Please read the following carefully. By registering with iCollector.com and clicking on the "Submit" button you agree to be bound by the terms of this User Agreement. Do not submit a registration form if you do not want to accept the terms of this User Agreement.
Registration is open only to persons who are over 18 years of age and over, and who can form legally binding contracts under applicable law. If you are under the age of 18 you can only use this service in conjunction with your parents and guardians.
It is your obligation to provide iCollector with accurate, complete registration information and to promptly notify iCollector of any changes to that information. Your registration information is personal to you and you must keep your password confidential. If you believe that there has been any breach of security such as the disclosure, theft or unauthorized use of your password or any payment information, you must notify iCollector immediately at support@icollector.com.
Upon registering with iCollector.com, you will be given a User Account and asked to choose a Username and password with which to further access the site and place bids.
iCollector.com Technologies Ltd. ("IC") provides the following online services: absentee and real-time bidding for Live Auctions, as well as absentee bidding for Auction Catalogs, on its web site located at www.icollector.com (the "Site") where you may bid on items/lots ("Items") offered for sale by auction houses ("Sellers").
Items are sold subject to the terms and conditions of the Seller, which are accessible via a link at the end of each Item's lot page. It is your responsibility to read the Seller's terms and conditions carefully before making a bid.
Absentee bidding is a service whereby you can submit a bid to an auction house sale in advance of a live auction. Absentee bids are designed for those who wish to bid at an auction but who are unable to attend in person, or bid during the auction.
IC acts as a facilitator for the auction house by forwarding your bid along with your contact details when you submit an absentee bid on an item listed in an auction catalog on iCollector. Your bid will then be processed according to the individual auction house's commission bidding procedure as laid out in their terms and conditions. Please remember that bids you submit through iCollector may be outbid through the traditional channels of the auction house's bid acceptance process which includes: absentee bids submitted by phone, fax, and post or bids placed during the live auction.
After you place a bid through our system, IC will send you an email notifying you of your submission along with the details of the item on which you placed a bid. Your submission is then forwarded to the auction house where they process your bid.
IC is not a party to the transaction between you and the Seller for the sale of Items and, because of this, you accept that you will have no claim or cause of action against IC in respect of the sale (or non-sale) of any Item. If you have a dispute with a Seller or another user of the Site with regard to the sale (or non-sale) of any Item you agree that IC, its officers, agents, employees and other members of its group of companies (as defined by section 262 of the Companies Act 1985) will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential loss), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and a Seller, although if you do have a complaint then please e-mail support@icollector.com and IC will endeavor, if it deems it appropriate, to investigate the matter and assist in the resolution of the dispute.
IC is not responsible for any typographical, pictorial or technical errors in information about Items on the Site as provided by Sellers. IC does not evaluate Items and does not act as a specialist or expert on any related subject matter. IC makes no warranties or representation of any kind or nature with respect to Items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Seller directly. In particular, make sure that you understand the Seller's payment terms and shipping terms.
Your Username and password are required in order to place absentee bids in Auction Catalogs Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider, which allows the individual user to be traced and IC may at its discretion release this information to enable legal action to be taken. IC may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition.
By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to your maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. At our discretion, we may allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending a notice to support@icollector.com. However, there is no guarantee that any bid will be withdrawn. Although IC will use best efforts to forward all bids, IC does not accept any responsibility for lost bids or problems with the recipient auction house's ability to process your bid. Moreover, IC cannot guarantee that bids received will be processed by the individual auction houses.
Please note that IC's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
IC reserves the right to cancel our online bidding services because of technical difficulties experienced by IC on the Internet. IC will not have any liability or obligation to you as a result of any postponement, cancellation, or withdrawal by IC or termination by IC under this Section.
Many of the Items in listed in an auction catalog are subject to a reserve. A reserve is a confidential minimum price under which the Item will not be sold. In most cases, the reserve will be set below the estimated price range for the Item, but in no case will it exceed the estimates listed. Items that do not reach their reserve minimum will not be sold. Therefore, IC recommends that you bid the maximum amount that you are willing to pay for the item when submitting your absentee bid.
The winning bid in an auction will be the highest bid that exceeds any reserve. In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auction house shall have the right to accept the next highest bid.
After the sale has ended, the auction house will notify the person making the winning bid via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auction house directly.
You will make all payment for Items to the auction house in accordance with its terms and conditions. A successful bidder must make shipping and handling arrangements of items directly with the auction house or via their own designated shippers.
If you are a successful bidder, you are responsible for paying any buyer's commission, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
MyAgent is a free lot finding service provided by IC to which registered users of iCollector can subscribe.
Your Username and password is required in order to subscribe to My Agent. Users can select up to five keywords. MyAgent will work on their behalf to find lots for sale on iCollector and e-mail the user when a new lot appears on the site. Users can return to iCollector at any time to modify keywords or unsubscribe to the MyAgent service.
The material on the Site is protected by copyright and similar rights. You may not use or make available any of that material for any commercial purpose. You acknowledge that iCollector is a trademark of IC and that you may not use it without written permission from IC.
IC will use its reasonable skill and care in operating the Site.
The Site is provided on an "as is", "as available" basis. IC makes no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site and it does not accept any liability for any losses or claims arising from any inability to access the Site, any interruption in the conduct of any auction, any failure to complete a transaction or any losses or claims arising from items offered for sale or sold on iCollector or arising from any act or omission or failure on the part of IC or the part of the Seller. IC makes no representations or warranties that the Site will be secure, uninterrupted, error free or free from infection or viruses. IC will not be responsible for your failure to execute a bid, for errors relating to the execution of a bid, or for technical problems that may hinder the efficacy of a bid (including e-mail transmission times or delays).
IC will not be liable for any damages arising in contract, tort or otherwise from the use or inability to use the Site or from any action taken (or refrained from being taken) by you as a result of the Site.
The Site may contain links to other World Wide Web sites and some elements of the Site contain material submitted by Sellers. IC is not responsible for the availability or content of such material provided by third parties.
In no event will IC be liable for any loss of profits, special loss, indirect loss or consequential loss of any kind in contract tort (including negligence) or otherwise which may result directly or indirectly from your use of the Site.
The information that you provide to IC or otherwise submit to the Site ("User Information") may be used by IC for the effective administration of its services and to communicate with you. Further details are set out in the Privacy Policy. By accepting this Agreement, you give your consent to the terms of the Privacy Policy. User Information submitted by you will not be defamatory, obscene, or otherwise infringe the rights of any third party.
To enable IC to use your User Information without breaching your rights in it, you grant to IC an irrevocable, non-exclusive, world-wide royalty-free license to use the User Information in accordance with the Privacy Policy.
IC may terminate your ability to be a member of iCollector and your access to the Site immediately and without notice if it reasonably believes that you have breached this Agreement or a Seller's terms and conditions, if IC is unable to verify or authenticate any information you provide to it, or if IC believes you have violated or attempted to violate the rights of other users of the Site.
Except as expressly agreed otherwise, any notices from you to IC will be given by e-mail to support@icollector.com and any notices by IC to you will be to your e-mail address or such other address as specified in your registration. Except as otherwise agreed, notice will be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, IC may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to IC during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
This Agreement is the entire agreement between you and IC with respect to your use of the Site. IC reserves the right, at its discretion, to make additions, substitutions and modifications to any part of the Site.
If any provision of this Agreement is found to be invalid by any court having 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. Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. You may not assign, sub-license or otherwise transfer this Agreement or any rights of access to the Site.
This Agreement will be governed by, and construed in accordance with, Canadian law and you agree that: (i) the Courts of British Columbia, Canada; or (ii) for the exclusive benefit of the plaintiff in the relevant proceedings, the country of residence or principal place of business of the defendant in the relevant proceedings are to have exclusive jurisdiction to settle any disputes which arise out of or in connection with this Agreement and both parties waive any objection to proceedings being brought in the Canadian courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
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