THE
FOLLOWING DESCRIBES THE TERMS ON WHICH YOU ARE OFFERED ACCESS TO OUR
SERVICES.
Welcome to the user agreement (the
"Agreement" or "User Agreement") for this La Reserve
Property Auction. This Agreement describes the terms and conditions
applicable to your use of our services available under the domain and
sub-domains of www.PMCWL.com (the "Site") and the general
principles for the websites of our subsidiaries and affiliates. IF YOU
DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT,
DO NOT USE OR ACCESS OUR SERVICES.
You must read, agree with and accept
all of the terms and conditions contained in this User Agreement and the
Privacy Policy, which include those terms and conditions expressly set
out below and those incorporated by reference, before you Register for
the La Reserve Club Property Auction. We strongly recommend that, as you read
this User Agreement, you also access and read the information contained
in the other pages and websites referred to in this document, as they
may contain further terms and conditions that apply to you as a user of
this Property Auction. By accepting this User Agreement, you also agree
that your use of other La Reserve websites will be governed by La
Reserve Club Property Auction User
Agreement and Privacy Policy.
We may amend this Agreement at any
time by posting the amended terms on the Site. Except as stated below,
all amended terms shall automatically be effective 10 days after they
are initially posted on the Site. This Agreement may not be otherwise
amended except in writing signed by you and La Reserve Club Property Auction.
This Agreement is effective upon acceptance in registration for new
registering bidders.
1 Registration Eligibility: Our
services are available only to, and may only be used by individuals who
can form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to children
(persons under the age of 18) or to temporarily or indefinitely
suspended La Reserve Club Property Auction members. If you are under the age
of 18, you can use this service only in conjunction with, and under the
supervision of your parents or guardians. If you do not qualify, please
do not use our Site. Further, your La Reserve Club Property Auction account
and User ID (Password/s) 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.
2 Fees and Services:
Registration for the La Reserve Club Property Auction costs £500 (Sterling)
and bidding on Timeshare weeks at La Reserve Club Property Auction is free. Our Fees and
Credits Policy is available and is incorporated into this Agreement by
reference. We may change our Fees and the fees for
our services from time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) days' notice of the
changes by posting the changes on the Site. However, we may choose to
temporarily change our Fees and the fees for our
services for promotional events and such changes are effective when we
post the temporary promotional event on the Site. We may in our sole
discretion change some or all of our services at any time. In the event
we introduce a new service, the fees for that service are effective at
the launch of the service. Unless otherwise stated, all fees are quoted
in (UK - pound sterling). You are responsible for paying your
registration fees associated with using our service and the Site.
3 La Reserve Club Property Auction is a
Venue
3.1 La Reserve Club Property
Auction is
not an Auctioneer: Although it is commonly referred to as an online
auction web site, it is important to realize that it is not a
traditional "auctioneer." Instead, the Site acts as a venue to
allow the specific sale of a Caribbean Property for the sole purpose of
raising money for Charities and Charitable good causes, to offer and
sell such a property via 52 Timeshare weeks during their "set
auction dates", in a variety of pricing formats, including a fixed
price format and an auction-style format commonly referred to as
"online auctions" or "auctions." We have full
control over the quality, safety and legality of the Timeshare weeks
advertised, the truth and accuracy of the listings, and the ability of
seller to sell the Timeshare weeks.
3.2 Identity Verification: We
can fully verify the accuracy of the information displayed on this web
site, however because bidders verification on the Internet is
difficult, La Reserve Club Property Auction cannot and does not confirm each
bidders purported identity.
3.3 Release: Because we are a
venue, in the event that you have a dispute with one or more Timeshare
purchasers, you release La Reserve Club Property Auction (and our officers,
directors, agents, subsidiaries, joint ventures and employees, charities
and charitable good causes) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
3.4 Information Control: We
control all information that is made available through this web site.
You may find some information or pictures to be offensive, please be
aware that at not time is any information meant to be deemed as
offensive. Please note that at no time will we ever deliberately include
anything within this website which will cause harmful, inaccurate, or be
deceptive. Please use caution, common sense, and practice safe bidding
practices when using the site. Please note that there are no risks of
dealing with any aspect of this web site, or the Timeshare weeks
available for bidding on. Nobody connected with this web site will ever act
under false pretence or mislead bidders in any way. Should errors occur
with respect to information placed on this web site by the web master,
then please inform us immediately outlining the location of the error
and we will rectify this immediately. By using this Site, you agree that
unintentional and infrequent errors could occur and that La Reserve Club
Property Auction is not responsible for errors on this website.
4 Bidding and Buying:
4.1 As a buyer, you are obligated to
complete the transaction with the seller:
(i) if you purchase an item through a
fixed price formats; or
(ii) if you are the highest bidder at
the end of an auction (meeting the applicable minimum bid or reserve
requirements) and your bid is accepted, unless the item is listed in a
category under the Non-Binding Bid Policy or the transaction is
prohibited by law or by this Agreement.
4.2 Condition of Sales.
By bidding on an item you agree to be bound by the conditions of
sale included in these conditions of
sale are not in violation of this Agreement or unlawful. La Reserve Club
Property Auction reserve the right to edit or make changes to a lot's
Description or Terms. Bids are not retractable except in exceptional
circumstances, such as: when the Timeshare weeks description or terms
have undergone changes during bidding or after you bid a clear
typographical error is made.
4.3 Risk of Loss. When the
Seller delivers the documentation via special recorded mail delivery
service to the Buyer, La Reserve Club Property Auction is not obligated to
make a refund should the documentation go missing, in this event La
Reserve Club Property Auction will issue new documentation at an extra charge to the
winning bidder.
4.4 Withdrawing Timeshare weeks.
In the event of any misrepresentation or false or fraudulent information
provided by a buyer, La Reserve Club Property Auction reserves the
right to withdraw any Timeshare weeks before the end of an auction sale
period, halt any sale during its progress, and/or remove, screen or edit
any materials or content on the Site. We may also refuse to process a
transaction for any reason or refuse service to anyone at any time in
its sole discretion. Neither La Reserve Club Property Auction nor any of its
affiliates will be liable to any Buyer, or third party by reason of La
Reserve Club Property Auction's withdrawal of any property prior to the end of the sale
period; halting any auction or sale during its progress; removing,
screening or editing any materials or content on the Site; refusing to
process a transaction; or unwinding or suspending any transaction after
processing has begun. In the event of failure of Buyer to complete a
sale for any reason, including La Reserve Club Property Auction decision
to refuse to process the transaction, La Reserve Club Property Auction shall
have the right to sell the property to the next highest bidder.
In the event of similar bids, the earliest bidder at that level
will be the successful Buyer. In all cases, La Reserve Club Property Auction determination
of the successful Buyer will be final.
4.5 Reserve Prices. All lots
offered on this Site are offered subject to a reserve, which is the
minimum price established by La Reserve Club Property Auction below which such
lot will not be sold. La Reserve Club Property Auction is not obligated to
sell a lot unless the reserve price is met. A lot will be withdrawn from
sale if no bid or offer equal to or above the reserve for that lot is
received during the sale period. La Reserve Club Property Auction shall have
the right to complete any transaction in accordance with these
provisions so long as the sale price exceeds the reserve.
4.6 Closing Times.
All closing times are decided by La Reserve Club Property
Auction.
Closing times are subject to change and may be changed at any
time for any reason.
5 Your Information.
5.1 Definition. "Your
Information" is defined as any information you provide to us or in
the registration or bidding process, in any public message area or
through any email feature. You are solely responsible for Your
Information.
5.2 . Restricted Activities.
Your Information (or any items listed) and your activities on the Site
shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or
involve counterfeit or stolen money; (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,
antidiscrimination or false advertising); (e) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) be obscene
or contain child pornography; (g) contain any viruses, Trojan horses,
worms, time bombs, cancelbots, Easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (h)
create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers. Fraudulent conduct is a
violation UK, federal and state laws and may be reported to law
enforcement authorities. La Reserve Club Property Auction will cooperate to
ensure that violators are prosecuted to the fullest extent of the law.
5.3 . License. Solely to enable
La Reserve Club Property Auction to use the information you supply us with, so
that we are not violating any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub- licensable (through multiple tiers)
right to exercise the copyright, publicity, and database rights (but no
other rights) you have in Your Information, in any media now known or
not currently known, with respect to Your Information. La Reserve Club
Property Auction will only use Your Information in accordance with our
Privacy Policy.
6. Integrity. La Reserve Club
Property Auction has the right, but not the obligation, to monitor any
activity and content associated with the Site. La Reserve Club Property
Auction may investigate any reported violations of the Site policies or
complaints and take any action that it deems appropriate (which may
include, but is not limited to, issuing warnings, suspending or
terminating service, denying access and/or removing any materials on the
Site, including listings and bids). La Reserve Club Property Auction may also
investigate, in its sole discretion, if at any point Credit card use is
permitted, the use of any credit card by a
user registered to buy on the Site, and take such action as we deem appropriate, including without limitation, contacting the
individual using such card, canceling bids or an offer to purchase
placed by such user, and/or deactivating a Buyer's account.
7.
Breach. Without limiting other remedies, we may limit your
activity, immediately remove your bids, warn our community of your
actions, issue a warning, temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our services to you if:
(a) you breach this Agreement or the documents it incorporates by
reference; (b) we are unable to verify or authenticate any information
you provide to us; or (c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
8. Privacy. (i)
La Reserve Club Property Auction
is committed to protecting your privacy. details of which are available
on request. The Privacy Notice may be changed by La Reserve Club
Property Auction
in the future. You should check the Privacy and Security
Policy frequently for changes. Notwithstanding any provision of the
Privacy and Security Policy, however, please note that:
(a)
La Reserve Club Property Auction may share with its affiliates and other
parties any registration information, any information concerning
potentially fraudulent activities on the Site, and any other information
it may obtain or possess regarding any user of the Site;
(b) La Reserve Club Property Auction reserves the right to report any
activity that it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other third parties; and
(c)
in order to cooperate with governmental requests, to protect La Reserve
Club Property Auction systems and customers and/or to ensure the integrity and
operation of La Reserve Charity Auction's business and systems, La
Reserve Club Property Auction may access and disclose any information it
considers necessary or appropriate, including, without limitation, user
contact details, IP addressing and traffic information, usage history
and posted content.
(ii) By registering to buy on the
Site, you specifically authorize La Reserve Club Property Auction to transmit
registration information (including any updated information) or to
obtain information about you from third parties from time to time,
including but not limited to your credit card number or credit reports
(including credit reports for your spouse if you reside in a community
property jurisdiction) in order to authenticate your identity, to
validate your credit card, to obtain an initial credit card
authorization and to authorize individual purchase transactions for
which you are the successful Buyer.
(iii) Unless otherwise authorized or
consented to by La Reserve Club Property Auction, you agree not to use any information
regarding other participants that is accessible from the Site or
disclosed to you by La Reserve Club Property Auction, except to enter into and complete
transactions on and through the Site. Without limiting the generality of
the foregoing, you agree not to use any such information for purposes of
spamming, harassment, invasion of privacy or otherwise objectionable
conduct.
9. No Warranty. WE,
OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. Liability Limit. IN
NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR
OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF
OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO AN AMOUNT NO
GREATER THAN £50.
11. Indemnity. You
agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of this
Agreement or the documents it incorporates by reference, or your
violation of any law or the rights of a third party.
12. Legal Compliance. You
shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service
and your bidding on, listing, purchase, solicitation of offers to
purchase.
13. No Agency. You
and La Reserve Club Property Auction are independent contractors, and no
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
14. Notices. Except
as explicitly stated otherwise, any notices shall be given by E-mail to
La Reserve Club Property Auction Attn: lareserveclub@europe.com (in the case of
La Reserve Club Property Auction). Notice
shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we
may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to La Reserve Club Property
Auction
during the registration process. In such case, notice shall be deemed
given 3 days after the date of mailing.
15. Resolution of Disputes. In
the event a dispute arises between you and La Reserve Club Property
Auction,
our goal is to provide you with a neutral and cost effective means of
resolving the dispute quickly. Accordingly, you and La Reserve Club
Property Auction 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.
The contract between the highest
bidder or buyer and La Reserve Club Property Auction will be completed when
the sale period for the auction ends, at which point the person who
agreed to pay the listed asking price or submitted the highest valid
bid, received and accepted by La Reserve Club Property Auction, will be the
Buyer. La Reserve Club
Property Auction IS LOCATED IN Germany; THE CONTRACT OF SALE IS THEREFORE
DEEMED TO HAVE BEEN COMPLETED IN Germany. Buyer and Seller each
waive the right to bring a claim in any court located outside Germany,
or to argue that any such court has jurisdiction over any claim arising
under or related to this agreement or any transaction consummated
hereunder. La Reserve Club Property Auction reserves the right to reject any
bid or offer to buy at any time. In the event of identical bids or
offers, the first bid or offer received by La Reserve Club Property
Auction
will take precedence. In the event of any dispute between potential
Buyers, or in the event of doubt as to the validity of any bid or offer,
La Reserve Club Property Auction will have the final discretion to determine
the successful Buyer. If any dispute concerning bidding or any offer to
purchase arises after the sale, La Reserve Club Property Auction's
determination is conclusive. Please note that La Reserve Club Property
Auction
is not responsible for errors or omissions in connection with the
transmission of bids or offers to the Site (including without limitation
your receipt of emails regarding the status of a bid, offer, lot or
purchase), nor for any on-line or other charges you may incur in
connection with participating in a sale.
16.
Additional Terms. The
following policies are incorporated into this Agreement by reference and
provide additional terms and conditions related to specific services
offered on the Site: Privacy Policy, Outage Policy, Non-Binding Bid
Policy,Investigations Policy, and the Non-Paying Bidder Policy.
Each of these policies may be changed from time to time and are
effective immediately after we post the changes on the Site, except for
the Privacy Policy for which we will provide you with thirty days prior
notice. In addition, when using particular services on the Site, you
agree that you are subject to any posted policies or rules applicable to
services you use through the Site, which may be posted from time to
time. All such posted policies or rules are hereby incorporated by
reference into this Agreement.
17.
General. This
Agreement shall be governed in all respects by the laws of Germany as
such laws are applied to agreements entered into and to be performed
entirely within Germany between German residents. We do not guarantee
continuous, uninterrupted or secure access to our services, and
operation of the Site may be interfered with by numerous factors outside
of our control. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by La Reserve Club
Property Auction in accordance with Section 17 "Notices", in
our sole discretion, Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof. Sections
2 (Fees and Services) with respect to fees owed for our services, 3.4
(Release), 5.3 (License), 11 (Liability
Limit), 12 (Indemnity) and 16 (Resolution of Disputes) shall survive any
termination or expiration of this Agreement.
18.
Ownership. All content included on this Site, such as text,
graphics, logos, button icons, images, audio clips and software, is the
property of La Reserve Club Property Auction, except those items listed which
refer to each Charity supported by La Reserve Club Property Auction on this
web site. They are protected by copyright laws and international
conventions. As between you and La Reserve Club Property Auction, the
compilation (meaning the collection, arrangement and assembly) of all
content on this Site is the exclusive property of La Reserve Club
Property Auction and is protected by International copyright laws and
international conventions. All software used on this Site is the
property of La Reserve Club Property Auction or its software suppliers and is
protected by International copyright laws and international conventions.
The content and software on this Site may be used only as a shopping
resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display or performance, of
the content on this Site is strictly prohibited.
19. Disclosures. Commercially
available parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors. If
you are interested in learning more about these protections, information
is available at http://www.safetysurf.com/ or other analogous sites
providing information on such protections. The preceding link is
provided for information purposes only, and is not intended as an
endorsement of SafetySurf.com's Internet site, services, or policies. La
Reserve Club Property Auction is not affiliated with SafetySurf.com.
Disputes between you and La Reserve
Club Property Auction regarding our services may be reported to Customer
Support by email
lareserve@mail.com
. We encourage you to report all bidder-to-bidder disputes to your local law
enforcement, postmaster general, or a certified mediation or arbitration
entity.
Additionally, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs may be contacted in
writing. |