2010
Weekly Wheels Auction
OFFICIAL
RULES and CONDITIONS of SALE
1. By
participating in the 2010 Weekly Wheels Auction (the “Auction”) through the
website at www.starauctions.ca (the “Website”), you acknowledge that you
have read, understand and accept these Official Rules and Conditions of Sale of
the Auction. Please note that all transactions conducted through the Auction or
the Website are governed by the Official Rules and Conditions of Sale herein.
The Official Rules and Conditions of Sale also form a legal agreement between
the buyer, being a bidder who has bid the highest price for an item and
otherwise met any reserve price thresholds, (“Buyer”) and the seller, the vendor of an item (“Seller”). The Sellers are the sole vendors of items
in the Auction. The Auction is
administered by Toronto Star Newspapers Limited (“Toronto Star”). At no time is Toronto Star a Seller of any item
in the Auction (unless specifically indicated) and the Website is merely a venue
for Sellers to offer items for sale by online auction.
2. The Auction is open to persons 18 years of age or over who are residents of Ontario. Employees and
representatives of Sellers participating in the Auction, their immediate
families and those with whom such employees and representatives are domiciled
may bid, but not on items that are provided by the Seller with which they are
associated. You must first register
with the Website before you can bid.
Upon registration, a user will receive a user ID and password. Each member is entirely responsible for
maintaining the confidentiality of his or her user ID and password. Furthermore, members are entirely
responsible for any and all activities which occur under his or her user ID and
password. A member must immediately
notify Toronto Star of any unauthorized use of his or her user ID and password.
3. The Auction commences Thursday, March 11, 2010 at 9:00 a.m. Eastern Standard Time (“EST”)
and concludes on Tuesday, March 16, 2010 at 4:00 p.m. Eastern Daylight
Time (“EDT”) (the “Auction Period”), subject to any extension in the event the
auto bid extend feature on the Website is activated. The auto bid extend feature works to ensure that bidders will
always have a chance to challenge bids placed when an auction is about to
close. When indicated on a listing
page, if a bid is placed during the last five (5) minutes of an auction, the
auction will be automatically extended for an additional five (5) minutes from
the time of the latest bid. The auction
will close once all bidding activity has stopped for a period of five (5)
minutes.
4. Each bidder will be required to provide a valid credit card
(Visa, MasterCard or American Express only) prior to placing any bid on an
Auction item on the Website. No amount will actually be charged to the credit
card during the bidding process.
5. All items to be offered for sale in the
Auction and a detailed description of each item will be posted on the Website.
Only registered motor vehicle dealers will be permitted to sell vehicles in the
Auction. Toronto Star is not
responsible for the accuracy of the descriptions of the items or the services
presented by the Sellers. Nor does Toronto
Star accept responsibility for, and expressly denies liability of, any warranty
or description stated therein.
Statements made by Sellers are not to be construed as co-joined by
Toronto Star in any implicit or explicit approval, sponsorship, endorsement or
guarantee. The Sellers expressly assume
all risk and liability arising from the offer for sale, the actual sale and the
delivery.
6. The Auction employs a proxy bidding system
operated by Toronto Star’s computer system (the "Computer System")
administered by employees of Toronto Star (the “Auction Committee”). Through
the proxy bidding process, you tell the Auction Committee the maximum amount
you are willing to bid for an item (your “Maximum Secret SmartBid”).
Only you and the Auction Committee know your Maximum Secret
SmartBid. If you are the highest bidder
for any given item at the end of the Auction Period, you will be required to
pay GST, PST, and any other applicable taxes or fees required to be collected
and remitted by the Seller pursuant to applicable law in addition to the amount
you bid, plus any administration fees or other charges to the Seller as listed
in the description of the item. With respect to motor vehicles, your Drive
Clean certificate (if required) is also extra. In accordance with government
regulations, administrative, freight, PDI, green levies and transfer fees are
subject to any applicable taxes based on the full Manufacturer’s Suggested
Retail Price of the vehicle and not on the amount of the successful bid price.
The
Computer System enters your bid into the Computer System. The Computer System
then PLACES BIDS ON YOUR BEHALF at the LOWEST LEVEL POSSIBLE to make you the high bidder for the item. For
example, if someone outbids you, the Computer System will automatically place a
bid on your behalf that is higher than your previous bid by:
(1) $100.00
for the purpose of this auction.
The
Computer System will continue to process bids in this fashion unless/until one
of three things happens:
(1) No other
bids are higher than yours;
(2) Your
Maximum Secret SmartBid is reached; or
(3) You are declared
the successful bidder at the end of the Auction Period.
In the
event that another bidder exceeds your Maximum Secret SmartBid, you will have
to submit another bid with a higher maximum in order to continue your
participation in the Auction. You can
determine your bid standing and whether your Maximum Secret SmartBid has been
exceeded by monitoring your status on the Website.
For most
items, the Seller will set and the Auction Committee will show online on the
Website the lowest permissible opening bid (the “Opening Bid Amount”) for each
item. In the event that your Maximum Secret SmartBid is the first to equal or
exceed the Opening Bid Amount, the Computer System will automatically adjust
your opening bid to the Opening Bid Amount.
In the event that there are no bids for an item equal to or greater than
the Opening Bid Amount when the Auction ends, the item will not be sold. The Opening Bid Amounts will be rounded off
to the nearest whole dollar. The Opening Bid Amounts have been set by
the seller. The Opening Bid Amounts are fixed values that have been set by the
Sellers and will not be altered after bidding is under way.
The
starting price status update may indicate one of two values:
(1) NOT YET MET: The
value of the current high bid is less than the Opening Bid Amount; or
(2) MET: The value of
the current high bid is at least the Opening Bid Amount. The item will be sold
to the highest bidder at Auction Close.
This
proxy procedure relieves you of the hassle of submitting new bids whenever you
are outbid and of constantly monitoring the Auction. It also applies to items which are being sold with a reserve
price (“Reserve Price”). The Seller has
the option of setting a Reserve Price, which is a price below which the item
will not sell. The Reserve Price is
higher than the opening value. An item
sold with a Reserve Price allows the Seller to start the auction of an item
with an opening value below the Reserve Price to initiate bidder interest. If the Seller has set a Reserve Price, you will
see either a “Reserve Price NOT Met” or “Reserve Price Met” message on the
listing page depending on whether the current bid is below, at or above this
price.
·
Reserve Price NOT Met – means that the current amount of
the highest bid is below the reserve price and the item will not sell by the
close of the Auction.
·
Reserve Price Met – means that the current amount of the
highest bid is equal to or greater than the Reserve Price and the item will be
sold.
Note: The
Maximum Secret SmartBid that you submit may not necessarily be the price you
pay if you are the successful bidder – you may pay less, but never more. Choose your maximum carefully, as you will
be legally required to pay that price (plus any applicable taxes, fees and
additional charges) if it is the final highest bid. The advantage of the
Maximum Secret SmartBid system is that the system will bid on your behalf, all
the way up to your Maximum Secret SmartBid price if necessary. Once the lowest successful bid price rises
above your Maximum Secret Smartbid Price, you are out of the running for the
items offered and will be required to go back into the system to raise your
Maximum Secret SmartBid if you still choose to continue bidding on the item(s).
7. All bid amounts are in Canadian dollars. Bid
increments must be $100, or higher.
8. Bidding is
internet only and done exclusively through the Website at www.starauctions.ca. Bidding
on-line is as easy as…
a) Review
and accept the Official Rules and Conditions of Sale for the Auction;
b) Select
the item you want to bid on;
c) Ensure
that you know and understand all details and financing related to the item(s)
prior to bidding;
d) Click on
“Bid On This Item”;
e) If you
are a First Time Bidder, click on “Register” (where you must enter your real
name, telephone number, address, age category, place of residence and credit
card information);
f) Follow
on-screen instructions;
g) Click
“Submit”;
h) You now
have a user name and password and won’t have to put in your personal information
again. You can just get right to
bidding!;
i)
Now enter your Maximum Secret SmartBid on your chosen item;
and
j)
Click “Submit”.
Be sure
you know your Maximum Secret SmartBid prior to submission. If you submit a
Maximum Secret SmartBid against yourself, both bids will be considered valid
regardless of the fact that you submitted both bids.
9. The Computer System will administer the proxy
bidding process based on the Maximum Secret SmartBids, Opening Bid Amounts,
starting prices and incremental bidding amounts, and determine the highest bid
for each item.
10. In order to allow bidders to monitor high bids
on each item on the Website, a bidder identification code will be associated
with each published bid.
11. In the event that the highest bidders for an
item are tied during the Auction Period, all bids will be valid and considered
tied. However, if a tie occurs at the
close of the Auction, the first Maximum Secret SmartBid received for that item
will take precedence.
12. In the event of a dispute between bidders or
in the event of doubt as to the validity of any bid, the Auction Committee will
have the final discretion to determine the successful bidder.
13. If you are the highest bidder and otherwise
meet any Reserve Price thresholds, you are obligated to complete the transaction with the Seller and to
pay the price you bid for the item, together with all applicable taxes,
shipping fees and any other fees associated with the item. The Sellers set the shipping charges and
terms of shipping. Toronto Star bears
no responsibility for late, lost, misdirected or undelivered items or items
which are damaged before, during or after shipping.
You
should also know that bidding on an item is an irrevocable offer to buy the
item at the price bid and your confirmed price can only be retracted if you
have submitted your formal bid retraction request to our customer service not less than 24 hours
before the Auction closes and only under one or more of the following
circumstances:
- You made a typographical error
when placing a bid amount.
- New item information added by the Seller during
the Auction changed your understanding of the item for which your bid was
placed.
- You cannot reach the Seller via email or your
question to the Seller is returned as undeliverable or the Seller responds with
a request to sell to you directly offline.
Please
see our FAQS for an explanation of how to retract a confirmed bid.
You
cannot retract a bid if:
- You
have placed bids on a similar item.
- You
have placed a bid on a Dutch Auction (please see FAQs for an explanation of a
Dutch Auction).
- You
have changed your mind.
- You
state that you cannot pay for the item.
- You
submit a bid retraction less than 24 hours before the close of the Auction.
14. At the close of the Auction, Buyers will be notified by
email by the Auction Committee. If a
Buyer cannot be contacted by telephone or email within two (2) days of contact
first being initiated by the Auction Committee, Toronto Star reserves the right
to disqualify that Buyer (who shall have no further recourse) and deem the next
highest bidder to be the Buyer.
15. The Auction
Committee will provide the Seller with the Buyer’s contact information so that
the Seller may contact the Buyer to complete the transaction. The Buyer shall, within five (5)
business days from the time the Buyer is contacted by the Auction
Committee, meet with the Seller, sign the Agreement of Purchase and Sale
furnished by the Seller, and pay the
total purchase price to Seller or commit to pay the total purchase price to
Seller through pre-approved financing arrangements. If the Buyer fails to meet with the Seller, sign the Agreement of Purchase and Sale, and pay the
total purchase price as
contemplated herein, within the required
five (5) business days, the Seller and the Auction Committee reserve the right
to disqualify that Buyer (who shall have no further recourse). The Auction Committee may then deem the next
highest bidder to be the Buyer.
16. In each case, the Buyer may be required to sign a standard
waiver/product release form releasing Toronto Star and its parent,
subsidiaries, affiliates and related companies, employees, directors, officers,
agents and assigns from and against all actions, causes of action, claims,
demands, liabilities and damages whatsoever, including legal fees and expenses,
including but not limited to claims based on negligence, breach of contract and
fundamental breach and liability for physical injury, death or property damage
which the Buyer or any of his/her administrators, heirs, successors or assigns
might have or could have, by reason of or arising out of the Buyer’s
participation in the Auction or in connection with the receipt and/or use of
the item. This waiver/product release
form must be signed prior to closing the transaction and receiving any
certificate of purchase. Upon receipt by the Auction Committee of the
waiver/product release form, the Auction Committee will issue a certificate of
purchase. The Auction Committee will not issue merchandise receipts. Toronto Star is not the seller of any items
and is not responsible in any manner for the items or the conduct of the
Seller.
17. If the Buyer fails to comply with all
conditions of sale, including the obligation to make full payment of the total
purchase price within the time limits and terms set out herein, in addition to
all other remedies available to the Toronto Star and the Seller, the Seller may
cancel the sale and re-offer the item or sell it privately and hold the Buyer
liable for any costs or losses associated therewith.
18. It is the
Seller’s and the Buyer’s responsibility to obtain any applicable or necessary
licences, registrations, or any other form of approval for the items sold and
to pay any fees associated therewith.
19. All delivery or pick-up arrangements, if applicable, must be made
with the Seller and must be completed within six months of the Auction Close,
unless otherwise specified. All items will be in stock at time of Auction Close
and held in reserve for Buyers.
20. Should the
Buyer, in his/her discretion, choose to purchase any additional items and/or
services from the Seller, such as an extended warranty or rust-proofing (in the
case of motor vehicles), then the cost of such services shall be in addition to
the total purchase price for the item.
21. All decisions
of the Auction Committee are final and binding.
22. Toronto Star is
committed to protecting your privacy. Personal
information collected from you in the course of the Auction will be used by
Toronto Star or its service providers for the purposes of administering the
Auction or as required or permitted by law.
Such personal information may be disclosed to any Seller whose item(s)
you purchase for the purposes of, completing the sale or may be disclosed as
required or permitted by law. You may
view Toronto Star’s privacy code in full on this Website. Toronto Star is not responsible for the
collection, use or disclosure of personal information by Sellers.
23. Toronto Star is
not responsible for any bids that are lost, misdirected, incomplete or
illegible, or for failed, partial or garbled computer transmissions, or for
technical failures of any kind including, but not limited to, malfunctioning of
any network, hardware or software, which may limit a bidder’s ability to
participate in the Auction. Proof of sending will not be proof of receipt by
Toronto Star. Toronto Star is not responsible for any on-line or other charges
you may incur in connection with participating in the Auction. Toronto Star is
not responsible for the availability or content of any other website to which
the Website is linked.
24. Toronto Star is
responsible only for the administration of the Auction. Toronto Star has no
involvement in any transaction entered into through the Auction except to the
extent that Toronto Star will permit Seller to advertise the item in the
Toronto Star newspaper and will administer the Auction. The Seller’s price and the Opening Bid
Amount and/or the Reserve Price are set by the Seller. You are welcome and encouraged to view
Auction items at the Sellers’ premises during the Auction Period and to ensure
that you are satisfied with price and quality of the items prior to placing a bid
on said items.
25. Since Toronto Star
is not the Seller of the items in the Auction, Toronto Star makes no
representations or warranties and there are no conditions of any kind, express
or implied, statutory or otherwise, with respect to the Website, the items
offered through the Auction (including motor vehicles), or any transactions
conducted through the auction or the Website, including without limitation:
a) implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement;
b) any
implied warranty arising from course of dealing or usage of trade;
c) any
obligation, liability, right, claim or remedy in tort, whether or not arising
from the negligence of Toronto Star; and
d) that the
Website will meet your requirements, always be available, accessible, accurate
or secure.
26. Toronto Star and its affiliates will not be
liable for any damages of any kind including without limitation direct,
indirect, incidental, punitive and consequential damages arising out of or in
connection with participation in the Auction or use of the Website or any
item(s) purchased or obtained through the Auction or the Website.
27. All content on this Website is the property of
Toronto Star. Toronto Star grants a limited licence to each user of the Website
to make personal use only of the Website itself. Any other use, including the
reproduction, modification, distribution, transmission, or display of the
content on the Website is strictly prohibited.
28. Use of any method, mechanism, device, or
software affecting the proper functioning of the Auction or the Website is
strictly prohibited. Toronto Star may, in its sole discretion and without
notice, terminate the right of any participant in the Auction or user of the
Website to participate in the Auction or use the Website.
29. Toronto Star reserves the right, in its sole
discretion and without notice, to extend, terminate or modify the Auction
and/or Official Rules and Conditions of Sale at any time. Toronto Star shall
not be liable to any user, member, Seller or Buyer, in tort or in contract,
should Toronto Star exercise its right to modify or discontinue this Website or
any auction.
30. The Auction is governed by and construed in
accordance with the laws of the Province of Ontario and the laws of Canada
applicable therein. By participating in
the Auction, you consent to the exclusive jurisdiction of the courts of
Ontario, Canada.
31. You agree to comply with all applicable laws,
statutes and regulations regarding participation in the Auction, use of the
Website, and any transactions conducted through the Auction and the Website.
32.
Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF WEBSITE IS
AT YOUR SOLE RISK. THE WEBSITE IS
PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS. TORONTO STAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. TORONTO STAR MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TORONTO STAR MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. TORONTO STAR MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS
WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. USERS ARE RESPONSIBLE FOR MAKING
ARRANGEMENTS FOR PAYMENT AND SHIPPING OF ITEMS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TORONTO STAR OR THROUGH THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
33 Limitation
of Liability: NEITHER TORONTO STAR NOR TRUITION INC., THE COMPANY WHICH
DESIGNED THE WEBSITE BASED ON TRUITION INC.’S PROPRIETARY SOFTWARE AND
TECHNOLOGY, SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE
THE WEBSITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR ALTERATION OF
USER’S TRANSMISSIONS OR DATA, INLCUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF TORONTO STAR OR
TRUITION INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
34. Release and Indemnification:
You hereby waive, release, forgive, discharge and relinquish any and all claims
that you may have against Toronto Star, Truition Inc., their affiliates,
subsidiaries, parents, shareholders, directors, officers, employees, agents and
representatives which are connected with, relate to or are incidental to any
transaction. You agree to indemnify and
hold Toronto Star, Truition Inc., their affiliates, subsidiaries, parents,
shareholders, directors, officers, employees, agents and representatives
harmless from and against any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of your breach of these
terms of use or your violation of any law or the rights of a third party.