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Webcast Terms & Conditions
The provision of the Webcast Service by us to Webcast Users and your use of the Webcast Service are governed by our general Conditions of Sale by Auction document, incorporating these additional Webcast Terms & Conditions specific to Webcast Users and the relevant Schedule for a particular Auction. Terms defined in the Conditions of Sale by Auction document shall have the same meaning in these Webcast Terms & Conditions. A "Webcast User" or "you" is someone who registers or has registered to use the Webcast Service and be a potential Buyer for an Auction. The "Webcast Service" is the provision of a webcast facility for someone wishing to take part through or via a website in an Auction managed by us. "The Website" is any website managed by us from which Webcast Users can use the Webcast Service. "We" "us" means Wyles Hardy & Co Limited, a company which is registered in England with registered number 2598566 and whose registered office is at Epworth House, 25 City Road, London, EC1Y 1AR.

These Webcast Terms & Conditions incorporate the Website Terms of Use To the extent there is any inconsistency between this document and the Website Terms of Use, then the provisions of this document shall prevail.

Your registration for and use of the Webcast Service signify that you understand and agree to the following:

  1. You agree to the Conditions of Sale by Auction, incorporating these Webcast Terms & Conditions and the relevant Schedule and have fully understood the same. If you do not agree to the Conditions of Sale by Auction or any document incorporated in it, then you must not access or use the Webcast Service or the Website.
  2. We reserve the right to change or add to at our sole discretion and without notice the Conditions of Sale by Auction (including these Webcast Terms & Conditions) and any terms applying to a specific Auction. You are responsible for making timely reviews of all terms relevant to a particular Auction including the documents forming part of the Conditions of Sale by Auction by asking us for the latest terms. Your continued use of the Website or the Webcast Service after changes take effect constitutes your acceptance of the amended terms.
  3. Instructions on how to bid using the Webcast Service can be found on the Website from time to time or by contacting us by e-mail at auctions@wyleshardy.com or by telephone on +44 (0)1452 556226 (Select Option 4).
  4. You are responsible for obtaining all relevant hardware, software, telecommunications equipment, any equipment, materials and service to enable you to use the Webcast Service. In particular, you may need to obtain a licence to use software as directed on the Website. Such licence is conditional on you agreeing to the relevant software licence terms.
  5. The Website and Webcast Service are provided solely for use by persons able to legally take part. In addition, persons under the age of 18 will require a parent or legal guardian to register, place a bid and complete a purchase.
  6. We may impose any conditions on registration including without limitation as to proof of identity.
  7. We reserve the right to refuse to accept a registration or application to register and to cancel, at any time, any recorded registration of any Webcast User or potential Webcast User.
  8. You shall not use the Website or the Webcast Service in any way which in any respect:

    1. is in breach of any statute, regulation or byelaw of any applicable jurisdiction;
    2. is fraudulent, criminal or unlawful;
    3. involves the forgery of any documentation;
    4. involves collusion with any other bidder;
    5. involves your disguising in any manner your identification. You must provide full and accurate information about yourself and continue to do so while you are registered as a Webcast User;
    6. involves stalking, harassing, threatening or menacing behaviour in any way;
    7. may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
    8. may be contrary to our interests;
    9. involves an attempt to gain unauthorised access to any other systems in whatever form; or
    10. involves your use, delivery or transmission of any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

  9. If you are asked for details of a payment card, you must be the card holder authorised by the card issuer and fully entitled to use that card. The card must have sufficient funds to cover the proposed payment to us or the Vendor.
  10. By registering as a Webcast User and placing any bid, you agree that you have full ability and resources to close out the relevant transaction in accordance with the Conditions of Sale by Auction (incorporating the relevant Schedule and other applicable terms for the Auction).
  11. You are solely responsible with regard to any applicable taxes applicable to your purchase or attempted purchase.
  12. You shall not impersonate any other person or body or misrepresent a relationship with any person or body or adopt a false identity if the purpose of doing so is to deceive or defraud others.
  13. You must not interfere with or disrupt in any way the Webcast Service or the Website or another person's use of the Website or the Webcast Service or otherwise act in a way that negatively affects another person's use of the Website or the Webcast Service.
  14. You may need to use a paddle number, user name and password to be able to use the Webcast Service or for access to restricted areas of the Website. We may change what is available in any restricted areas of the Website from time to time without notice.
  15. You must at all times keep your paddle number, user name and password strictly confidential and secure.
  16. You must not choose a password which can be readily guessed.
  17. You must not disclose or allow others to have access to your paddle number, user name or password without our prior permission.
  18. If you think you may have lost or allowed a third party to see or use your paddle number, user name or password, you must inform us immediately.
  19. You shall be responsible for all use of the Website or the Webcast Service or Auction bids made under your paddle number, user name or password.
  20. We reserve the right in our sole discretion to reject any request by you for a particular user name or password.
  21. We may require that your paddle number, user name or password are changed.
  22. When you supply any personal information, you shall be deemed to have accepted the terms of our Privacy Policy. Your use of particular elements of the Webcast Service may also be subject to additional terms, which you must comply with. Any failure by you to comply with all terms in full will amount to a breach by you of the Terms and Conditions of Sale by Auction.
  23. We shall keep a copy of these Terms and Conditions of Sale by Auction and the documents referred to in it, but you are advised to store a copy of them yourself.
  24. If you become aware of anything done by anyone which appears to be in breach of these Webcast Terms & Conditions or any other terms or rules which apply to an Auction, please inform us by contacting us by e-mail at auctions@wyleshardy.com or by telephone on +44 (0)1442 832234.
  25. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of these Webcast Terms & Conditions.
  26. You acknowledge and agree that we may temporarily or permanently make any changes, suspend, postpone or withdraw the Webcast Service or Website to or from you personally or all Webcast Users for any reason at any time without notice or liability to you or any Webcast User. We may also impose restrictions on the length and manner of usage of any part of the Website or Webcast Service for any reason at any time and without notice.
  27. Without affecting our other rights or remedies, we may restrict or terminate your right to use any or all of the Website or the Webcast Service or participate in any Auction if we have reasonable grounds to suspect you have breached these Webcast Terms & Conditions or any other terms or rules which apply to an Auction.
  28. If we impose restrictions on you personally, you must not attempt to use the Website, the Webcast Service or participate in an Auction under any other name or through another user.
  29. YOU AGREE THAT THE WEBCAST SERVICE IS ONLY ONE WAY IN WHICH YOU CAN PARTICIPATE AT THE AUCTION. YOU MAY BE ABLE TO TAKE PART IN THE AUCTION IN PERSON YOURSELF OR THROUGH SOMEONE ELSE BIDDING IN PERSON ON YOUR BEHALF. WE SHALL NOT BE LIABLE FOR ANY DELAY TO, PROBLEM WITH OR FAILURE OF THE WEBCAST SERVICE CAUSED BY TELECOMMUNICATIONS OR SOFTWARE PROBLEMS, WEBSITE DOWNTIME, CONNECTION PROBLEMS, MECHANICAL BREAKDOWN OR ANY EVENT OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, REGARDLESS OF WHETHER THE EVENT OR CIRCUMSTANCE IN QUESTION COULD HAVE BEEN FORESEEN. YOU ARE ADVISED TO MAKE CONTINGENCY ARRANGEMENTS TO TAKE PART IN THE AUCTION IN CASE OF ANY SUCH EVENT OR CIRCUMSTANCE OCCURRING.
  30. ALL ASPECTS OF THE WEBCAST SERVICE AND THE WEBSITE AND ALL PROVISIONS ACCESSED AND UTILISED ARE PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY INCLUDING WITHOUT LIMITATION AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FOR ANY WEBCAST USER'S REQUIREMENTS.
  31. WE MAKE NO WARRANTY EXPRESS OR IMPLIED THAT: (i) YOUR ACCESS TO THE WEBSITE OR THE WEBCAST SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (ii) THE WEBSITE OR THE WEBCAST SERVICE OR ANY SOFTWARE OR EQUIPMENT MADE AVAILABLE AS PART OF THE WEBCAST SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE, SOFTWARE OR EQUIPMENT WHICH YOU MAY USE; OR (iii) THE WEBSITE OR WEBCAST SERVICE IS ERROR FREE OR THAT INFORMATION IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT ACCEPT ANY LIABILITY FOR ANY ERRORS OR OMISSIONS.
  32. IF ANY WEBCAST USER IS DISSATISFIED IN ANYWAY WITH THE WEBCAST SERVICE OR THE WEBSITE, THEY SHOULD DISCONTINUE USAGE OF THE SAME.
  33. WE ACCEPT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE AND FOR ANY FRAUDULENT MISREPRESENTATION MADE BY US. TO THE EXTENT POSSIBLE BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE WEBCAST SERVICE, OR ANYTHING CONTAINED IN IT OR ACCESSIBLE FROM IT, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE WEBSITE, THE WEBCAST SERVICE OR ANY SUCH MATERIAL.
  34. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Website Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
  35. These Webcast Terms & Conditions shall be governed by and construed in accordance with English law and shall be interpreted in the English language. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these Webcast Terms & Conditions. We shall also have the right to bring a claim against you in the jurisdiction in which you are based.

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