These Website Terms of Use (“Terms”) set out the rules that apply to your use of this Website. By using this Website, you agree to follow and be bound by these Terms and our Privacy Policy, each as amended from time to time and which form a legally enforceable agreement between you and the Crown.
CBL Markets (Australia) Pty Limited (trading as Xpansiv) is the Crown’s agent and the Auction Operator (refer Auction Participant Terms and Conditions). CBL Markets (Australia) Pty Limited may enforce these Terms as a beneficiary in accordance with Sub-Part 1 of Part 2 Contracts and Commercial Law Act 2017.
In these Terms, CBL, Xpansiv, the Crown, we, our and us mean CBL Markets (Australia) Pty Ltd and/or the Crown (as the context may require).
We may change these Terms at any time by posting updated Terms on this Website. The updated Terms take effect from the date they are posted on this Website. By continuing to access and/or use this Website after the Last Updated date, you agree to be bound by the updated Terms.
New Zealand products and services
The information on this Website has been prepared under New Zealand law for the supply of products and services in New Zealand only.
You agree that for the purposes of the Fair Trading Act 1986, that you are in trade and that the Fair Trading Act does not apply in relation to these Terms and your use of the Website.
Not investment advice
The information on this Website is of a general nature and does not take into account your particular financial situation or goals. The information is not investment advice.
Website content
We have taken reasonable steps to ensure that the information on this Website is accurate and up-to-date. However, before you rely on any information on this Website you should independently verify its relevance for your purpose. We do not accept any responsibility for any error or omission or for any loss resulting from the use of this information, except to the extent required by law.
We may change the information on this Website at any time.
To the fullest extent permitted by law, we make no warranties or representations (express or implied), and are not liable (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss), arising out of or in connection with the availability or your use of this Website.
Intellectual property
We own all right, title and interest in and to the intellectual property rights in this Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings and videos). Except as expressly set out in these Terms, nothing in these Terms confers on you, any right title or interest in the intellectual property or other rights of CBL, Xpansiv, or the Crown.
We grant you a limited, revocable, nonexclusive, non-transferable license to view, store, bookmark, download and print the pages within this Website solely for your personal, informational and non-commercial use or as expressly authorized by us in writing. We reserve all rights not expressly granted in these Terms.
Acceptable use
Except as otherwise stated in these Terms or as expressly authorized by us in writing, you must not:
- Loan, share, publish, republish, copy, reproduce, transmit, display, sell, license, lease or distribute any portion of the Website thereon to any third-party, or use the Website as a basis for a directory or database prepared for commercial sale or distribution; provided, however, nothing shall prohibit internal business use or reporting to governmental agencies or your end-use customers;
- Remove any copyright, trademark or other proprietary notices contained in this Website;
- Disassemble, decode, decompile or otherwise reverse engineer any and all software (Software) used in providing, accessing (other than commercially available third-party internet browsers) or using the Website;
- Have access to or make any use of the source code for the Website;
- Infringe or misappropriate the Website or take any action inconsistent with our ownership of the rights in the Website and the Software;
- Violate any law or regulations concerning data protection;
- Use this Website for any unlawful purpose or in any way that breaches these Terms;
- Copy, scrape, harvest, data-mine or systematically extract data or content from this Website, or use any automated means (including any robot, spider or crawler) to access or collect data from it, except with our prior written consent;
- Attempt to gain unauthorised access to any part of this Website, any account, or any of our systems or networks, or interfere with or disrupt them;
- Use this Website in any way that could damage, disable or impair it or interfere with any other person’s use of it; or
- Do anything that may compromise the security of this Website or our systems and networks (including introducing any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature).
Links
This Website includes links to websites operated by third parties which are not under our control. We provide these links for your convenience only and are not responsible for the information on any linked website.
Users who have registered as a Bidder
If you have registered as a Bidder, you are responsible for keeping your login details secure and confidential and for all activity that occurs under your account. If you become aware of any unauthorised use of your account, you must notify us promptly at NZETSAuctions@xpansiv.com. If we reasonably consider that a registered Bidder has breached these Terms, we may immediately suspend or terminate the relevant account(s) without notice to Bidder.
Indemnity and agreement not to make claims
You agree to makes no claims against and to indemnify, and keep indemnified, each of CBL and the Crown, and each of their respective related bodies corporate, personnel, officers, employees, agents and subcontractors (each an Indemnified Party), against all losses, liabilities, damages, costs and expenses (including legal costs) suffered or incurred by any Indemnified Party arising out of or in connection with:
(a) your access to or use of this Website and / or participation in any Auction;
(b) any breach by you of these Terms, the Privacy Policy or any applicable law;
(c) any content, data, material or information you submit, upload, transmit or make available through this Website;
(d) any claim by a third party that your use of this Website, or any content you have submitted, infringes or misappropriates the intellectual property rights or other rights of that third party; and
(e) any fraudulent, negligent, unlawful or wilful act or omission by you or any person accessing this Website using your account or login details.
Governing law
This Website is governed by, and is to be interpreted in accordance with, New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with this Website or these Terms.