1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
Use of this Web site constitutes acceptance of the Du Net Auction Terms &
Conditions. You accept and agree to be bound by the Terms & Conditions, operating
rules and/or policies of Du Net Auction, published by Du Net Auction as
described below (all such Terms & Conditions, operating rules and/or policies
as they may be amended from time to time shall hereinafter be referred to as these
"Terms & Conditions"). Members may be referred to as "Member,"
"User," "Buyer" when a Member is being described as acting
as a buyer in a Du Net Auction transaction, "Bidder" when a Member
is being described as bidding on an asset in order to act as a potential buyer
in a Du Net Auction transaction, and "Seller" when a Member is acting
as a seller in a Du Net Auction transaction. These Terms & Conditions comprise
the entire agreement between Member and Du Net Auction and supersede all prior
agreements between the parties, regarding the subject matter contained herein.
1.2 DESCRIPTION OF Du NET AUCTION SERVICES
Du Net Auction acts as a venue for Sellers to list properties and Buyers
to bid on properties. Du Net Auction is not involved in the actual transactions
between Buyers and Sellers and assumes no responsibility for actions made based
on information or services on Du Net Auction. In the event that any parties
using our Site, including Sellers, Buyers and Bidders, have a dispute, the Company
(including our officers, directors, agents, affiliates, and employees) is not
liable for any claims, demands and damages arising out of or in any way connected
with such disputes. The information published on the Site may include inaccuracies
or errors. While the Company strives to keep the information on the Site accurate,
complete and up-to-date, the Company can not guarantee, and will not be responsible
for any damage or loss related to the accuracy, completeness or timeliness of
the information. Such information is provided without warranty of any kind.
In no event shall the Company (and our officers, directors, agents, affiliates,
and employees) be liable for any claims, demands and damages arising out of
or in any way connected with the use of the Site, the delay or inability to
use the Site, or any information or services obtained from the Site.
1.3 WHO CAN BID?
Bidders must register with Du Net Auction as a Member and be capable of forming
legally binding relations under applicable law. The services provided by Du
Net Auction are not available to individuals under the age of 18 years old and
any other individuals who are legally prohibited from, or otherwise incapable
of, entering into binding contracts.
1.4 WHO CAN SELL?
Sellers must be the rightful owners or authorized by the owners of such property,
a court of law, or through power of attorney to sell an Asset. Sellers must
produce evidence of ownership and/or authorization to sell an Asset upon request
of Du Net Auction or a Buyer.
1.5 PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on the Site and are
deemed "sold" at the close of bidding which will be set at a time
pre-determined by the Seller. Each Asset will have a description and disclosure
information on the Site, as well as any additional conditions of sale provided
by the Seller. Once bidding commences, Bidders may make a bid at any time prior
to closing of the bidding. All Assets will have a minimum bid price disclosed
on the Site. For certain Assets, the Seller may impose a reserve price which
is not disclosed on the Site. Seller is not obligated to sell the Asset. After
bidding closes on each Asset, Du Net Auction will send the highest Bidder
and Seller an email detailing the highest bid and contact information. In all
auctions Buyers who receive a winning bid notice are legally bound to buy the
asset at the quoted bid amount (see "Contractual Obligations of Buyers
and Sellers" below). The Seller is obligated to contact the winning Bidder
within three (3) business days to complete the transaction (or the Seller may
engage a representative, including Du Net Auction, to contact the winning
Bidder on the Seller's behalf, pursuant to prior agreement). After three (3)
business days if the Seller is unable to contact the winning Bidder, for whatever
reason, the Seller may, in its sole discretion (a) continue to attempt to contact
the high bidder with assistance from Du Net Auction; (b) after contacting
Du Net Auction, contact the second highest Bidder and sell the Asset to the
second highest Bidder; or (c) re-list the asset on the Site. By selling an Asset
to the next highest Bidder, neither the Seller nor Du Net Auction is releasing
any claims he/she/it may have against the highest Bidder for non-performance.
Once the Seller contacts the winning Bidder, the Seller and winning Bidder shall
complete the settlement of the purchase and sale of the Asset pursuant to "Settlement
of Transactions" below.
1.6 SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed bidding
process shall be conducted pursuant to this Section, unless otherwise provided
in the Seller's conditions of sale or in a written agreement executed by the
Buyer and Seller. Unless otherwise provided in the Seller's conditions of sale
or otherwise agreed upon by the Seller and Buyer in writing, final settlement
shall take place no later than seven (7) business days after Buyer is given
a Winning Bid notice.
1.7 USER NAME AND PASSWORD
Once a party becomes a Member of the Site, the Member will select a user name
and a password. Members are entirely responsible for maintaining the confidentiality
of their user names and passwords. Furthermore, Members are entirely responsible
for any and all activities, which occur under a Member's ID and password. Member
agrees to immediately notify Du Net Auction of any unauthorized use of Member's
ID or any other breach of security known to Member.
1.8 CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
Terms & Conditions As Contract. These Terms & Conditions, together with
any additional conditions of sale provided by a Seller for a particular Asset
disclosed on the Site, comprise a contract between a Seller and the winning
Bidder in any completed auction. By bidding on an Asset a Bidder agrees, and
by listing an Asset on the Site, a Seller agrees, to be bound by these Terms
& Conditions and the Seller's conditions of sale included in the Asset's
description, so long as those conditions of sale are not in violation of these
Terms & Conditions or unlawful. In the event of any direct conflict between
these Terms & Conditions and any conditions of sale provided by a Seller,
then these Terms & Conditions shall prevail, except that in the event of
a direct conflict regarding the timing and requirements of settlement provided
in the Section entitled "Settlement of Transactions" above, then the
Seller's conditions of sale shall prevail with respect to such provisions.
1.9 BINDING CONTRACT BETWEEN BUYER AND SELLER
A bid made by a Buyer is an offer to purchase the asset from the Seller at the
stated bid price. The bid is an irrevocable offer, subject only to material
changes in the description of an asset made after such bid is placed by a Buyer.
Buyers are required to conduct any research or due diligence of an asset prior
to making a bid (See "Other Responsibilities of Bidders/Buyers" below).
All Assets are listed and sold on an "as is" basis. If a Buyer bids
on an asset and that bid represents the highest bid for that asset, and the
highest bid is at or above the Seller's minimum and/or reserve price (whichever
is higher), the Buyer's bid is deemed accepted by the Seller (subject to these
Terms & Conditions, including the right of a Buyer to change or retract
a bid in the event of a material change in the description of the Asset, as
set forth below), except for an exceptional circumstance, such as a typographical
error. Once a Buyer's bid is accepted by the Seller, the Buyer is obligated
to purchase the asset at the price he/she/it offered and pursuant to these Terms
& Conditions and the Seller's conditions of sale. If a Seller receives at
least one bid at or above the Seller's stated minimum price (or in the case
where the Seller has set a reserve price, at or above the reserve price), the
Seller is obligated to complete the transaction with the highest Bidder upon
the completion of the bidding, unless there is an exceptional circumstance,
such as a clear typographical error or other conditions stated in these Terms
& Conditions.
1.10 CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of the Site by Members shall be conducted
in compliance with applicable law. Purchases made on the Site are entirely without
recourse to Du Net Auction. All Members acknowledge and agree that closing
of all sales of Assets may be subject to final approval of a court (including
a bankruptcy court) or other agency and that if such approval is not obtained,
the Seller may withdraw such Asset after a completed bidding process without
any recourse or liability on the part of Seller.
1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and
Buyers and Sellers shall be entitled to enforce the provisions hereof and may
pursue legal action against each other for non-performance of any provision
hereof, including without limitation, non-performance of a purchase and sale
after a completed bidding process. In addition, Du Net Auction retains the
right to terminate a Member's rights to use the Site in the event a Member violates
these Terms & Conditions. All Assets are listed and sold on the Site on
an "as is" basis. Bidders are required to conduct any research or
due diligence of an asset that they wish to conduct prior to making a bid. After
the online bidding is complete, unless otherwise indicated/engaged, Buyers are
responsible for taking all necessary actions to complete the sale once a Winning
Bid notice is given to Buyer. Du Net Auction retains the rights to terminate
a Buyer's rights to use the Site in the event a Buyer fails to perform its obligations
to settle on a completed auction.
1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe Assets in a listing
provided for inclusion on the Site and shall be liable for any misstatements
or omissions in such description. Failure to accurately describe an Asset could
be fraudulent and could subject a Seller to civil and/or criminal liability,
as well as being in violation of these Terms & Conditions. Du Net Auction
retains the right to terminate a Seller's rights to use the Site in the event
a Seller includes material misstatements or omissions in an Asset's description.
Prior to listing an Asset, Sellers shall provide to Du Net Auction any terms
or conditions of sale for particular Assets in addition to these Terms &
Conditions. Sellers are responsible for complying with all applicable local
or foreign laws, rules, regulations and legal approvals regarding the sale of
any Assets. Sellers are also solely responsible for ensuring that all items
offered for sale are offered in full compliance with any applicable legal limitations
or restrictions.
1.13 PAYMENT OF COMMISSION TO & FROM Du NET AUCTION
Each Seller in a transaction for which a Winning Bid notice is issued shall
pay Du Net Auction the agreed upon commission based on the final sales price
for the asset in question. Such amount shall be paid to Du Net Auction within
three (3) days of invoicing by Du Net Auction. The Secured Deposits will be refunded in full
if the bidding is not Won by the Individual or Companies.
1.14 SUPERVISION OF CONTENT
Du Net Auction reserves the right to supervise all material, content and
information on its Site, including, but not limited to, asset listings and bidding
activity, to determine compliance with the Terms & Conditions and all current
and future operating procedures and rules of conduct established by Du Net
Auction. Du Net Auction reserves the right, at its sole discretion, to amend,
edit, remove or otherwise block any material posted by a Member, which may violate
any state, federal or local law or violate any aspect of these Terms & Conditions
or which may otherwise jeopardize the business operations or goals of Du
Net Auction.
1.15 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions through
the Site. Member's use of the Site is subject to all applicable local, national
and international laws and regulations. Member agrees: (a) to comply with United
Arab Emirates law regarding the transmission of technical data exported from
the UAE through the Site; (b) not to use the Site for illegal purposes; (c)
not to interfere or disrupt networks connected to the Site; and (d) to comply
with all regulations, policies and procedures of networks connected to the Site.
Member agrees not to transmit through the Site any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, national or international
law or regulation. Attempts to gain unauthorized access to other computer systems
are prohibited. Member further agrees not to use the Site in a manner that violates
any local or national laws or, including but not limited to the sale of any
regulated substances.
1.16 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to resell
or make any commercial use of the services provided on the Site, without the
express written consent of Du Net Auction. Member acknowledges that content
appearing on the Site may be protected by copyrights, trademarks or other proprietary
or personal rights and that applicable laws will govern the Member's use of
such content. Member agrees that without the prior written consent of Du
Net Auction, Member shall not resell the Site, or the services provided on the
Site, or use the Site for the transmission of commercial solicitations (other
than an offer by Seller of Assets for sale) or for the receipt of responses
to commercial solicitations (other than a Buyer's interest in purchasing Assets
offered for sale through the Site) without the express written consent of Du
Net Auction. Member agrees not to, for a commercial purpose, upload, transmit,
reproduce, distribute or participate in the transfer or sale, or in any way
exploit, any content obtained through the Site. Member agrees not to use the
Site for the transmission of (or receipt of responses to) chain letters, lotteries,
gambling or pyramid schemes of any kind. Member agrees not to use the Site to
disseminate any message in a broad-based mailing without the prior written permission
of Du Net Auction. Member agrees not to forge communications or take any
other action that would disguise the origin of communications Member transmits
through the Site. Member agrees not to permit another person to transmit communications
that falsely identifies the Member's account as the origin of such communication.
Nothing herein shall limit or prevent any Buyer from re-selling any Asset purchased
through the Site.
1.17 LIMITATION OF LIABILITY
NEITHER Du NET AUCTION, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF Du NET AUCTION OR INABILITY TO USE Du NET AUCTION
(INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME,
DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EVEN IF ANY
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE
PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF Du NET AUCTION, THEIR
INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES,
REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE
SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH
AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.