FREE AUCTION ALERTS
gauk Networks
|
|
FOR SECURITY gauk WILL COLLECT AND STORE THE IP OF THE COMPUTER USED TO SUBSCRIBE AND ALL ACCESS AND LOG IN FILES ARE STORED FOR UP TO FIVE YEARS.
These Terms & Conditions are published here and
available for study before a payment is made. You should
carefully read the Terms & Conditions before using
gauk Networks products and services. |
Last updated 4th July, 2011
General
Privacy
Communications
Payments
Copyright
Anti Spam Policy
Exceptions
Content
Advertisers
Disclaimer
1.
General
1. gauk Networks is owned and operated by Government
Auctions LLC (Worldwide) Trolley Square,
Suite 19c, Wilmington, DE 19806. Auctions International
Ltd (Europe) Suite 8, Ellesmere House,
29 City Mill Lane, Gibraltar. 8 Neo Chorio 2, Agias Sophias.
Paphos 8852 Cyprus 26 321311,
1.2 gauk Networks takes reasonable steps to ensure that the information published on its web pages/e-mails/publications is accurate and up to date. gauk Networks cannot be held responsible for sites outside its control or domain. gauk Networks may amend sections and add, replace, or remove forms or documents without notice. The information, forms and documents offered are designed to provide a guide for common situations.
External
links & third parties
gauk Networks websites contains links to
external, third party websites and gauk Networks
shall not be responsible for the availability or services of
such sites. The fact that a website or business is listed on
this website
does not mean that gauk Networks offers any sort
of guarantee or warranty as to their ability to provide any services
or products advertised and all users agree that they will make
their own enquiries and satisfy themselves that a third party
is suitable to enter into dealings with. All users agree that
gauk Networks (or any of its subsidiaries) acknowledge and agree
that gauk Networks is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible
or liable for any Content, advertising, products or other materials
on or available from such sites or resources. You further acknowledge
and agree that gauk Networks shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site
or resource.
1.3 gauk Networks, its agents and employees will not be liable for any loss or damage arising directly or indirectly from the possession, publication, or use of or reliance on information obtained from this service.
1.4 gauk Networks furnishes its information both on these web pages and on forms and documents issued through its service in good faith without express or implied warranty. If you have any questions concerning the appropriateness or use of the information, forms or documents provided by gauk Networks or the information contained on the web pages you must seek competent legal advice. gauk Networks cannot be held responsible.
Use
of the Service
gauk Networks
site/s may be used only for lawful purposes and any user identified
as using the site for illegal purposes will have their membership
terminated. The database may not be used as a mailing list or
to canvas any other member or business in any way. Members accept
of course that they may be contacted by other members
in respect of adverts they may post/may be posted on the gauk Networks
Competition
Should a subscriber or anyone, their employees, associates or
anyone connected with that person using Government Auctions
UK LLC services publish a Website or
any other material deemed to be in competition to any gauk Networks, Government Auctions UK LLC Website within a commission
period they will immediately notify gauk in writing. They acknowledge
that their affiliate account will immediately be suspended
and all commissions owing from the point of publication will
no longer be valid.
Damages
Should a subscriber or anyone, their employees, associates or
anyone connected with that person using Government Auctions
UK LLC services
publish a website or any other material deemed to be in competition
with, or associated with gauk Networks, Government Auctions UK
LLC published material using information related to, published
by or protected by copyright to gauk Networks, Government Auctions
UK LLC they agree to be liable for all indirect, special or
consequential damages (or loss of revenue, profits or data)
arising from the competition published material, text, images,
recording, visual media or publication of any description for
up to FIVE years form the date of publication of the website
or publication deemed to be 'competitive'.
2.
Privacy
2.1 gauk Networks, Online Privacy Policy (Last updated
October 11th, 2009 )
gauk Networks has established this Privacy Policy
to explain how it protects and manages the personal information
that it collects from you (the customer) online.
2.2 Consent for Collection, Use and Disclosure
Your use of the gauk Networks site and/or your registration for gauk Networks products and services constitute your consent to the terms of this Privacy Policy.
gauk Networks may occasionally update this Privacy Policy. When it does, gauk Networks will also revise the “last update” date at the top of this Privacy Policy. In addition, gauk Networks will seek a customer’s prior consent, by email, for any new uses or proposed disclosures of information collected from the customer prior to the change. gauk Networks will notify customers by email of changes to this policy that will affect information collected from them in the future .
2.3
Accountability
gauk Networks collects, at the time of your registration
and your sign-on to its web site, certain “personal information” (information
that personally identifies you) including but not limited to
your name, email address, home or work address, telephone number,
and information about your computer hardware and software (e.g.
IP address, operating system, browser type, domain name, URL,
access times, and referring web site addresses).
gauk Networks has implemented this Privacy Policy to protect
personal information received from its customers, and to
respond to any inquiries . The Privacy Policy also provides that
gauk Networks will use appropriate contractual means
to establish a comparable level of protection for personal information
which is sent for processing by third parties on gauk Networks’s behalf.
gauk Networks has designated responsibility for
your personal information to its Privacy Officer, who ensures
compliance with the principles in this Privacy Policy. Other
gauk Networks individuals may be delegated to act
on behalf of the Privacy Officer.
2.4
Purposes for Collecting Personal Information
gauk Networks collects and uses personal information
for the following Identified Purposes:
(a) to understand customer needs regarding gauk Networks LLC’s services;
(b) to develop and provide our web site and our products and services
for our customers;
(c)to fulfill your requests for products, services or information;
(d)to communicate with customers and site visitors, when necessary,
and to inform customers of upgrades, as well as of other products
and services available from gauk Networks, its affiliates
and third parties;
(e)to allow customers to access limited-entry areas of gauk Networks’s site;
(f)to personalise some of our services and products for you and
to deliver targeted advertisements and offers from gauk Networks and third parties;
(g)to bill accounts and maintain payment records;
(h)to comply with any applicable law, regulation, legal process
or government request;
(i)to respond to a legitimate claim, or to address our reasonable
belief, that you are violating the rights of any third party or
any of the agreements or policies that govern your use of the
gauk Networks site or any gauk Networks product or service;
(j)to protect the services, products or rights of gauk Networks, including but not limited to the security or integrity
of the gauk Networks site; and
(k)to identify and resolve technical problems concerning gauk Networks’s site, products and services.
gauk Networks
also uses personal information in an aggregate form ( ie.not
individually attributable to you) for its business
analysis, operational, marketing and other promotional purposes.
If we hire other companies to provide some products or services
on our behalf, then we will only provide those companies the personal
information they need for the Identified Purposes, and we will
limit their rights to use and further disclose your personal information
as appropriate in the course of their work for us.
2.5
Limiting the Collection of Personal Information
gauk Networks limits its collection of personal
information to only that information which is necessary for the
Identified Purposes. gauk Networks does not
direct its site to, nor does it knowingly collect any personal
information from children under the age of thirteen.
Cookies: When you visit the gauk Networks website, a cookie
may be placed on your computer or the cookie may be read if you
have visited the gauk Networks site previously.
gauk Networks uses cookies to allow gauk Networks to determine which
products and services you have already purchased so that gauk Networks does not provide
redundant information to you, and, if you are an gauk Networks
affiliate, to track gauk Networks sales made to customers referred
by you so that you can receive compensation
under our affiliate program. If you choose to not have
your browser accept cookies from the gauk Networks
website, you may not be able to view all the text on the screens,
or to experience a personalised visit, or to subscribe to certain
service and product offerings on the gauk Networks
site.
2.6
Disclosure, Processing and Retention
gauk Networks does not sell, rent or disclose your
personal information to anyone else, except:
(a)to someone you have designated to act as your agent, for one
or more of the Identified Purposes (listed in Section 2, above);
(b)to gauk Networks’s employees, independent
contractors, subsidiaries, affiliates, consultants, business associates,
service providers, suppliers and agents, acting on gauk Networks’s behalf for any of the Identified Purposes;
(c)as necessary if gauk Networks has reason to believe
that disclosure is necessary to identify, contact or bring legal
action against someone who may be causing injury to or interference
(either intentionally or unintentionally) with gauk Networks’s rights or property, other users of gauk Networks’s web site, products or services, or anyone else
that could be harmed by such activities; and
(d)to respond to judicial process and provide information to law
enforcement agencies or in connection with an investigation on
matters related to public safety, as permitted by law, or otherwise
as required by law.
In addition, as we continue to develop our business, we or our
affiliates may sell or buy other businesses or entities, or we
may merge with another company. In such transactions, personal
information may be one of the transferred business assets. Also,
in the event that gauk Networks or substantially
all of its assets are acquired, your personal information may
be one of the transferred assets.
Your information may be stored and processed in any country in
which gauk Networks or its affiliates, subsidiaries
or agents maintain facilities. By using this website,
you consent to any such transfer of information outside of your
country.
After your account becomes inactive (that is, if you request to be removed from our database), gauk Networks will keep your personal information in its archives. Your information will then be used only as necessary for tax reasons or to prove gauk Networks’s compliance with any applicable law.
2.7
Accuracy of Personal Information
gauk Networks will use reasonable efforts to keep
customer personal information accurate for the Identified Purposes,
and for minimizing the possibility of making inappropriate customer
decisions based on such information. Customers are responsible
for informing gauk Networks about changes to their
personal information. You can do this by sending an email Here.
gauk Networks will use new or updated personal information
it receives from customers to update its own records.
2.8
Security Safeguards
gauk Networks will use reasonable efforts to protect
customers’ personal information.
2.9
Access to Personal Information
gauk Networks will afford you a reasonable opportunity
to review the personal information in your file upon request to
the Privacy Officer Here.
If gauk Networks is not able to provide access to
some aspect of a customer’s personal information, it will
provide reasons for denying access such as; that by doing so would
likely reveal personal information about a third party, or that
it is confidential commercial information or lawyer–client
privileged communications, or that the information relates to
a breach of an agreement or a contravention of law, or that its
disclosure could reasonably be expected to threaten the life
or security of another individual.
Customers have the right to request that inaccurate or incomplete
information be amended as appropriate, by contacting gauk Networks or the Privacy Officer as described above. gauk Networks will promptly correct such personal information.
3.
Communications and free newsletter
Subscribers (unless disputed, the person whose details appear
in the subscription form and submitted to gauk Networks) agree to receive the gauk Networks electronic
newsletter and a limited number of communications from gauk Networks. Communications may contain selected advertising
and carry an unsubscribe link which can be activated at any time.
gauk Networks electronic newsletter is a separate
service to ‘paid for’ subscriptions and newsletter.
Cancellation from the free newsletter will not affect subscription
to general Government Auctions UK information.
4.
Payments
(Last updated Feb,
2011)
4.1 When a user has set up their desired subscription,
payments will be taken automatically through the secure payment
processor (depending on subscription option)
until
canceled
by the user
(see 4.3).
What is a Continuous Payment Authority? (CPA)
It can be set up using plastic cards, both credit and debit cards can be used. It's similar to direct debit because payments are debited from the account which is linked to the card.
How do I cancel a Continuous Payment Authority?
Any reputable company will have options for cancelling a membership or subscription and gauk is no exception!
You have total control over your payment options under 'My Profile' in your member's area. Here you can manage payments and even cancel them at the click of a button.
Furthermore, your payment processors Worldpay (Royal Bank of Scotland) Secpay (on behalf of Barclays) and Paypal have several options for cancelling a CPA including direct phone numbers which can be found here
Credit Cards:
Payments will appear on the subscriber's bank
statement as 'Gov Auctions UK' (or a variant of). By completing
the subscription forms and agreeing to the simple terms on those
pages, subscribers/cardholders unconditionally give gauk Networks
payment processors continuous authority to debit
their credit/debit card on that basis until canceled by the subscriber
by the cancel link outlined in (4.3).
If a subscriber uses a third party's card they do so with the
cardholder's full knowledge and express permission. The cardholder
also agrees to be bound by these terms and conditions.
Credit card processors are currently Worldpay RBS Scotland and
Paypoint on Behalf of Barclays.
4.2 There may be various subscription promotions applied at the time of subscription and that the fee will revert to the standard rate published at the site at the time stated in the promotion.
4.3
Canceling Subscriptions.
Credit Cards: All cancellations are through the simple online
process. Subscribers/cardholders have total control over their
accounts and can cancel continuous
authority
at any
time
through
their
'My Profile'
pages
in the Members'
Area.
'My
Account' pages detail all subscriptions with cancellation being
a simple 'Cancel Subscription' link.
Paypal: Users cancel their subscriptions within their Paypal
account under 'My Account'.
4.3.1 If subscribers experience a problem with the system then the subscriber will should contact gauk Networks at their earliest convenience outlining the problem Here. gauk Networks will cancel the account manually. When an account is canceled in the described manner Government Auctions LLC will send a 'confirmation of cancellation' to the e-mail address provided by the person wishing to cancel, they should retain this for their records.
4.3.2 gauk Networks will retain copies of all 'confirmation of cancellations sent for a period of at least two years and refund any payments taken after the date that the 'confirmation of cancellation was sent should it be necessary.
4.3.3 Without a 'confirmation of cancellation, in writing, from gauk Networks it cannot be assumed or guaranteed that gauk Networks received the request. Government Auctions cannot be held responsible should a subscriber not follow the cancellation procedure outlined Here.
4.4
Usernames & Passwords
All members shall be issued with a unique username and password,
which will be required each time the user wishes to access the
website. It is the user's responsibility to keep these details
safe and confidential and users agree not to share, lend or sell
their access details to any third party. gauk Networks uses IP tracking software to monitor the
number of individual users accessing the site using the same login
information and anyone found sharing their details will have their
membership revoked and no refund of payments made will be given.
All users agree that they are responsible for any actions that
occur whilst logged into the site under their own unique login
details.
On receipt of a new subscription payment passwords are automatically sent giving access to the information in the members' area. If these passwords are not received within 24 hours the subscriber must contact gauk Networks for new passwords. If a subscriber is unable to gain access for any reason whatsoever they agree to inform gauk Networks at their earliest opportunity. gauk Networks will endeavor to resolve the problem at their earliest opportunity.
4.5
If the subscriber/cardholder does not cancel continuous authority
with gauk Networks in the described manner, (4.3)
passwords remain live and subscription payments will continue
for the requested payment option. Payments for this period are
non refundable as either a full or partial payment.
Payment Disputes: PLEASE
NOTE THAT THE FOLLOWING CLAUSE ONLY APPLIES TO 'DISPUTED TRANSACTIONS'
AND SUBSCRIPTIONS REPORTED AS 'NOT AUTHORISED' TO THE USER'S
CREDIT CARD COMPANY (No
other charges apply to gauk Networks use and general support/alert
communications are not covered by 4.6)
4.6 If a cardholder/subscriber to gauk Networks services instigates
a ‘Disputed Transaction', 'Authority Not Given’, Not
Authorised' charge back for either an initial single transaction,
or continuous authority
transaction, with their
credit card company/bank - for whatever reason for a gauk Networks
product/service - and it subsequently transpires (a)
the card was NOT used fraudulently, (b) the cardholder
has NOT canceled in the agreed manner (see 4.3) or (c) the
card was used with the cardholder's knowledge, the following
applies:
(a) The cardholder agrees to
withdraw the dispute immediately, or as soon as is reasonably
possible, with their credit card company.
(b)
They will agree to
their card company re accrediting gauk Networks's
account for the disputed amount either by their credit card company
crediting gauk Networks or via a manual transaction processed by
gauk Networks.
(c)
They agree to pay an initial
administration fee of £30 levied to defend the charge back
(At the discretion of gauk Networks).
(d)
They agree to pay any charge made to gauk Networks and associated
companies by the payment processor/merchant service
(e) They agree to pay further
costs at a rate of £30
per communication should it be necessary on invoice. gauk Networks
will inform the cardholder prior to any sending communications
charged at the published rate when dealing with a payment dispute.
(f)
If an invoice
has to be raised the
cardholder will to agree to make the payment within seven days
of invoice.
(g)
Should
it be necessary to recover disputed subscription payments, administration
charges
plus any
associated costs incurred by gauk Networks through
the UK County Courts. The cardholder will agree to forgo any
rights
whatsoever
to defend
the disputed
amount.
(h) ON RECEIPT OF A PAYMENT DISPUTE MEMBERSHIP AND ACCESS TO GAUK SERVICES WILL BE IMMEDIATLY SUSPENDED.
Fraud
gauk Networks will pursue and prosecute
to the fullest extent of the law any individual(s) who attempt
to use our systems, software, or services for the purpose of
fraudulent
transactions.
gauk Networks maintains ethical practices and will
not tolerate any misuse of our tools and resources by any third
party. If misuse occurs, we will do everything in our power to
immediately terminate the relationship and prevent any further
misuse.
4.7 Should the cardholder suspect their card has been used in a fraudulent transaction, and the cardholder has instigated a ‘Disputed Transaction', 'Authority Not Given’, 'Not Authorised' charge back for either an initial single transaction, or continuous authority transaction, with their credit card company they must inform the relevant authorities (credit card fraud department, police etc) at the earliest available opportunity and instruct them to carry out a full investigation into the alleged misuse of the card. gauk Networks will furnish the investigating authority with all records of the transaction including ip addresses which can be traced directly to the computer that made the transaction.
4.8 Subscription payments are for the information in the gauk Networks members' area and are not a membership fee.
Refunds
4.9 The refund policy covering all gauk Networks
products state that: gauk Networks will refund
100%
of the subscription cost should the product/service fail to deliver
in any way from its description. Subscribers accept that to
receive
a full refund they must demonstrate that after following all
published material instructions and taken advice from support
the product/service
has failed in its description. An example would be that gauk offer to provide information on certain events or items and these are no longer accessible once subscribed, or that we do not provide the information as promised. As described under cancelling your subscription, a person has the right to cancel at any time. Trade descriptions and ‘cooling off period’ (UK) due to the fact that gauk information is instantly accessible, there is no cooling off period. If they are
seeking a refund they must contact gauk immediately via the
contact us form detailing what they were trying to achieve or find and how gauk has failed to proved the service
5.
Copyright
Copyright © 2004 gauk Government Auctions UK
LLC. All Rights Reserved. No part of gauk Networks or associated/related
sites may be copied, reproduced or stored in a retrieval system,
or transmitted in any form or by any means, electronic, mechanical,
photocopying, recording, or otherwise in part or full without
express written permission from the publisher. All
violations
will be
prosecuted
to the fullest extent of the law. For reproduction permissions
and licence agreements contact us Here
Notice and procedure for making claims of copyright or intellectual
property infringement
gauk Networks respects the intellectual property of other. If
you believe that your work has been copied in a way that constitutes
copyright infringement,
or your intellectual property rights have been otherwise violated,
please provide gauk Networks's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that
you
claim has been infringed;
c. a description of where the material that you claim is infringing is located
on
the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use
is
not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
gauk Networks's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached Here
TRADEMARK INFORMATION
You agree that all of gauk Networks’s trademarks, trade names,
service marks and other gauk Networks logos and brand features,
and product and service names are trademarks and the property
of
Government Auctions UK LLC. Without gauk Networks's
prior permission, you agree not to display or use in any manner
the gauk Networks Marks.
6.
Anti-Spam Policy
gauk Networks is committed to permission-based
email marketing practices, and as a result has established this
no-tolerance Anti-Spam Policy. gauk Networks
will occasionally update this Anti-Spam Policy. When it
does, gauk Networks will also revise the “last
update” date at the top of this Anti-Spam Policy. For
changes to this policy, gauk Networks will notify
you (the customer) by placing a notice on its web site home page.
What is Spam?
Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient.
It is intrusive and often irrelevant or offensive, and it wastes
valuable resources. Spam messages are the opposite of permission-based
email, which are normally anticipated, personal, relevant and/or
associated with a pre-existing business or personal relationship. Inappropriate
newsgroup activities, consisting of excessive posting of the
same materials to several newsgroups, are also deemed to be spam.
Preventing Spam
Customers of gauk Networks products and services
have agreed during their registration process, upon accepting
the Terms of Use, to comply with this Anti-Spam Policy.
Specifically, each customer agrees not to use the gauk Networks products or services to send unsolicited email or bulk
email, whether or not for commercial purposes. gauk Networks reserves the right to determine in its sole discretion
what constitutes actionable spam, as well as what measures are
necessary in response to such spam activities.
How gauk Networks Helps You to Avoid
Spamming
gauk Networks has developed its Internet marketing
tools to incorporate a strict permission-based philosophy. This
anti-spam philosophy is implemented through the following:
(a) Communication and Agreement – The Terms of Use that you have agreed to as part of registering for the gauk Networks products and services state how and for what purposes you can collect your site visitor addresses, and that you will follow the gauk Networks Privacy Policy and Anti-Spam Policy.
(b) Un subscription– Each email created using gauk Networks products contains an “unsubscribe link”. If your web site visitors use the link to request that they be un subscribed, your subscriber lists will automatically be adjusted to eliminate the prospect of sending unwanted email to such persons. Additionally, each person on your subscriber list has the option of un subscribing through a web-based method provided on the gauk Networks web site. Customers of gauk Networks who try to remove the unsubscribe link will be warned that they are doing so, and if they persist in having the link removed or deactivated in any way, then gauk Networks will have the right to terminate their account.
(c) Purchased Mailing Lists - Mass mailings to purchased email lists are not allowed. gauk Networks only allows opt-in mailing lists. Purchased or inherited lists are by definition not opt-in. Similarly, you cannot use an email list relating to particular subject matter, and then use it for an unrelated topic.
Laws Restricting Spam
Spam laws vary from from country to country. This gauk Networks Anti-Spam Policy has been developed to conform
to the highest commercially reasonable standards. As a
result, and without limiting the general prohibitions against
all spam activities, the following are expressly prohibited:
(a) Use of false headers, or other false information, to identify
the point of origin or the transmission path of the email, or
to hide the true origin of the email sender,
(b) Unauthorized use of a third party’s internet domain
name without the permission of such third party, to make it appear
that the third party was the point of origin of the email,
(c) Use of any false or misleading information in the subject
line of the email, and
(d) Assisting any person in using the products or services of
gauk Networks for any of these previously mentioned
activities.
Questions to Ask Yourself
To help in establishing whether you are participating in activities
constituting spam, ask yourself the following questions:
(a) Are you sending email to non-specific addresses, such as info@domain.com
or sales@domain.com?
(b) Have you deliberately falsified your transmission path information
or originating address?
(c) Are you sending email to mailing lists or distribution lists,
which then send indirectly to various other email addresses?
(d) Have you imported for use a purchased list of any type?
(e) Are you continuing to mail to anyone who has asked to be deleted
from your mailing list?
(f) Does your email not provide a fully functioning link to unsubscribe?
(g) Does you email subject line contain false or misleading information?
(h) Have you used a third party’s email address or domain
name without the party’s consent?
If you answer yes to any of these questions, you are likely involved
in spam activities, and should contact gauk Networks LLC customer support service Here.
Measures to Enforce the Anti-Spam Policy
Any gauk Networks customer/affiliate found to be
using gauk Networks products or services for spamming
purposes may, at gauk Networks’s discretion,
be immediately cut off from use of all gauk Networks products and services and/or fined £1,000 per occurrence,
with no refund of fees that have been paid.
gauk Networks LLC warns all of its customers when signing up that if they participate in spamming activities they will be subject to the loss of gauk Networks services, fines and possible legal action.
gauk Networks has the right to actively review its customers’ subscriber lists and email for suspiciously large broadcasts. If gauk Networks finds any customers to be spamming, it will issue a warning, and if the activities are serious enough, gauk Networks will take action immediately. If gauk Networks has any reason to believe that the customer, despite warning being given, threatens to or is continuing to send spam, then gauk Networks may take action immediately, including disabling the customer’s account and/or reporting the customer and the incident to the proper authorities.
gauk Networks does not attempt to censor any content, nor to curtail the business of its customers. However, spam activities do not fall within uses authorised by gauk Networks, and will not be tolerated.
Reporting Spam
If you believe that you have received spam from or through gauk Networks’s facilities, please send a complaint from
your email account along with the unsolicited email, with completed
header Here.
Please provide any other information that you believe may help
us in our investigation. gauk Networks does
not investigate or take any action based on “anonymous” spam
complaints.
False Spam Complaints
gauk Networks supports the efforts of various organisations
working to responsibly eliminate spam activities. However,
if an individual has opted-in to receive email from a customer
of gauk Networks, and then falsely or maliciously
files a spam complaint against gauk Networks or
its customers, gauk Networks will cooperate fully
with the appropriate agencies to ban the complainant from use
of anti-spam software and the Internet community.
7.
Exceptions
Exceptions to any of the points in gauk Networks
Terms and Conditions are made entirely at the discretion of gauk Networks, without prejudice.
8. Content submitted or made available for inclusion on the gauk Networks services
gauk Networks does not claim ownership of Content
submitted or made available for inclusion on the gauk Networks
Services. However,
with respect to Content submitted or made available for inclusion
on publicly accessible areas of the gauk Networks Services, you
grant gauk Networks the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
8.
1. With respect to Content you submit or make available for inclusion
on publicly accessible areas of gauk Networks, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the gauk Networks Services solely for the
purposes of providing and promoting the specific gauk Networks
service to which such Content was submitted or made available.
This license exists only for as long as you elect to continue
to include such Content on the gauk Networks Services and will
terminate at the time you remove or gauk Networks removes such
Content from the gauk Networks Services.
8.2. With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas
of the gauk Networks Services, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display
such Content on the gauk Networks Services solely for the purpose
for which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include
such Content on the gauk Networks Services and will terminate at
the time you remove or gauk Networks removes such Content from
the gauk Networks Services.
8.3. With respect to Content other than photos, graphics, audio
or video you submit or make available for inclusion on publicly
accessible areas of the gauk Networks Services, the perpetual,
irrevocable and fully sub licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium
now known or later developed.
"
Publicly accessible" areas of the gauk Networks Services are
those areas of the gauk Networks network of properties that are
intended by gauk Networks to be available to the general public.
By way of example, publicly accessible areas of the gauk Networks
Services would include gauk Networks pages that are open to both
members and visitors. However, publicly accessible areas of the
gauk Networks Services would not include portions of gauk Networks
that are limited to members, gauk Networks services intended for
private communication such as gauk Networks Mail or gauk Networks
Messenger, or areas off of the gauk Networks network of properties
such as portions of World Wide Web sites that are accessible
via hypertext or other links but are not hosted or served by
gauk Networks.
Contributions to gauk Networks
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to gauk Networks through its suggestion
or feedback webpages, you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information;
(b) gauk Networks is not under any obligation of confidentiality,
express or implied, with respect to the Contributions; (c) gauk Networks shall be entitled to use or disclose (or choose not to
use or disclose) such Contributions for any purpose, in any way,
in any media worldwide; (d) gauk Networks may have something similar
to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of gauk Networks without any obligation of gauk Networks to you; and (f)
you are not entitled to any compensation or reimbursement of
any kind from gauk Networks under any circumstances.
Indemnity
You agree to indemnify and hold gauk Networks and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit,
post, transmit, modify or otherwise make available through the
gauk Services, your use of the gauk Services, your connection
to the gauk Services, your violation of the TOS, or your violation
of any rights of another.
9.
Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the gauk Networks,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
You agree that gauk Networks shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings
or as the result of the presence of such advertisers on the gauk Networks Services.
9.1 WEBSITE OPERATOR MAY FROM TO TIME PROVIDE A RESOURCE WHERE CATALOGUES AND OTHER SALE DETAILS FROM DEALERS, AUCTION HOUSES AND OTHER SELLERS ("SELLERS") CAN CONVENIENTLY BE VIEWED. WEBSITE OPERATOR'S ROLE IS LIMITED TO THE PROVISION OF THE SERVICE FOR THE PUBLICATION OF INFORMATION ON ITEMS ("ITEMS") OFFERED FOR SALE PROVIDED BY THE SELLERS.
9.2 ITEMS ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE SELLER AND ANY TERMS OF THE AUCTIONEER. IT IS THE USER'S RESPONSIBILITY TO OBTAIN AND TO READ THE AUCTIONEER'S AND SELLER'S TERMS AND CONDITIONS CAREFULLY BEFORE MAKING A BID OR OFFER TO PURCHASE ANY ITEM.
9.3 gauk IS NOT A PARTY TO ANY TRANSACTION BETWEEN THE USER AND THE SELLER FOR THE SALE OF ITEMS NOR IS gauk ACTING AS AGENT FOR OR OTHERWISE ON BEHALF OF ANY SELLER. ACCORDINGLY, THE USER ACCEPTS THAT IT WILL HAVE NO CLAIM OR CAUSE OF ACTION AGAINST gauk IN RESPECT OF THE SALE (OR NON-SALE) OF ANY ITEM.
9.4 FOR THE AVOIDANCE OF DOUBT, WEBSITE OPERATOR IS NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION ABOUT ITEMS ON THE SITE. WEBSITE OPERATOR DOES NOT EVALUATE ITEMS AND DOES NOT ACT AS A SPECIALIST OR EXPERT ON ANY RELATED SUBJECT MATTER. WEBSITE OPERATOR 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, SAFETY, FITNESS FOR PURPOSE OR AVAILABILITY FOR SALE). IF THE USER HAS ANY QUESTIONS, THEN THEY SHOULD CONTACT THE SELLER DIRECTLY. IN PARTICULAR, IT IS THE USER'S RESPONSIBILITY TO UNDERSTAND THE SELLER'S PAYMENT AND SHIPPING TERMS AND THOSE OF THE AUCTIONEER.
9.5 WHILST WEBSITE OPERATOR MAY ENDEAVOUR TO FACILITATE ELECTRONIC OR OTHER COMMUNICATIONS BETWEEN USERS AND SELLERS, IT ACCEPTS NO RESPONSIBILITY IN RESPECT OF THE AVAILABILITY OR PERFORMANCE OF ANY SUCH SERVICES.
9.6 USERS MUST REGISTER AND AGREE TO THE BIDDER USERS TERMS AND CONDITIONS BEFORE THEY CAN PARTICIPATE IN ANY AUCTIONS (WHETHER LIVE OR OTHERWISE).
10. Disclaimer
of Warranties
You expressly understand and agree that:
1. your use of the gauk Networks Services and software are at your
sole risk. The gauk Networks Services and software are provided on
an "as
is" and "as available" basis. gauk Networks and its
subsidiaries, affiliates, officers, employees, agents, partners
and licensors
expressly disclaim all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties
of title, merchantability, fitness for a particular purpose and
non-infringement.
2. gauk Networks and its subsidiaries, affiliates, officers,
employees, agents, partners and licensors make no warranty that
(i) the gauk Networks Services or software will meet your requirements;
(ii) the gauk Networks Services or software will be uninterrupted,
timely, secure or error-free; (iii) the results that may be obtained
from
the use of the gauk Networks Services or software will be accurate
or reliable; (iv) the quality of any products, services, information
or other material purchased or obtained by you through the gauk Networks Services or software will meet your expectations; and (v)
any errors
in the software will be corrected.
3. any material downloaded or
otherwise obtained through the use of the gauk Networks Services
or software is accessed at your own discretion and risk, and you
will be solely
responsible for and hereby waive any and all claims and causes
of action with respect to any damage to your computer system, internet
access, download or display device, or loss of data that results
from the download of any such material.
4. no advice or information,
whether oral or written, obtained by you from gauk Networks or through
or from the gauk Networks Services or software shall create any warranty
not expressly stated in the terms of service.
LIMITATION OF LIABILITY
All users agree that gauk Networks and
its subsidiaries, affiliates, officers, employees, agents, partners
and licensors shall not be liable to you for any punitive, indirect,
incidental, special, consequential or exemplary damages, including,
but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if gauk Networks has been advised
of the possibility of such damages), resulting from: (a) the
use or the inability to use the gauk Networks Service; (b) the cost
of procurement of substitute goods and services; (c) unauthorized
access to or alteration of your transmissions or data; (d) statements
or conduct of any third party on the gauk Networks Service; or (e) any
other matter relating to the gauk Networks Service.. Users accept that
they are using websites and the third parties to which they link
to entirely at their own risk with
absolutely no liability on the part of gauk Networks whatsoever.
FREE NEWSLETTER
Dear GAUK,
