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GETONTHEBLOCK.COM GENERAL TERMS AND CONDITIONS OF USE
These Website Standard Terms and Conditions written on this webpage shall manage your use of the www.getontheblock.com website (“Website”). These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Anyone may view, browse and use the Website for information, but bidding is limited to people 18 years old or older.
2. Intellectual Property Rights
Other than the content you own, under these Terms, On The Block and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following, unless given specific consent by On The Block, publishing any Website material in any other media;
Certain areas of this Website may be restricted from access to certain account types and On The Block may further restrict access to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant On The Block a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. On The Block reserves the right to remove any of Your Content from this Website at any time without notice.
5. No Warranties
This Website is provided “as is,” with all faults, and On The Block express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advice.
6. Limitation of Liability
In no event shall On The Block, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. On The Block, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent On The Block from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
On The Block is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The On The Block is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms constitute the entire agreement between On The Block and you in relation to your use of this Website, and supersede all prior agreements and understandings.
12. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Province of Ontario , and you submit to the non-exclusive jurisdiction of the province and federal courts located in Canada for the resolution of any disputes.
1. On The Block Auctions (“The Auctioneer”) presents the Property for sale by auction.
The Auctioneer, as authorized by On The Block Realty (“The Agent”) acting for the Seller, presents the Property for sale by auction on behalf of the Seller. An offer to purchase the Property may be made by any registered person (“Bidder”) by making a bid at auction, subject to these Terms.
2. Bidders are bound by these Terms.
By bidding at auction, a Bidder agrees to be bound by these Terms.
3. Seller’s reserve price
3.1 The Seller’s reserve price (“Reserve Price”) will be as recorded in the Auction Listing Agreement and cannot be changed.
3.2 If the Reserve Price is not reached during an auction, the Auctioneer and/or the Agent reserve the right to negotiate immediately with the highest Bidder to sell the property and if no agreement is reached, the Auctioneer and/or Agent reserve the right to negotiate with other Bidders and then with any other interested parties.
4. Withdrawal of Property.
The Seller may withdraw the Property from sale at any time before the Property is sold at auction, however this right is foregone if the bidding has already reached or surpassed the Reserve Price.
5. Cooling-off Rights.
Cooling-off rights do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid at the auction (whether in person or through the online platform).
6. Registration of Bidders
6.1 To make a bid in an On The Block auction, a person must be registered as a bidder.
6.2 To be registered, the person must complete the registration process as detailed and required at getontheblock.com.
6.3 The Auctioneer and/or Seller and/or Agent reserve the right to disallow any agent or representative from bidding on behalf of the prospective purchaser (“Proxy Bidder”). Sufficient time to place advance bids is granted to allow those unavailable during the auction times to place their bid. When a prospective purchaser is unable to place the bid prior to completion of the auction, a signed authorization of a Proxy Bidder may be considered provided sufficient time for review and approval is provided.
6.4 A person making a bid must do so by following instructions on the online auction platform and successfully clicking and confirming their bid prior to completion of the auction period.
7. Bidding at Auction
7.1 If a Proxy Bidder is the successful bidder at auction and the Purchaser is not available to sign the Contract of Sale immediately following the auction, then the Proxy Bidder will be required to sign the Contract of Sale, which will also be a proviso of any authorization to bid previously provided.
7.2 With each bid at auction, a Bidder makes an unconditional bid to purchase the Property which may ultimately become the final and binding purchase price of the Property. This is inclusive of any bid that may be below the Reserve Price.
7.3 The Auctioneer may not make bids on behalf of the Seller under any circumstance. The Seller may also not bid on their own auctioned property.
7.4 The bidding increments during the course of the auction will be provided and publicly visible prior to the start of the auction.
7.5 The Auctioneer may refuse a bid if of the opinion that it is not in the best interests of the Seller and will not be obliged to give any reason for doing so.
7.6 A bid accepted by the Auctioneer is binding on the Bidder and may not be withdrawn.
7.7 If there is a dispute concerning bids made at auction (“Dispute”) where the Dispute arises before or after the auction is completed (“Completion”), then the Auctioneer will decide the Dispute in a way that he or she deems appropriate. The decision of the Auctioneer is final and gives rise to no claim by any person against another.
7.8 Selection of the Purchaser and determination of the purchase price A person accepted by the Auctioneer as having made the highest bid at or above the Reserve Price will be the Purchaser (“Purchaser”) and that bid will be the purchase price (“Purchase Price”). The Auctioneer will not accept a bid made after Completion.
7.9 The Purchaser, upon being acknowledged by the Auctioneer as the Purchaser must:
7.9.1 immediately complete all necessary details required by the Auctioneer to enter into a contract for the sale and purchase of the Property in the form of contract that is displayed by the Auctioneer on the auction site (“Contract”); and
7.9.2 pay to the Seller’s Agent a deposit equal to the amount disclosed on the auction site and in the specific Auction Terms. This deposit is due with one (1) business day, and payable to On The Block Realty Inc., Brokerage In Trust. The deposit must be made by bank draft or certified cheque. Personal Cheques will not be accepted.
7.9.3 complete the purchase of the Property in accordance with the terms and conditions contained in the Contract for the Purchase Price.
8. Changes to Terms
Where the Seller has agreed in writing to vary these Terms or other conditions, before the Auction, then those variations will apply to that auction only. Any variation will be clearly displayed on the auction site and in the specific Auction Terms. The terms can only be changed prior to the start of an auction.
Every bidder must provide a pre-authorization on a valid credit card for a hold in the amount of 0.5% of the starting bid , up to a maximum of $10,000. This is not charged to the card, but held as a preauthorization to ensure that bids made are binding, serious, and without risk of delinquency. In order to register to bid for a specific auction, this preauthorization must be completed.
10. Property may be Re-auctioned
10.1 If the Purchaser fails: (a) to pay the deposit; or (b) to execute the Contract (or both) immediately after completion and in accordance with 7.9, then the Purchaser is deemed by the Auctioneer to have breached his or her obligation to complete the purchase of the Property.
10.2 Where clause 10.1 applies, the Auctioneer/Agent is authorized by the Seller to terminate the Contract and: (a) re-auction the Property; or (b) to sell the Property by private treaty. Any pre-authorized holds from the Purchaser will be forfeited due to the breach.
Notwithstanding clause 10.2, the Seller may sue the Purchaser for damages for any failure to comply with these Terms and/or the Contract. Any such action will fall out of the purview of The Agent and Auctioneer’s service, and On The Block will not be responsible, or held liable for, any such proceedings.
The Auctioneer may hold over the Property and re-offer it for auction at another time on the same day on terms and conditions as the Seller may nominate.
13. Age to Bid
All bidders, and by association, all Purchasers, must be at least 18 years of age.