Terms

Gary Hanna Auctions provides industry leading equipment and tool disposition services and market insights through its software, services and tools that enable you to learn about, and bid on and sell, items at our online auctions and other sales events. This page explains the terms and conditions by which you may visit our website and web services and tools (collectively, the "Services"). By accessing, participating in or using the Services, or by clicking a button or checking a box marked "Activate Your Account" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this "Agreement"), and that you acknowledge the collection and use of your information as set forth in our Privacy Statement available at www.auctions.ca, whether or not you registered for a free account. We reserve all rights to modify this Agreement. This Agreement applies to all visitors, guests, users and others who access or participate in the Services, including all guests, sellers and bidders participating in our auctions and other sales events ("Users").

 

1. Services

1.1 Eligibility

This is a contract between you and Gary Hanna Auctions Ltd. (now referred to as GHA) You must read and agree to this Agreement before using the Services. If you do not agree to this Agreement, you may not use the Services. You may use the Services only if you can form a binding contract with GHA. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Services are not available to any Users we have previously removed or suspended from the Services.

1.2 Changes to the Services

We may, without prior notice, change the Services, stop providing the Services or features of the Services, to you or to Users generally, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of access for any reason or no reason, you continue to be bound by this Agreement.

2. Fees and Payment

2.1 Fees/Requesting Bidding Privileges

There are no fees or costs associated with signing up for or maintaining a User Account. However, when requesting bidding privileges for your User Account, you will be required to provide us with a current, valid credit card in your name as part of our assessment of your assigned bidding limit. All information that you provide in connection with this process must be accurate, complete and current. Depending on our assessment, you may be required to post a pre-authorization deposit prior to placing bids online in any auction. If no purchases are made, the deposit will be released within two (2) business days.

2.2 Payment

Once an item has been won buy a registered bidder on any GHA Service, the bidder must pay their invoice within two (2) business days from the date of the auction closing. If payment has not been made within the two (2) days, the credit card on file will be charged the full invoice amount.

Payment Types

-Bank Draft, Certified Cheque, Wire Transfer, E-Transfer, Cash.

-Credit Cards (3% credit card fee will be added)

-Payment in full is due two (2) business days following receiving the invoice.

3. Privacy

We care about the privacy of our Users. You understand that by using the Services we will collect, use and disclose your personal information and aggregate and/or anonymized data as set forth in our Privacy Statement available at www.auctions.ca.

4. Indemnity

The Bidder, whether acting as principal, agent, officer, or director of a company or otherwise, in any capacity whatsoever, and the company they represent, both jointly and severally agree:

• To indemnify save harmless Gary Hanna Auctions and its consignors (“Consignors”) from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the attendance or participation of Bidder, their agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale;
• To be responsible for the payment of the purchase price and taxes plus applicable fees due on all Bidder’s Purchases;
• Not to be bidding on lots or purchasing any lot on behalf of any Consignor of items in the auction sale.

5. No Warranty

The Services are provided on an "as is" and "as available" basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services ARE provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from GHA or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, we, our subsidiaries, our affiliates, and our licensors do not warrant that ANY content OR INFORMATION ACCESSED THROUGH THE SERVICES is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services ARE free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we or our affiliates, agents, SUPPLIERS OR LICENSORS (OR OUR OR THEIR employees, contractors, agents, officers or directors), be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) User Data or the defamatory, offensive or illegal conduct of any third party.

To the maximum extent permitted by applicable law, In no event will we or our affiliates, agents, SUPPLIERS OR LICENSORS (OR OUR OR THEIR employees, contractors, agents, officers or directors) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of the amounts you paid to GHA or its services OR CAD 50.00.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage.

7. General

7.1 Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

7.2 Notification Procedures

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in this Agreement or our Privacy Statement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

7.3 Changes to the Agreement

We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Services. You hereby acknowledge and agree that, to the maximum extent permitted by applicable law, unless otherwise stated, any and each modified or NEW Terms of Service will FULLY GOVERN your use of the Services, and is effective, beginning as of your first access to and use of the Services, even if prior to your acceptance of such Modified terms of service.

7.4 Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Services, will constitute the entire agreement between you and us concerning the Services. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.

7.5 No Waiver

No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.