly or indirectly in connection with the Emax.bid Platform and its Content, including without limitation any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with the Emax.bid Platform, its Content, the Service or associated services (including but not limited to information, advice, and all content and software downloaded from the Emax.bid Platform), or due to any unavailability of part or all of the Emax.bid Platform or any Content, the Service or associated services.

7.5 For the avoidance of doubt, all liability of Emax for loss of profits, economic loss, wasted management time, special, incidental, indirect, and/or consequential loss or damage, is also expressly excluded to the fullest extent permitted by law.

7.6 Emax accepts no liability or responsibility for the use made of the Services by the User or those under its control and, in particular but without limitation, the content of any information.

7.7 The exclusions and limitations of liability in these User Terms are also for the benefit of Emax’s affiliates (if any).

8. Links to other internet websites

8.1 Emax aims to provide a high quality of service to its Users through the Emax.bid Platform and for information and convenience Emax may from time to time provide links to other internet websites. The inclusion of such hyperlinks, however, does not imply any endorsement, representation or warranty regarding those websites or the contents of those websites.

8.2 The User may not link directly or indirectly, or facilitate the linking of, the Emax.bid Platform to any other website without Emax's prior written consent, provided that no consent is required for links made solely for the purposes of operating and providing a bona fide search engine, although Emax reserves the right at any time to require any such linking to cease.

9. Indemnity

9.1 The User shall to the fullest extent permitted by law fully indemnify Emax and each of its affiliates (if any) from and against all liabilities, demands, losses, costs, damages and actual expenses (including reasonable legal fees) suffered or incurred by or awarded against Emax or any of its affiliates in consequence of or arising out of any actions of the User that are inconsistent with, or are in breach of, these User Terms, any relevant national or international laws or regulations or arising out of the User's negligent, fraudulent or illegal use of the Service or which infringe the rights of others.

10. Termination

10.1 The agreement constituted by these User Terms ("Agreement") including without limitation the License to use the Emax.bid Platform and any or all of the Content may be terminated by the Emax at any time without cause or notice.

10.2 Any termination of this Agreement will be without prejudice to any other rights or remedies of Emax or any of its affiliates under this Agreement or at law and will not affect its accrued rights prior to the date of termination. Clauses 4, 5, 6.1, 7, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement.

11. Data Collecting and Sharing

11.1 The User acknowledges and agrees that Emax and its Licensors may collect process and store personal data and feedback regarding the User transactions with Licensors and share this personal data with any Licensor receiving Emax's Services on an ongoing basis to ensure the integrity and reputation of their Services and to protect Licensors from default.

12. Ancillary provisions

12.1 Severability If any of the provisions or part of a provision of these User Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced unless the substantive purpose of these User Terms is then frustrated, in which case either party may terminate the Agreement forthwith on written notice.

12.2 Waiver No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.

12.3 Assignment/sublicensing The User may not assign or sublicense the Agreement or any benefits or interests arising under these Agreement without the prior written consent of Emax.

12.4 Governing law and jurisdiction The place of fulfillment is Gessertshausen, Germany. These User Terms (and accordingly all visits to the Emax.bid Platform) shall be governed by the law of the Federal Republic of Germany. German law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is an entrepreneurin the sense of §§ 1,2,3,5 and 6 HGB (German Commercial Code), a legal entity under public law according to § 38 section I ZPO (German Code of Civil Procedure) or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be the place of business of Emax GmbH. The same applies if the customer has no general legal venue in the Federal Republic of Germany or his domicile or normal place of abode is not known at the time a lawsuit is filed. This is without prejudice to Emax's right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.

13. Contacting Us

13.1 Contacts If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at info@emax.bid

14. These User Terms are subject to change. Emax reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended terms and conditions on Emax Website (www.emax.bid) in the Terms and Conditions page. The amended User Terms shall become effective immediately.

These User Terms were last updated on 02nd August 2017 and replace all previous Emax User Terms.

Bidder/Buyer Terms

The Bidder/Buyer Terms for www.emax.bid and all related sites, applications, services or tools (the “Emax.bid Platform”) are below. Also below is a short summary of the key provisions of our terms and your responsibilities as a Bidder/Buyer through our Emax.bid Platform.

Please read these Bidder/Buyer Terms carefully before you start to use the Emax.bid Platform in order to receive the online bidding and purchasing services. By using the Emax.bid Platform in order to receive the online bidding and purchasing services, you indicate that you accept these Bidder/Buyer Terms (including on behalf of your Business (as defined below), if relevant) and that you and your Business (if relevant) agree to abide by them. If you do not agree, please refrain from using the Emax.bid Platform to receive the online bidding and purchasing services.

Definitions

  • "Content" means all data, information, advice and downloaded materials contained or referred to in or accessed from the Emax.bid Platform.

  • "Intellectual Property Rights" means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.

  • "Seller" means any Seller or seller placing Items on sale or on auction on Emax.bid Platform, including without limitation any third parties placing Items on sale or on auction on Emax.bid Platform.

  • "Seller Site" means the website of the Seller.

  • "Online Service" means the provision of online auction services and online sale services (more particularly described in paragraph 2 of this Bidder/Buyer Terms), provided on the Emax.bid Platform by Emax, that facilitate online bidding at auctions and purchase of Items on online shops.

  • "Website" means the Emax.bid Platform.

  • Item” means items offered for sale or auctioned.

  • Emax” means Emax GmbH, Fichtenstrasse 5, 86459 Gessertshausen, Germany, email address: info@emax.bid.

Summary of Bidder/Buyer Terms

These Bidder/Buyer Terms (together with the Privacy Policy and the User Terms and Conditions (and those of the Sellers to the extent also applicable)) ("the Terms") tell you the terms of use on which you may use our Emax.bid Platform, in particular our Online Services to facilitate online bidding at auctions and online purchase of Items. Please read these carefully. We highlight some key terms below:

What We Do for You

  • We provide Online Services (more particularly described in paragraph 2 of this Bidder/Buyer Terms) that facilitate online bidding at auctions and purchase of Items on online shops.

  • The Online Services are only a means of communication to participate in auction sales or to buy from online shops. Therefore, we are not a party to the contract for sale and purchase entered into between you, the Bidder/Buyer, and the Seller. Emax is not a party to any transaction between the Bidder/Buyer and the Seller for the sale of Items, nor is Emax acting as agent for or otherwise on behalf of any Seller.

  • We are not in control of the information made available by Sellers which you access via the Online Services. We cannot therefore make any representations, warranties or guarantees in connection with what the Seller may offer for sale through the Online Services or otherwise.

  • We do not charge you, the bidder, for your use of the Online Services. We are paid by the Sellers to provide the Online Services to potential bidders/buyers.

What You Agree To Do

1. Use Online Services in accordance with the Terms. In particular you agree that we can change modify or remove any of the Online Services without notice and without reason at any time. You also agree that our liability is limited in accordance with paragraph 9 of the Bidder/Buyer Terms.

2.You also agree to indemnify us against any claim action, or right against us that arises through your act, omission or breach of the Bidder/Buyer Terms and also in respect of any taxes, duties and levies that may apply where the Seller agrees with you to deliver any Item for you.

3. If you are registering to use the Online Services (in accordance with clause 3.2 of these Terms) on behalf of a company, partnership, sole trader, limited liability partnership or any other person (your "Business") you warrant represent and undertake that you have authority to (i) act on behalf of your Business; (ii) bind your Business to these Terms; and (iii) bind your Business to any contract or arrangement entered into as a result of receiving the Online Services (including any agreement entered into with a Seller). You acknowledge that where you do not have the authority to act on behalf of your Business and bind your Business in accordance with (i) to (iii), above, you will remain personally liable to Emax in respect of these Bidder/Buyer Terms and personally liable in respect of any agreement entered into with a Seller as a result of receiving the Online Services.

4. Where you require the Items to be exported you are responsible for any export license, permissions and customs declarations.

5. Emax is not a party to any transaction between the User and the Seller for the sale of Items nor is Emax acting as agent for or otherwise on behalf of any Seller. Accordingly, you accept that you will have no claim or cause of action against Emax in respect of the sale (or non-sale) of any Item.

1. Our Agreement

1.1 By accessing Online Services, you agree to be bound by these terms and conditions, which constitute a legally binding contract between you (defined in these terms as the "Bidder/Buyer") and Emax.

1.2 These Bidder/Buyer Terms are additional to Emax's User Terms.

1.3 For the purposes of these Bidder/Buyer Terms, Emax shall mean Emax GmbH, Fichtenstrasse 5, 86459 Gessertshausen, Germany, email address: info@emax.bid.

1.5 Notwithstanding paragraph 1.5 above, Emax may, from time to time, seek to improve the Online Services and improve the functionality of the Emax.bid Platform for the benefit of Bidder/Buyers ("Improvements"). Where Emax makes such Improvements, Emax are entitled to vary these Bidder/Buyer Terms with immediate effect. Any changes to the Bidder/Buyer Terms made by Emax as a result of Improvements will not apply to Online Services already provided under the previous version of the Bidder/Buyer Terms.

1.6 These Bidder/Buyer Terms replace all previous Bdder/Buyer terms and conditions.

2. Services provided by Emax to Bidder/Buyer

Online Services

2.1 Subject to the Bidder/Buyer's compliance with its obligations under these Bidder/Buyer Terms, Emax will use reasonable endeavours using reasonable skill and care to provide some or all of the following services from time to time to the Bidder/Buyer:

2.1.1 Collecting bids on Auctions published on Emax.bid Platform

Emax allows the Bidder to participate in the auctions published on Emax.bid Platform by placing bids in advance of the auction, in terms of Maximum Bid. The “Maximum Bid” or “Absentee Bid” is the highest amount the Bidder is willing to bid on a specific Item. Absentee Bids are executed by Emax on behalf of the Bidder during the auction at the lowest possible amount.

In relation to Absentee Bids (and without prejudice to any other right or remedy that Emax may have under these Bidder/Buyer Terms):

  1. The Absentee Bid are at the risk of the Bidder. Subject always to clause 10, Emax accepts no responsibility for and shall not be liable for the communication and placement of Absentee Bids, including (but not limited to) any direct or indirect loss that may occur:

i) as a result of a failure to communicate the Absentee Bid to the Seller due to any disruption or disturbance to the wider internet; or

ii) for any other reason

(b) Emax will at no time be agent for the Bidder and/or the Seller; and

(c) Communication of the Absentee Bid through the Emax.bid Platform does not constitute or guarantee the Seller's acceptance of the Absentee Bid.

Bids are placed over a defined time period (“Bidding Period”).

2.1.2 Collecting Purchases Requests on Items on Sale on Emax.bid Platform

The Buyer can request to buy an Item on sale for the price requested by the Seller. Purchase Requests are communicated by Emax on behalf of the Buyer to the Seller and the Item is sold by the Seller to the Buyer in accordance with the Seller’s Terms.

In relation to the Purchase Requests to the Seller (and without prejudice to any other right or remedy that Emax may have under these Bidder/Buyer Terms):

  1. The purchase requests are at the risk of the Buyer. Subject always to clause 10, Emax accepts no responsibility for and shall not be liable for the communication of Purchase Requests, including (but not limited to) any direct or indirect loss that may occur:

i) as a result of a failure to communicate the Purchase Request to the Seller, due to any disruption or disturbance to the wider internet; or

ii) for any other reason

(b) Emax will at no time be agent for the Buyer and/or the Seller; and

(c) Communication of the Purchase Request through the Emax.bid Platform does not constitute or guarantee the Seller's acceptance of the Purchase Request.

2.1.3 Access to and participation in "Live Auctions" managed on Emax.bid Platform. Live auctions are traditional or internet-only auction sales conducted by an Seller that take place at a physical location or on internet-only. A Live Auction conducted on Emax.bid Platform allows the Bidder to participate in the auction either by placing bids in advance of the auction (“Maximum Bids”, during the absentee session of the auction) or during the auction (“Live Bids”, during the live session of the auction). Access to Live Auctions is only open to Bidder who have registered and been approved in accordance with paragraph 3.2.

2.1.4 Access to and participation in “Timed Auctions” managed on Emax.bid Platform.

A Timed Auction can take place online and the Seller will organise the sale (such organisation includes (but is not limited to) the Seller describing and cataloguing the lots, posting the lots on the Website (or Seller Site) and dealing with post sale matters). The Timed Auction conducted on Emax.bid Platform is an automatic process that is administered according to parameters (such as bid increments and end times) established by the Seller and takes place without the Seller calling the bids. Bids are placed over a defined time period (“Bidding Period”). Bidders can view the highest current bid. The highest bid, (being the greatest bid that meets or is in excess of any reserve bid), at the end of the Bidding Period is successful. A Timed Auction:

(a) will either be open to all registered Bidder who have registered and been approved by Emax and/or the Seller in accordance with paragraph 3.2 or restricted to a defined group of Bidder, according to the Seller's chosen criteria; and

(b) may also be a ‘private treaty sale’ where Bidder cannot see the bids placed by other Bidder/Buyers.

2.1.5 "Buy it now" functionality may be available in certain Timed Auctions conducted on Emax.bid Platform, where this is selected by the Seller – this permits the Bidder to buy the lot for a maximum "buy it now" price at which point the lot closes regardless of what the actual end time is, and the lot will be sold to the Bidder in accordance with the Seller Terms. Note that where a Bidder makes a "Maximum Bid" which is one increment below the "buy it now" price, the option to "buy it now" will automatically be removed.

General

2.2 Emax reserve the right to change, modify or remove all and/or any of the Online Services at any time (with or without notice to the Bidder/Buyer) and without reason.

2.3 Emax and/or any Seller may terminate, restrict and/or refuse the Bidder/Buyer's use of the Online Services and/or remove or alter any content at any time and for any reason.

2.4 Should the Bidder/Buyer have any queries, concerns or complaints about the Online Services these should be directed to our Support Team (email info@emax.bid)

3. Responsibilities of the Bidder/Buyer

3.1 Bidder/Buyer access

3.1.1 Those who have been barred, refused or suspended by Emax or any Seller are not permitted to access and/or receive the Online Services.

3.1.2 Those who access the Emax.bid Platform and/or the Online Services on behalf of their business, warrant that they have authority to bind that business.

3.2 Registration and user credentials

3.2.1 If the Bidder/Buyer wishes to use the Online Services, Bidder/Buyer must:

a) register with and be approved by Emax; and

b) be approved by the Seller.

3.2.2 For the avoidance of doubt, the Bidder/Buyer's registration with Emax in accordance with paragraph 3.2.1(a), above, will require the Bidder/Buyer to agree to abide by these Bidder/Buyer Terms on registering to receive the Online Services. The Bidder/Buyer's agreement to these Bidder/Buyer Terms does not constitute Emax's approval of the Bidder/Buyer and notwithstanding paragraph 2 Emax may at any time terminate, restrict and/or refuse the Bidder/Buyer's use of the Emax.bid Platform and/or the Online Services without notice.

3.2.3 For the avoidance of doubt, the Bidder/Buyer's approval by the Seller, in accordance with paragraph 3.2.1(b) above, will require the Bidder/Buyer to agree to abide by the Seller’s terms and conditions published on the Catalogue Page of each auction/shop. The Bidder/Buyer's agreement to the Seller's terms and conditions does not constitute the Sellers's approval of the Bidder/Buyer and notwithstanding paragraph 2 the Seller may at any time terminate, restrict and/or refuse the Bidder/Buyer's use of the Emax.bid Platform and/or the Online Services without notice.

3.2.4 The Bidder/Buyer will supply all information requested by Emax and/or the Seller in order to register and represents, warrants and undertakes to Emax and to the relevant Seller that all such information is complete, truthful and accurate. It is the responsibility of the Bidder/Buyer to update and maintain changes to such information. Emax and the relevant Seller are entitled to rely on any information provided by the Bidder/Buyer.

3.2.5 Emax and/or the Seller reserve the right to refuse registration and/or approval to any person for any reason. Such refusal shall be in the absolute discretion of Emax and/or the Seller.

3.2.6 On registration a Bidder/Buyer will be allocated a unique user ID which must be used in conjunction with the Bidder/Buyer password, these are known as "User Credentials".

3.2.7 The Bidder/Buyer's access to the Emax.bid Platform and/or the Online Services must only be achieved using these User Credentials.

3.2.8 The Bidder/Buyer must ensure that User Credentials are not disclosed to any other person and in any event they must only be disclosed to persons under the authority and control of the Bidder/Buyer for the purpose of ensuring the Bidder/Buyer has access to the Emax.bid Platform and use of the Online Services. If the Bidder/Buyer believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the User Credentials, the Bidder/Buyer must immediately notify Emax by email at info@emax.bid.

3.2.9 The Bidder/Buyer shall be liable for any use of the Emax.bid Platform and/or Online Services made using the User Credentials and for any misuse of the User Credentials.

3.3 Protecting Emax and the Services.

The Bidder/Buyer warrants and undertakes that:

3.3.1 its access to and use of the Emax.bid Platform and/or the Online Services will not cause Emax any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to Emax, or cause the Emax.bid Platform and/or the Online Services to become less efficient, less effective, or less functional;

3.3.2 the Bidder/Buyer will not impose unreasonable stress, burden, or demand on the Emax.bid Platform and/or the Online Services;

3.3.3 the Bidder/Buyer will comply with Emax's instructions regarding the use of the Emax.bid Platform and/or the Online Services from time to time and also will not bypass measures to prevent or limit access to the Emax.bid Platform and/or the Online Services;

3.3.4 the Bidder/Buyer will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to Emax;

3.3.5 the Bidder/Buyer will not copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Emax.bid Platform and/or the Online Services other than in order to bid for Items or to buy Items using the Online Services;

3.3.6 the Bidder/Buyer will not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Emax.bid Platform and/or the Online Services (by spidering or otherwise) or enable or permit others to do so; and

3.3.7 The Bidder/Buyer will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.

3.4 No sniping

3.4.1 Bid sniping (such as watching a timed online auction and placing a winning bid at the last possible moment giving others no time to outbid), whether manual or automated, is strictly prohibited on Online Service and the Bidder/Buyer warrants and undertakes that the Bidder/Buyer will not place or permit to be placed any bids on any Items in any auction by way of sniping.

3.4.2 Any attempt at bid sniping will automatically extend the relevant auction time and without prejudice to any other right or remedy of Emax and/or the Seller may result in the Bidder/Buyer's access to the Emax.bid Platform and Online Services and/or the Seller Site being suspended or revoked.

3.5 No shill bidding

3.5.1 Shill bidding (where the seller of an item at auction, or someone known to the seller, places a bid in order to inflate the price of the product being sold), whether manual or automated, is strictly prohibited on the Online Services and the Bidder/Buyer warrants and undertakes that the Bidder/Buyer will not place or permit to be placed any bids on any lots in any auction by way of shill bidding.

3.5.2 Any attempt at shill bidding may extend the relevant auction time and without prejudice to any other right or remedy of Emax and/or the Seller may result in the Bidder/Buyer's access to the Emax.bid Platform and Online Services and/or the Seller Site being suspended or revoked.

4. Duration of the Services

4.1 Unless terminated earlier as provided in these Bidder/Buyer Terms, the Bidder/Buyer's approval and right to use the Online Services shall apply on an auction-by-auction basis, item by item, although a Seller may (in its absolute discretion) grant approval for a Bidder/Buyer to participate in more than one auction.

5. The Emax.bid Platform and/or the Online Services are only a means of communication to participate in auction sales or to submit purchase requests and Emax is not 'an online Seller'

5.1 Emax act only as host and the Emax.bi Platform and/or the Online Services act only as a means of communication intended to provide online access to the Seller's auction or shop. Bids and Purchase Requests may be made and accepted utilising the technology inherent in the Online Services. Without prejudice to paragraph 3.4 above, when a Bidder/Buyer bids for an Item or requests to buy it, the Bidder/Buyer does so in accordance with the terms and conditions provided by the Seller for that sale and not Emax, as more particularly described in paragraph 7 below. The Bidder/Buyer is responsible for independently ensuring that they are aware of those terms and conditions and undertake to bid in accordance with those terms and conditions.

5.2 Emax is not a party to the contract for sale and purchase entered into between the Seller, (and/or its principal) and the Bidder/Buyer, nor is Emax acting as agent for any such person. Emax shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.

6. Charges

6.1 Emax does not charge Bidder/Buyers for accessing the Emax.bid Platform and/or the Online Services.

6.2 The Seller may charge Bidder/Buyers in respect of auction bids or otherwise through commission payments or other charges. The Bidder/Buyer acknowledges that any charges or commission arrangements that the Seller may request for the Online Services are a matter between the Bidder/Buyer and the Seller and are not the responsibility of Emax. It is the responsibility of the Bidder/Buyer to check if he/she is happy with any charges or commission arrangements before bidding/buying or otherwise incurring any liability to the Seller.

6.4 The Bidder/Buyer acknowledges that any charges, Deposit(s) or commission arrangements that the Seller may make or require for the Online Services or in respect of an auction are a matter between the Bidder/Buyer and the Seller and are not the responsibility of Emax. It is the responsibility of the Bidder/Buyer to check if he/she is happy with any charges, Deposit(s) or commission arrangements before bidding or otherwise incurring any liability to the Seller.

6.5 In any event, Emax will not be directly involved in or responsible for any Payment, refunds and/or Deposit(s) due to or from the Bidder/Buyer.

7. Seller terms

7.1 Each Seller will have their own terms and conditions ("Seller Terms"): these terms and conditions may differ from those of another Seller. A Bidder/Buyer accepts that in bidding at an auction or submitting a purchase request, he/she accepts the specific terms and conditions of that Seller and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder/Buyer to ascertain the nature of these terms and to abide by them.

7.2 Whilst it is the responsibility of the Bidder/Buyer to read the Seller Terms and to comply with them, the Bidder/Buyer is reminded that the following provisions typically apply (subject to any contrary provisions in the Seller Terms):

7.2.1 the Bidder/Buyer must not bid in an auction where they are the seller nor must they procure or encourage any person to do so on their behalf;

7.2.2 the Bidder/Buyer must not contact other bidders prior to the full conclusion of the sale of the lot;

7.2.3 the Bidder/Buyer must not contact other bidders prior to the full conclusion of the sale of the lot;

8. No representation and warranties

8.1 Emax makes no representations or warranties whatsoever in connection with what the Seller may offer for sale through the Online Services or otherwise.

8.2 The Bidder/Buyer accepts that the Seller is solely responsible for any undertaking, representation and/or warranties ("Representation") made in respect of an Item, including but not limited to:

8.2.1 Representation as to quality of items;

8.2.2 Representation as to the description of items;

8.2.3 Representation as to fitness for purpose of items;

8.2.4 Representation as to truth or accuracy of statements made;

8.2.5 Representation as to authenticity or provenance in respect of items;

8.2.6 Representation as to legality of items;

8.2.7 Representation as to title of items;

8.2.8 Representation as to the liability of any party to the contract to complete the transaction.

8.3 Emax has no knowledge as to, or responsibility for, the safety of Items. The Bidder/Buyer must not pre-suppose that all Items are risk free and not dangerous to the Bidder/Buyer. Emax do not accept any responsibility to protect Bidder/Buyers from injury or even death resulting from use of these Items.

8.4 Emax have no knowledge as to, or responsibility for, the legality of Items. The Bidder/Buyer must not pre-suppose that all Items are lawfully sold in the relevant jurisdiction. Emax do not accept any responsibility to protect Bidder/Buyers from any illegality arising from their purchase or use of Items.

8.5 Emax is not in control of the information made available by Sellers accessed via the Online Services. The Bidder/Buyer accepts that Emax is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.

8.6 Emax does not warrant that the Emax.bid Platform and/or Online Services are free from infection by viruses or any other technologically harmful material that may infect the Bidder/Buyer's computer equipment, computer programs, data or other proprietary material ("Bidder/Buyer's Computer System") arising out of the Bidder/Buyer's use of the Emax.bid Platform or the Seller site. The Bidder/Buyer accepts that Emax does not accept responsibility to protect the Bidder/Buyer's Computer System from such viruses or other contamination or destruction. Subject to paragraph 9.2.1, below, Emax will not be liable for any loss or damage to the Bidder/Buyer's Computer System caused by a distributed denial-of-service attack or by any other cyber attack.

9. Liability

9.1 Provision of the Services not guaranteed.

9.1.1 The Bidder/Buyer accepts that access to Emax's Services (whether Emax.bid Platform and/or the Online Services or access to a particular Item) may be withdrawn at any time. The Emax.bid Platform and/or the Online Services may be interrupted and provision of the Emax.bid Platform and/or the Online Services is not guaranteed. Bidder/Buyers must not rely on and are not entitled to rely on Emax's Services (whether Emax.bid Platform and/or the Online Services or access to a particular Item) to make bids. Such Online Services and Emax.bid Platform may not be continuous and may be interrupted by factors within or outside Emax's control.

9.1.2 The Emax.bid Platform and/or the Online Services are provided free of charge by Emax (see paragraph 6 above) 'as is' and 'when is' available only. Emax shall have no liability where a bid or a purchase request fails to be received by the Seller or is delayed, or where the bid or the purchase request is made in error for whatever reason. Emax is under no obligation to correct erroneous bids or purchase requests or to resubmit bids or purchase requests which were lost in transmission or otherwise not received by the Seller.

9.2 Limitation of liability generally and for the Online Services

9.2.1 The Bidder/Buyer accepts that Emax's liability is limited to the fullest extent available in law. The Bidder/Buyer releases Emax from all liability to the fullest extent permitted by law.

9.2.2 Emax shall not be liable for the following (but not limited to); negligence, consequential damage, special, indirect and direct losses, loss of reputation, good will, contract, profits, revenues and (to the fullest extent permitted by law) all other losses arising out of or in connection with this agreement with the Bidder/Buyer.

9.2.3 Under no circumstances are Emax liable for the Seller Site or the acts or omissions of the Seller or any seller with whom the Bidder/Buyer contracts or with whom Emax link or facilitate communication with the Bidder/Buyer.

9.2.4 The Bidder/Buyer agrees to pursue any dispute, claim, action or right against any Seller or any seller independently and without recourse to Emax. The Bidder/Buyer agrees to release Emax from all and any liability for any dispute, claim, action or right in any way associated with the Bidder/Buyer's use of the Emax.bid Platform and/or the Online Services.

9.2.5 The Bidder/Buyer will be responsible for any losses or damages suffered or incurred by Emax in respect of any inaccuracy of the Bidder/Buyer's data due to incorrect input of data by the Bidder/Buyer and the Bidder/Buyer shall indemnify Emax against all liabilities, costs, expenses, damages and losses (including direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable professional costs) suffered or incurred by Emax arising out of such inaccuracy of data.

9.2.6 The Bidder/Buyer agrees to indemnify Emax to the fullest extent available in law where any claim, action or right against Emax arises through the Bidder/Buyer's act or omission or breach of any of these terms and conditions. The Bidder/Buyer accepts and agrees that Emax may in such circumstances take action against the Bidder/Buyer or seek to join the Bidder/Buyer to such a claim.

9.2.7 The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of Emax's employees, agents, affiliates and subcontractors.

9.2.8 Nothing in these Bidder/Buyer Terms shall operate to exclude or limit a party's liability for death or personal injury caused by its negligence or for its fraud.

10. Personal information

10.1 Emax may make such use of any information (including any personal data) arising from or in connection with or supplied by any Bidder/Buyer, as is necessary to provide for the effective provision of the Emax.bid Platform and/or Online Services, and as further provided in Emax's Privacy Policy.

10.2 Emax may collect certain personal data (including the Bidder/Buyer's address, contact number and email address) from the Bidder/Buyers on behalf of the Sellers and the Bidder/Buyer agrees that Emax is entitled to pass this information to the Seller concerned.

11. Data Collecting and Sharing

11.1 The Bidder/Buyer acknowledges and agrees that Emax and its Sellers may collect process and store personal data and feedback regarding transactions Bidder/Buyers have with Sellers and share this personal data with any Sellers receiving Emax Services on an ongoing basis to ensure the integrity and reputation of their services and to protect Sellers from default.

12. Confidentiality

12.1 The Bidder/Buyer will keep confidential any information received from Emax in connection with the Online Services and will not use the information other than as necessary to access and use the Online Services as expressly contemplated by these Bidder/Buyer Terms. This restriction shall not apply to the extent the information (a) enters the public domain through no fault of the Bidder/Buyer; or (b) is required by law to be disclosed.

14. Entire agreement

15.1 These Terms constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.

15.2 Each of the parties acknowledges and agrees that in entering into an agreement based on these Terms it does not rely on any statement not contained within these Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.

16. Assignment

16.1 Emax may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.

17. General

17.1 The place of fulfillment is Gessertshausen, Germany. These Website Terms (and accordingly all visits to the Website) shall be governed by the law of the Federal Republic of Germany. German law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is an entrepreneur in the sense of §§ 1,2,3,5 and 6 HGB (German Commercial Code), a legal entity under public law according to § 38 section I ZPO (German Code of Civil Procedure) or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be the place of business of Emax GmbH. The same applies if the customer has no general legal venue in the Federal Republic of Germany or his domicile or normal place of abode is not known at the time a lawsuit is filed. This is without prejudice to Emax’s right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.

18. These Bidder/Buyer Terms are subject to change. Emax reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended terms and conditions on Emax Website (www.emax.bid) in the Terms and Conditions page. The amended terms and conditions shall become effective immediately.

These Bidder/Buyer Terms were last updated on 02nd August 2017 and replace all previous Emax Bidder/Buyer Terms.