Terms and Conditions

The following Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the Simply One.com.au web site, which is identified by the uniform resource locator Simply One.com.au.com (the "Simply One.com.au site"). This Agreement is entered into between you as the user of the Site (the "User") and Simply One.com.au Inc. ("Simply One.com.au").
Any person who wishes to use Simply One.com.au's Service must agree to the terms and conditions of this Website Terms of Use and End User License Agreement, which includes the Simply Simply One.com.au Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement.
The Agreement is a binding agreement between you and Simply One.com.au.   
Simply One.com.au is not an Auctioneer. Although we are commonly referred to as an online reverse auction web site, we want to emphasise that we are not a traditional "auctioneer." This area is a venue that allows buyers to invite Motor Car Dealerss to a bidding reverse auction or make a request for quote (RFQ). Simply One.com.au site can use anyone to post the bid out, request to buy a Motor Car. Simply One.com.au.com is designed to assist buyers find the match "The Best Product For The Best Price" in a reverse auction-style format commonly referred to as "reverse online auctions".
We are not involved in the actual transaction between buyers and Motor Car Dealerss. As a result, we have no control over the quality, safety or legality of the Motor Cars, the dealers to supply, the truth or accuracy of the listings, the ability of Motor Car Dealerss to sell Motor Cars or the ability of buyers to pay for Motor Cars. We cannot ensure that a buyer or Motor Car Dealers will actually complete a transaction. Consequently, we do not transfer legal ownership of Motor Cars from the Motor Car Dealers to the buyer, and nothing in this agreement shall modify the provisions under which legal ownership of a Motor Car is transferred upon physical delivery of the Motor Car  to the buyer by the Motor Car Dealers.
Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Simply One.com.au site to conduct transactions, such risks shall include, but not limited to, mis-representation of products, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member agrees that Simply One.com.au shall not be liable or responsible for any damages that may arise as a result of or in connection with any Transaction Risks.
Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.


Eligibility
Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Simply One.com.au members. Your Simply One.com.au account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Identity Verification
We use many techniques to verify the accuracy of the information our users provide us when they register on the Simply One.com.au site. However, because user verification on the Internet is difficult, Simply One.com.au cannot and does not confirm each user's purported identity. Thus, we have established a feedback system to help you evaluate with whom you are dealing. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Information Control
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Simply One.com.au site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Simply One.com.au site, you agree to accept such risks and Simply One.com.au is not responsible for the acts or omissions of users on the Simply One.com.au site.

Participating in bids

Buyers
When, as a Buyer, you post an reverse auction or RFQ, you have extended an offer to Motor Car Dealers to meet the requirements specified in the RFQ, including but not limited to price, payment terms, shipping terms, and payment methods. Once you post a reverse auction or RFQ to the Site:

  • Buyers may not contact any Suppliers about an reverse auction RFQ you have posted prior to your selection of a Supplier to fulfill that reverse auction or RFQ;
  • Buyers may not use an alias to place false bids for your reverse auction or RFQ, or any other reverse auction or RFQ;
  • Buyers may not otherwise manipulate the pricing or bidding under your reverse auction  or RFQ, or any other reverse auction or RFQ,
  • Buyers may not manipulate prior spending figures in any way to reflect an incorrect spend total.

Within 24 hrs, of the end of a bidding event for a reverse auction or RFQ you have posted, you will notify Simply One.com.au to weather you are or not purchasing the Motor Car. If we determine in our discretion you have failed to comply with the terms of this User Agreement, we shall have the right, in addition to all other available remedies, to (i) investigate such failure and in the course of our investigation you agree to provide all information requested by us, and/or suspend or terminate your member status. Time is of the essence for the Motor Car dealers who will participate in bidding events. Once we have received notification from you of your decision, we will then give you the Motor Car dealer’s contact information and notify the winning Motor Car dealer.
All bids are final once submitted. All sales and delivery disputes are to be settled directly between the Buyer and the Motor Car dealer.
Motor Car dealers
You may bid on reverse auction or RFQ's posted on the Site. When you do, you have extended an irrevocable offer to the Buyer to provide the Motor Car as requested on the terms and conditions of the reverse auction or RFQ. In using the Site to bid on reverse auction or RFQ's:

  • Motor Car dealers may not use an alias to place false bids;
  • Motor Car dealers may not otherwise manipulate the pricing or bidding for an reverse auction or RFQ
  • Motor Car dealers may not alter bids after the event in any manner.

Once you have submitted a bid during a bidding event, you may not retract your bid, unless the posted reverse auction or RFQ contained a material inaccuracy or misrepresentation or the identity of the buyer cannot be authenticated.
All bids are final once submitted. In the event of a mistake, you must contact Simply One.com.au immediately, however, there is no guarantee that a purported retraction of an incorrect bid will prevent acceptance by the Buyer of the incorrect bid. Simply One.com.au is not responsible for bids not being processed or not being accepted due to technical difficulties. All sales and delivery disputes are to be settled directly between the Buyer and the Motor Car dealer.

Buyer's Representations and Warranties

As a Buyer, you represent and warrant that: (1) all information provided in an reverse auction or RFQ shall be accurate and complete and shall accurately represent your ability to accept the motor car as requested; 2) reverse auction or RFQ or other information you provide on the Site shall be fraudulent or counterfeit; 3) you shall have the right and the authority to: (a) post reverse auction or RFQ submitted including all information and drawings contained in, or attached to, the reverse auction or RFQ and (b) accept a bid matching your stated criteria in an RFQ; (4) you are 18 years of age or older; (5) the distribution of the reverse auction or RFQ to registered Motor Car Dealers and payment of any fee to Simply One.com.au in connection with any reverse auction or RFQ you post shall not violate any applicable law, statute, ordinance or regulation.
Binding Bids.
For Motor Cars listed in any category, if you receive at least two bids at or above your stated maximum price you are obligated as the buyer to complete the transaction with the lowest bidder upon the auction's completion, unless: (a) you choose a higher bidder, or (b) the Motor Car Dealers fails to meet the terms of your listing (such as quality or product match), or (c) you cannot authenticate the Motor Car Dealers's identity.

Motor Car Dealer Representations and Warranties

As a Motor Car Dealer you represent and warrant that: (1) all information you provide shall be accurate and complete and shall accurately represent your capabilities as a Motor Car Dealer; (2) no Motor Car you provide as part of a bid on the Site shall be fraudulent or counterfeit; (3) you shall have the right, through actual ownership or otherwise, to provide any Motor Car as part of a bid submitted through the Site; (4) you are 18 years of age or older.

Your Licence to Use the Site

We grant you a limited, non-exclusive license to only:

  • View and download single copies of pages contained on the Site;
  • Post reverse auction or RFQ's on the Site;
  • Use the reverse auction or Site's reverse auction or reverse auction or RFQ creation tools solely to create an reverse auction or RFQ for posting on the Site;
  • Participate in bidding activities solely through the services and means provided by the Site. Your exercise of this limited license is subject to and conditioned on the terms and conditions of this User Agreement. This license terminates if you breach any term of this User Agreement. You may not transfer or assign this license to any other party.

We are the owner or licensee of all rights in the Site, its content, software, and services. We are not granting you any right or license to the Site, its content, software, or services besides any right explicitly stated in this User Agreement. Ownership of all rights in those materials shall remain with us or our licensors.

Listing Description

You must be legally able to purchase the no Motor Car (s) you request for purchase on the Simply One.com.au site. You must describe the Motor Car you seek and all terms of purchase on the listing page of the Simply One.com.au site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the purchase of that Motor Car. All listed Motor Cars must be listed in an appropriate category.

Fraud

Without limiting any other remedies, Simply One.com.au may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Simply One.com.au site. Making bids in a false name or with an invalid credit card, even if initially accepted by us, is illegal. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us which can be used by law enforcement officials to identify you. Fraudulent bidders may be prosecuted to the fullest extent of the law.
Internet fraud cases may be investigated by both the FBI and the AUS. Secret Service.

Manipulation

Neither you, bidders, nor Motor Car Dealers, may manipulate the price of any Motor Car nor may you interfere with other user's listings or transactions.

Definition

"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities

Your Information (or any Motor Cars listed) and your activities on the Simply One.com.au site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of stolen Motor Cars; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, ant discrimination or false advertising). Furthermore, you may not list any Motor Car on the Simply One.com.au site (or consummate any transaction that was initiated using our service) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Motor Cars.
Simply One.com.au.com reserves the right to make its own evaluation of a Motor Car's quality as well as its own judgment regarding the accuracy of the Motor Car Dealer’s offer of the Motor Car in the event that a buyer makes a complaint about a Motor Car.

No Agency

You and Simply One.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Resolution of Disputes

In the event a dispute arises between you and Simply One.com.au, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Simply One.com.au agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Service and Fees

Joining, posting the bid-out, publishing Motor Cars posting fee is $100 this fee is fully refundable by Simply One.com.au when you purchase the car from the winning dealer.
Bidding on Motor Cars at Simply One.com.au.com is free.

Limitation of Liability

THE FEATURES AND SERVICES ON THE SIMPLY ONE.COM.AU SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND SIMPLY ONE.COM.AU HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
SIMPLY ONE.COM.AU MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.


Any material downloaded or otherwise obtained through the Site is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Simply One.com.au or through or from the Site shall create any warranty not expressly stated herein.
Under no circumstances shall Simply One.com.au be held liable for a delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.


Each Member hereby agrees to indemnify and save Simply One.com.au, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member's use of the Site (including but not limited to the display of such Member's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each Member further agrees that Simply One.com.au is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Member. Simply One.com.au reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Simply One.com.au in asserting any available defenses.


Simply One.com.au shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

 

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