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GETONTHEBLOCK.COM GENERAL TERMS AND CONDITIONS OF USE
These Website Standard Terms and Conditions written on this webpage shall manage your use of the www.getontheblock.com website (“Website”). These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Anyone may view, browse and use the Website for information, but bidding is limited to people 18 years old or older.
2. Intellectual Property Rights
Other than the content you own, under these Terms, On The Block and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following, unless given specific consent by On The Block, publishing any Website material in any other media;
Certain areas of this Website may be restricted from access to certain account types and On The Block may further restrict access to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant On The Block a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. On The Block reserves the right to remove any of Your Content from this Website at any time without notice.
5. No Warranties
This Website is provided “as is,” with all faults, and On The Block express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advice.
6. Limitation of Liability
In no event shall On The Block, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. On The Block, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent On The Block from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
On The Block is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The On The Block is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms constitute the entire agreement between On The Block and you in relation to your use of this Website, and supersede all prior agreements and understandings.
12. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Province of Ontario , and you submit to the non-exclusive jurisdiction of the province and federal courts located in Canada for the resolution of any disputes.
STANDARD AUCTION TERMS
1. On The Block Auctions (“The Auctioneer”) presents the Property for sale by auction.
The Auctioneer, as authorized by On The Block Realty, Inc. (“The Agent”) acting for the Seller, presents the Property for sale by auction on behalf of the Seller. An offer to purchase the Property may be made by any registered person (“Bidder”) by making a bid at auction, subject to these Terms.
2. Bidders are bound by these Terms.
By bidding at auction, a Bidder agrees to be bound by these Terms. Any conditions, terms, or specific representations in the Agent provided Schedules of any auction will SUPERCEDE these Terms.
3. Seller’s reserve price
3.1 The Seller’s reserve price (“Reserve Price”) will be as recorded in the Auction Agreement and cannot be changed.
3.2 If the Reserve Price is not reached during an auction, the Auctioneer and/or the Agent reserve the right to negotiate immediately with any interested party to sell the property.
4. Withdrawal of Property.
4.1 The Seller may withdraw the Property from sale at any time before the Property is sold at auction, however this right is foregone if the bidding has already reached or surpassed the Reserve Price.
4.2 The Seller may also accept any offer submitted prior to the start of bidding on the Property. Offers can be submitted through traditional real estate channels at any time before bidding has started. In the event that an offer is submitted prior to the start of bidding, all Interested Parties will be notified and given the opportunity to submit an offer as well.
4.3 "Interested Parties" are defined as those individuals who have specifically contacted On The Block about the listing, or those who have viewed (or scheduled to view) the Property. On The Block will not be responsible to contact any individuals who had an intention to bid but did not express an interest in the property in one of the ways above.
5. Cooling-off Rights.
Except as stipulated in contracts with newly built condominiums purchased at auction directly from the builder, cooling-off rights do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid at the auction (whether in person or through the online platform).
6. Registration of Bidders
6.1 To make a bid in an On The Block auction, a person must be registered with the Auctioneer through the registration process on the auction page at otbauctions.com.
6.2 To be registered with the Auctioneer, the person must satisfy the Agent as to the person's identity through the authorization process. Credit Card authorization and text authentication are two of the methods that may be employed in verifying identity.
6.3 The Auctioneer and/or Seller and/or Agent reserve the right to disallow any agent or representative from bidding on behalf of the prospective purchaser (“Proxy Bidder”). Where a person intends to bid on a property as a proxy or representative of another person, the bid will be accepted as an official bid of the person who has placed the bid unless written authorization has been provided from the intended purchaser.
6.4 A person making a bid must do so by following instructions on the online auction platform and successfully clicking and confirming their bid prior to completion of the auction period.
6.5 Any person making a bid will be identified using the same unique username ID provided at initial registration and will be subject to the same terms as detailed in this document. Any identity of a bidder will not be made public beyond an encrypted version of their username. Only the bids will be visible on the auction site.
7. Bidding at Auction
7.1 If a Proxy Bidder is the successful bidder at auction and the Purchaser is not available to sign the Contract of Sale immediately following the auction, then the Proxy Bidder will be required to sign the Contract of Sale, which will also be a proviso of any authorization to bid previously provided.
7.2 With each bid at auction, a Bidder makes an unconditional bid to purchase the Property which may ultimately become the final and binding purchase price of the Property. This is inclusive of any bid that may be below the Reserve Price.
7.3 The Auctioneer may not make bids on behalf of the Seller under any circumstance. The Seller may also not bid on their own auctioned property.
7.4 The bidding increments during the course of the auction will be provided and publicly visible prior to the start of the auction.
7.5 Any bid deemed to be a phony bid made in attempt to skew the result, or fictitiously inflate the highest bid ("Shill Bid") will be subject to cancellation and/or penalty. The Auctioneer may refuse a bid if of the opinion that it is not in the best interests of the Seller, the most common example being a suspected Shill Bid.
7.6 A bid accepted by the Auctioneer is binding on the Bidder and may not be withdrawn. All bids placed will be publicly visible during the auction on the auction website.
7.7 If there is a dispute concerning bids made at auction (“Dispute”) where the Dispute arises before or after the auction is completed (“Completion”), then the Auctioneer will decide the Dispute in a way that he or she deems appropriate. The decision of the Auctioneer is final and gives rise to no claim by any person against another.
7.8 A person accepted by the Auctioneer as having made the highest bid at or above the Reserve Price will be the Purchaser (“Purchaser”) and that bid will be the purchase price (“Purchase Price”). The Auctioneer will not accept a bid made after Completion.
7.9 The Purchaser, upon being acknowledged by the Auctioneer as the Purchaser must:
7.9.1 immediately complete all necessary details required by the Auctioneer to enter into a contract for the sale and purchase of the Property in the form of contract that is displayed by the Auctioneer on the auction site (“Contract”); and
7.9.2 pay to the Seller’s Agent a deposit equal to the amount disclosed on the auction site and in the specific Auction Terms. This deposit is due with one (1) business day, and payable to the Brokerage as detailed in the auction details. The deposit must be made by bank draft or certified cheque. Personal Cheques will not be accepted.
7.9.3 complete the purchase of the Property in accordance with the terms and conditions contained in the Contract (including but not limited to the Purchase Price, closing date, inclusions/exclusions). No variations to the Contract as written will be permitted unless previously agreed in writing (see 8 below). Electronic signatures are acceptable and in the event the Seller, Purchaser, or both are not available in person, will be used to execute the Contract.
8. Changes to Terms
Where the Seller has agreed in writing to vary these Terms or other conditions, before the Auction, then those variations will apply to that auction only. Any variation will be clearly displayed on the auction site and in the specific Auction Terms. Full auction terms can only be changed prior to the start of an auction.
If any prospective bidder requires clarification or adjustment to the predetermined terms for their individual bid, all questions and/or approvals must be addressed in writing prior to bidding. Any bid placed without such approval is deemed to accept the terms of the Agreement as provided on the auction site with no guarantee of variation.
Every bidder must provide a pre-authorization on a valid credit card for a hold in the amount of up to 0.5% of the starting bid (or other amount, no greater than 0.5% of the starting bid, up to a maximum of $10,000). This is not charged to the card, but held as a preauthorization to ensure that bids made are binding, serious, and without risk of delinquency. In order to register to bid for a specific auction, this preauthorization must be completed. This pre-authorization will be communicated on each auction and may be smaller than 0.5% of the starting bid but will not be higher.
10. Property may be Re-auctioned
10.1 If the Purchaser fails: (a) to pay the deposit; or (b) to execute the Contract (or both) immediately after completion and in accordance with 7.9, then the Purchaser is deemed by the Auctioneer to have breached his or her obligation to complete the purchase of the Property. In the case of such a deemed breach, the Auctioneer is authorized to charge and may charge the Purchaser his or her preauthorized credit card deposit as the penalty.
10.2 Where clause 10.1 applies, the Auctioneer/Agent is authorized by the Seller to terminate the Contract and: (a) re-auction the Property; or (b) to sell the Property through other means.
Notwithstanding clause 10.2, the Seller may sue the Purchaser for damages for any failure to comply with these Terms and/or the Contract. Any such action will fall out of the purview of The Agent and Auctioneer’s service, and On The Block will not be responsible, or held liable for, any such proceedings.
The Auctioneer may hold over the Property and re-offer it for auction at another time on the same day on terms and conditions as the Seller may nominate.
13. Age to Bid
All bidders, and by association, all Purchasers, must be at least 18 years of age.
14. Foreign Ownership Restrictions
The Property may be subject to foreign ownership restrictions. Bidder acknowledges that it is the Bidder's sole responsibility to make any necessary enquiries, including without limitation consulting with legal advisors, prior to bidding to ensure they are legally eligible to purchase the Property.
15.1 The Property is sold "AS IS, WHERE IS" with no warranties of any type expressed or implied as to the merchantability, usability, fitness for a particular purpose, or any matter of whatsoever type or nature. Potential buyers should inspect all properties before placing any bids. Any improvements which may need to be done will be the responsibility of the Purchaser unless otherwise stipulated in the Contract or specific auction terms.
15.2 All information advertised or stated was derived from sources believed to be correct but is not guaranteed, and should be used solely as a guide.
15.3 The Property DOES NOT sell contingent upon post-auction inspection, environmental reports, surveys, use requirements, other property sales and purchases, or any other matter whatsoever, except as explicitly detailed in the purchase documentation.
15.4 The Auctioneer retains the right to place bids on behalf of any registered buyer, in the event it is deemed they are unable to do so themselves, and appropriate authorization is given.
15.5 All Property dimensions are only approximations. Any further surveys or tests desired will be the sole cost and responsibility of the Buyer and are not a contingency of the sale unless otherwise stipulated in the purchase documentation.
15.6 The Property will be sold subject to any easements and building and use restrictions of record, unless otherwise stated.
15.7 The Property will be sold free and clear of all liens of record, unless otherwise stated.
15. Personal Property
No personal property shall be conveyed with the Property unless specifically included in the Contract
16. Posted times online
Posted closing times and displays of the Auctioneer's current time are approximate. It is strongly recommended that bids be placed early to avoid losing out to an ill-timed, last minute bid. Bids placed in the final minutes of an auction will extend the bidding clock allowing a minimum of five minutes for other participants to improve their bid.
The Bidder expressly agrees to indemnify and save the Auctioneer, Agent and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auctioneer., or anyone acting in his/her behalf in connection with or arising out of auction, except that the Purchaser shall not be responsible to the Auctioneer or Agent for damages caused by or resulting from the Auctioneer or Agent’s sole negligence.
18. Additional Purchaser Costs
Unless otherwise stated, in addition to the Bid Price the Purchaser will be responsible for any closing costs customarily charged via legal representation, and any other post auction costs of closing (including but not limited to, real estate taxes and assessments).