Purchasing the Right to Use and Sell on Indy.auction

1. Where to find information about us and Indy.auction.

Indy.auction is a self-serve auction platform, where Sellers and Auction Hosts (see section 11 below) can organise, run and host customised self-serve auctions in order to sell goods to potential buyers (an “Auction”). Indy.auction is owned and operated by us, The Auction Collective Limited.

You can find everything you need to know about us and Indy.auction on our website (www.indy.auction), or from our team, before you subscribe use to Indy.auction and become a seller or an auction host.

Our services are provided by The Auction Collective Group, which includes:

The Auction Collective Limited registered in England and Wales under company number 11070414 with registered office at 10 John Street, London, WC1N 2EB; and
The Auction Collective LLC registered in the United States of America with registered office at 2140 South Dupont Hwy, Camden, 19934.

Generally our services will be provided by our UK company, however If you are using our services from the United States, our services will be provided by our US company.

When we refer to “The Auction Collective”, “we”, “us”, or “our”, we are referring to The Auction Collective Group or the relevant company within our corporate group.

We will also confirm the key information about your subscription to use Indy.auction to you in writing:

Before you subscribe to Indy.auction, or purchase services from us, you will be able to access the services page (www.indy.auction) on our website, which sets out the different services and subscriptions available.
After you subscribe to Indy.auction, or purchase services from us, we will send you an email confirming the services and/or subscription (and any commission or charges payable as part of that subscription) that you have chosen.
In the event that your contract is with an entity other than our UK entity, we will confirm who you are contracting with.

2. These terms may have changed since you last reviewed them.

The current version of our terms will apply when you purchase our services (including any subscriptions) and use Indy.auction, please review these terms each time you make a purchase with us, or update your subscription.

By continuing to use Indy.auction, or any of the services we provide to you, you acknowledge that you shall be bound by these terms and agree to abide by the Indy.auction Terms of Use, details of which can be found at www.indy.auction.

We will update you with any changes to these terms via Indy.auction.

These terms were last updated on 1 April 2024.

When you buy from us you are agreeing that:

Section 4: Our products are a subscription based services product.
Section 5: Any appointed auctioneer will be acting as an agent.
Section 6: We only accept purchases when we've checked them.
Section 7: Sometimes we may need to reject your purchase.
Section 8: The way we will charge you for your purchase will be detailed on our purchase page and will be confirmed in our confirmation email to you.
Section 9: We may charge interest on late payments.
Section 10: We pass on any VAT, including increases in VAT.
Section 11: Everyone who registers with Indy.auction will be bound by these rules.
Section 12: The Bidders and Buyers are customers of the Seller (and/or the Auction Host).
Section 13: The Seller (and/or the Auction Host) will provide Bidders and Buyers with all required information.
Section 14: You will comply with all rules around holding an Auction on Indy.Auction and listing on Indy.Auction.
Section 15: We can create a customised Auction page.
Section 16: Where our services and subscriptions are customisable, they may vary slightly from any pre-build designs or pictures. You are responsible for the accuracy of your specifications.
Section 17: We may charge you if you don't give us information we need.
Section 18: We're not responsible for delays outside our control.
Section 19: Your legal right to change your mind.
Section 20: You can end an on-going contract (find out how).
Section 21: You have rights if there is something wrong with your purchase.
Section 22: We can change products and these terms.
Section 23: We can suspend supply (and you have rights if we do).
Section 24: We can end our contract with you.
Section 25: There are additional or different terms that apply to you if you are a business customer, or trader.
Section 26: When you use and sell on Indy.auction, you will be bound by additional terms, or additional terms will apply.
Section 27: We don't compensate you for all losses caused by us or our products.
Section 28: We use your personal data as set out in our Privacy Policy.
Section 29: You have several options for resolving disputes with us.
Section 30: Other important terms apply to our contract.

4. Our products are a subscription based services product.

The products and services that we sell to you are all set out on our purchase page (www.indy.auction) and are split into different packages, but are each a subscription based service.

This means that your purchase with us will be to use Indy.auction:

to sell to other customers (including consumers); or
to host Auctions so that sellers can use your hosted Auctions to sell to other customers (including consumers).

We may also provide other services or information to assist you with your self-serve Auction. Such other services will depend on what you have requested from us through our purchase page, or through one of our teams.

We will always confirm what you have purchased and the related costs and fees in writing (via email).

5. Any appointed auctioneer will be acting as an agent.

Any appointed auctioneer will be acting as an agent of the Auction Host and/or Seller.

This means that in the event where you purchase a service under which we appoint an auctioneer, the auctioneer will not be liable for any loss, damage or expense caused by the actions of the Auction Host and/or Seller and any final decision made by the auctioneer will be deemed final and cannot be contested.

6. We only accept purchases when we've checked them.

After you make a purchase through our purchase page, we will send you an email confirmation setting our your subscription. You will also receive an email confirmation when you upgrade, or downgrade, any subscription you have with us. Please see our “We can create subdomains of Indy.Auction to provide you with a customised Auction page” section below for more terms relating to our customisable Auction pages.

If you purchase our Enterprise Package, we will contact you separately to discuss your requirements and pricing. Our Enterprise Package has specific terms and conditions which relate to it and you will be given a specific quote and a contract which deals with that package. These terms do not apply to our Enterprise Package, and are not intended to override the provisions of any contract we enter into with you for the supply of our Enterprise Package.

7. Sometimes we may need to reject your purchase.

Sometimes we may need to reject your purchase, for example, because we can't verify the required information that we need from you in order to register you as a Seller or Auction Host, or because we are unable to fulfil your purchase or meet your specific requirements.

When this happens, we let you know as soon as possible and refund any sums you have paid.

8. The way we will charge you for your purchase will be detailed on our purchase page and will be confirmed in our confirmation email to you.

When we take payment will depend on the package and services that you purchase from us, however our payment terms will be set out in the confirmation email you receive from us, and will be explained on our purchase page.

Please be aware that for some of our services (mainly in respect of our Enterprise Package), we will take payment at regular intervals, as explained to you during the order process.

9. We may charge interest on late payments.

If we're unable to collect any payment you owe us, we will be entitled to charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time.

This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.

You will pay us the interest together with any overdue amount.

10. We pass on any VAT, including increases in VAT.

Our fees are generally inclusive of VAT however, any VAT payable in connection with our services that has not been accounted for will be payable by you. For the avoidance of doubt, this includes any VAT that a buyer must pay to you when buying through your auctions.

If the rate of VAT changes between your order date and the date of supply, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

11. Everyone who registers with Indy.auction in order to host, or sell at, an Auction, will be bound by these rules.

When you register for (and use) Indy.auction you will be bound by all of the rules contained within these terms, and any other terms of the documents set out at section 26. This applies regardless of whether:

You are registering to purchase, or use our services (including to use Indy.auction), as a trader or non-trader in order to host one, or multiple, auctions (an “Auction Host”); and
You are registering to purchase, or use our services (including to use Indy.auction), as a trader or non-trader in order to sell at an, or multiple, Auction(s) (a “Seller”).

Where you are registered for the following reasons, you will be bound by the Terms of Use (as linked in section 26), and the Seller’s (or Auction Host’s) specific terms and conditions as set out in section 13 below:

You are registering to use our services (including to use Indy.auction), to participate in and/or bid at Auction(s) (a “Bidder”); and/or
You are registering to use our services (including to use Indy.auction) and have been a Bidder who has successfully purchased goods at Auction(s) (a “Buyer”).

Please make sure you have carefully reviewed section 25 below, to be clear on any other additional terms that may apply to you.

12. The Bidders and Buyers are customers of the Seller (and/or the Auction Host).

Indy.auction is available to you on a subscription basis so that you may sell at and/or host both customised and non-customised auctions.

Whether you are a trader, or using Indy.auction as a non-trader, you will be responsible to the Bidders and Buyers who participate in your auctions, or who purchase goods from you.

You therefore acknowledge, accept and agree that we will not be liable to you (or any Bidder(s)) for any missed, lost, invalid, failed or unsuccessful bid, regardless of the reason for such failure or unsuccessful nature of the bid.

Sellers and/or Auction Hosts are responsible for undertaking appropriate anti-money laundering, identity and proof of funds checks on (as relevant) any Buyers or Bidders who should be subject to such checks in accordance with the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (or any similar, or equivalent regulations or legislation in the countries to which you are selling, or in which you are operating.

We will not be liable for a Seller, or Auction Hosts, failure to undertake the relevant, or appropriate, anti-money laundering, identity and proof of funds checks.

13. The Seller (and/or the Auction Host) will provide Bidders and Buyers with all required information.

As a Seller or an Auction Host, you agree to provide all information to Bidders and Buyers as is required to allow them to determine whether they want to participate in an Auction, and/or purchase any goods. In particular, if you are a trader (or business) you must (and hereby agree to) comply with the applicable Consumer Regulations and E-Commerce Regulations, particularly with regards to what information to present to customers, and when/how to present that information.

We do not verify information on the goods available, and do not undertake extensive due diligence on Sellers and Auction Hosts (outside of the required or necessary anti-money laundering, identity and proof of funds checks). Bidders and Buyers will be bound by the specific terms and conditions provided by the Seller (or Auction Host) and take responsibility for carrying out any required investigations to satisfy themselves of the validity and authenticity of the goods they purchase, or auctions they participate in.

14. You will comply with all rules around holding an Auction on Indy.auction and listing on Indy.auction.

You acknowledge and agree that the following statements apply to users of Indy.auction:

auction is a platform through which Sellers and Auction Hosts can run auctions and sell goods. As such, Indy.auction platform is not an auction house and under these terms, we are solely providing you with the use of the software under your subscription.
We do not own, take title to, or sell any goods or items listed for sale at an Auction or on Indy.auction. Any queries you have in respect of goods or items should be directed to the relevant Auction Host or Seller. We take no responsibility and have no liability for the actions of, or the goods and items listed by, a Seller or an Auction Host.
We do not act for, or on behalf of, any Seller, Auction Host, Bidder or Buyer.
Descriptions of goods available for purchase at an Auction must be made available on the Auction pages by a Seller, or an Auction Host, to prospective Bidders prior to the commencement of an Auction.
We are not responsible, and have not verified any descriptions of goods, and are not liable for any inaccurate information provided by a Seller, or an Auction Host.
Whilst payments and supply of goods may be made and dealt with through the Indy.auction, the contract (or agreement) to purchase those goods is directly between the Buyer and the Seller (or if applicable, the Auction Host). We are not a party to or responsible for any payments for, or supply of (or delivery of) goods, purchase through or sold at an Auction.
Sellers and Auction Hosts will obtain, and maintain, any necessary licences and consents necessary to host an Auction (including where such Auction is a charity Auction), and will comply with all relevant laws, statutes, regulation and codes which are from time to time in force (both in the UK where we are based, and local to the Seller and/or Auction Host where applicable), and applicable to conducting an Auction and selling the goods that the Seller (and/or Auction Host) makes available.
Our auction advisors are available to Auction Hosts, and any Auction Hosts who purchase our Pro Package will have a dedicated auction advisors. However, our auction advisors provide guidance on the best way to run an Auction (for example: which type of ending to use, the lot order, the types of lots, and how to market an Auction) but such information is provided as a guide and Auction Hosts will be solely responsible for the decisions made in respect of their Auctions. We will not be liable for any guidance provided by the auction advisors.
We make no warranties, statements, or promises that Indy.auction will be uninterrupted or error-free.

15. We can customise your Auction page.

As set out on our purchase page (www.indy.auction), we offer a variety of package options within the services that we provide including:

Free: a basic package providing Auction templates options with Indy.auction branding and self-service customer support allowing you to host 1 Auction (with a maximum of 10 lots).
Starter: a basic package providing Auction customisation options, as set out in more detail on our purchase page, with Indy.auction branding and enhanced support (with a chat service) allowing you to host unlimited auctions.
Pro: an enhanced package providing advanced Auction customisation (including a custom Auction set-up, design and bespoke URL, as set out in more detail on our purchase page), with minimal Indy.auction branding (displayed as a web page ‘footer’: “Powered by Indy”), allowing you to host unlimited auctions, on your own subdomain of Indy.auction.
Enterprise: a completely bespoke Auction design with site-side integration and dedicated support. Please note, our Enterprise package will be governed by a separate contract entered into directly between you and us.

Customisation options are set out on our purchase page.

Where you choose to customise your Auction page you acknowledge and agree that we will have no liability for any functionality or aesthetic issues caused by your specifications or instructions.

You will also be able to upload or amend generic terms and conditions and privacy policies which should detail the terms that are applicable between your buyers, bidders and sellers (including provisions in relation to shipping, taxes, and data collection). Any such documents provided on the Auction page for your use with your Buyers and Bidders, are provided by us for convenience only and must be reviewed carefully, assessed and amended by you to suit your Auction and needs, before use.

Such documents are provided in a basic format for educational and informative use, and are not specific to you, your Auction, or your Auction page. You acknowledge and agree that we are not providing you with advice, including but not limited to legal advice, on such document or what should or should not be included in the documentation required between you and any third party. Nothing provided to you should be construed as constituting, or intending to constitute, the provision of legal advice. In particular, we do not and cannot give any advice to you in respect of the suitability of such documents. We encourage you to take your own legal advice.

Where you choose our Pro Package you will be able to customise your Auction page to match your branding and can embed the Auction URL into your existing website.

Should you choose to purchase the Pro option, you acknowledge and agree that whilst the Auction pages give the appearance of looking like your website, and the customer experience is intended appear and function in a way similar to your website, it will be (and will remain at all times) a subdomain of Indy.auction.

Once a subdomain is active, all auctions will be subsequently created with a default setting which enables the Auction to go live without further customisation or set up.

16. Where our services and subscriptions are customisable, they may vary slightly from any pre-build designs or pictures. You are responsible for the accuracy of your specifications.

Where we are creating a customised Auction package, you acknowledge and agree that the pre-build designs, colours, fonts and other customisation options may not exactly match that shown in our marketing.

If we're supplying customised packages to specifications that you provide, you're responsible for making sure those specifications are correct.

You are responsible for ensuring that you are happy with any designs, plans and specifications before any customised Auction or subdomain go live on Indy.auction.

Please contact our Sales Team to discuss your specifications, plans or designs in more detail: enquiries@indy.auction.

17. We may charge you if you don't give us information we need.

We may charge you additional sums if you don't give us information we've asked for about how we can provide you with our services, how we can customise your Auction or subdomain, or if you don't undertake any preparatory work that is required to enable us to undertake our services, and each as agreed with us.

For example, we will not be able to design your auctions or subdomain to your specification if you do not provide us with relevant specifications or approve any designs or plans.

18. We're not responsible for delays outside our control.

If our supply of our services, or your use of the Indy.auction (or our services generally) is delayed by an event outside our control (such as failures of communication systems which fall outside our control), we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: support@indy.auction to end the contract and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred.

19. Your legal right to change your mind.

For most of our services, only if you are a consumer or a non-trader, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we have accepted your purchase or order. Unless you agree otherwise, as below, we will not begin providing services until the end of the cancellation period.
Consent to begin prior to the end of the cancellation period. We will provide you with the option to begin receiving our services before the end of the cancellation period. If you expressly consent to this, you will lose the right to cancel during the cancellation period.
When you can't change your mind. You can't change your mind (i) about digital content once we have started providing it, (ii) about services once they have been completed, (iii) about goods that are made to your specification, (iv) during the cancellation period if you have explicitly consented to the services or digital content being provided before the end of the cancellation period, or (v) if you have chosen a free service.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team: support@indy.auction.
You have to pay for services you received before you change your mind. If you bought a service we don't refund you for the time you were receiving it before you told us you'd changed your mind.
When and how we refund you. If your product is a service, or digital content, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
If you are a trader. These cancellation rights do not apply to you if you are not a consumer. Please see section 25 below for more details.

20. You can end an on-going contract (find out how).

We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we will confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team: support@indy.auction.

21. You have rights if there is something wrong with your

We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.

Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Remember too that you have several options for resolving disputes with us, as set out in section 29 below.

SUMMARY OF YOUR KEY LEGAL RIGHTS

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

· If your digital content is faulty, you're entitled to a repair or a replacement.

· If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

· If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, the Consumer Rights Act 2015 says:

· You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

· If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

· If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

22. We can change products and these terms.

Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements (for example, if we needed to change our identity checks due to changes in the Anti-Money Laundering Regulations);
- to make minor technical adjustments and improvements, for example to address a security threat. These will generally be changes that don't affect your use of Indy.auction; and
- to update digital content (including Indy.auction), provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install any relevant or necessary updates.
Changes we can only make if we give you notice and an option to terminate. We can also make significant changes (beyond what is set out above) to Indy.auction or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team: support@indy.auction to end the contract before the change takes effect.

23. We can suspend supply (and you have rights if we do).

We can suspend the supply. We may suspend the supply of our services; we do this to:
- deal with technical problems or make minor technical changes;
- update Indy.auction to reflect changes in relevant laws and regulatory requirements; or
- make changes as set out in section 22
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 2 weeks in any 1-month period, we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 1 month, you can contact our Customer Service Team: support@indy.auction to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
We can withdraw product We can stop providing an ongoing service or a subscription for digital content or goods (for example, use of Indy.auction). We let you know at least 1 month in advance and we refund any sums you've paid in advance for products which won't be provided.

24. We can end our contract with you.

We can end our contract with you and claim any compensation due to us if:

you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due; or
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide our services, for example, you do not provide us with the necessary specifications, or approve the necessary designs.

25. There are additional or different terms that apply to you if you are a business customer, or trader.

As noted in section 19 above, there are different rules that apply to traders and non-traders.

Non-Traders (also known as, Consumers). You are considered a non-trader (and therefore a consumer) if you are “an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession”.

Consumers do not include companies or limited liability partnerships, but may include sole-traders and partnerships (depending on whether the transaction is outside of their trade, business, craft or profession.

If you are a consumer, you will benefit from the relevant consumer regulations and protections, including the information and protections set out in these terms. The following information in this section 25, will not apply to you.

Traders and Businesses. You are considered a trader or a business if you are a company, or if you are “a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf”.

As a trader or a business, you will not benefit from the consumer regulations and protections unless they are expressly stated to apply in business-to-business contracts.

In particular, the cancellation period and rights as set out in section 19, will not apply to you.

All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms, and are agreement with you.

In addition to our rights to cancel our contract with you, as set out at sections 23 and 24 above, we are also able to cancel our contract with you if:

you commit a material breach of these terms (in particular with reference to sections 11, 12, 13, or 14 above) and (if such breach is remediable) you fail to remedy that breach within a period of 7 days after being notified to do so;
your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of this agreement is in jeopardy; or
you take or have taken against you (other than in relation to a solvent restructuring) any step or action towards your entering bankruptcy, administration, provisional liquidation or any composition or arrangement with your creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or your entering a procedure (in any jurisdiction) with a similar effect to an aforementioned procedure.

26. When you use and sell on Indy.auction, you will be bound by additional terms, or additional terms will apply.

When using Indy.auction, or services generally, in addition to these terms, you will also be bound by:

auction Terms of Use: This sets out the rules which apply when using Indy.auction. https://www.indy.auction/indy.auction-terms-of-use.
auction Privacy Policy: This sets out how we will collect, use and store your personal information, as well as setting out your legal rights in respect of that information. https://www.indy.auction/indy.auction-global-privacy-policy.
Enterprise Package Agreement. If you have purchased an Enterprise Package, we will enter into a separate agreement with you, and that agreement will govern your purchase and use of Indy.auction. These terms will not apply to you if you have purchased the Enterprise Package only.
Seller or Auction Host Terms and Conditions. Bidders or Buyers, will also be subject to the terms and conditions provided to them by the Seller or Auction Host, or as made available on the [Auction Page]. Those terms will be strictly between the Seller and/or Auction Host and the Buyer and/or Bidder, and we will not be a party to, or liable under, those separate terms and conditions.

27. We don't compensate you for all losses caused by us or our products.

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in section 18
Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
As a Trader: A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited. If you're a business, then, except in respect of the losses described below under losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, punitive or any indirect or consequential loss arising under or in connection with any contract between us including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill and loss of data and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under these terms/this contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
defective products under the Consumer Protection Act 1987; or
any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

28. We use your personal data as set out in our Privacy

How we use any personal data you give us is set out in our Privacy Policy, a link to which is set out in Section 26 above.

29. You have several options for resolving disputes with us.

Our complaints policy. Our Customer Service Team: support@indy.auction will do their best to resolve any problems you have with us or our services, or with Indy.auction.
You can go to court. These terms are governed by English law.
- As a consumer/ non-trader: Wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
- As a trader / business: If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

30. Other important terms apply to our contract.

We can transfer our contract with you, so that a different organisation is responsible for supplying the service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

31. Glossary

We have used the following definitions in these terms so that they are easier to understand:

“Auction”: means the self serve auctions organised, run and hosted by sellers or auction hosts
“Auction Host”: means a person or company registered to purchase, or use our services (including to use Indy.auction), as a trader or non-trader in order to host one, or multiple, auctions
“Auction Page”: means the Auction Hosts home page on Indy.auction where you can find current, future or past auctions as hosted by that Auction Host.
“Starter Package”: means our basic package providing Auction customisation options, as set out in more detail on our purchase page, with Indy.auction branding and enhanced support (with a chat service) allowing you to host unlimited auctions.
“Bidder”: means a person or company registered to use our services (including to use Indy.auction), to participate in and/or bid at Auction(s)
“Buyer”: means a person or company registered to use our services (including to use Indy.auction) and have been a Bidder who has successfully purchased goods at Auction(s)
“Enterprise Package”: means our completely bespoke Auction design with site-side integration and dedicated support. Please note, our Enterprise package will be governed by a separate contract entered into directly between you and us.
“Free Package”: means our basic package providing Auction templates options with Indy.auction branding and self-service customer support allowing you to host 1 Auction (with a maximum of 10 lots).
“Pro Package”: means our enhanced package providing advanced Auction customisation (including a custom Auction set-up, design and bespoke URL, as set out in more detail on our purchase page), with minimal Indy.auction branding (displayed as a web page ‘footer’: “Powered by Indy”), allowing you to host unlimited auctions, on your own subdomain of Indy.auction.
“auction Privacy Policy”: means https://www.indy.auction/indy.auction-global-privacy-policy
“Auction Terms and Conditions” or “these terms”: means these terms and conditions which govern your purchase of the use of Indy.auction as a Seller or Auction Host.
“Auction Terms of Use”: means https://www.indy.auction/indy.auction-terms-of-use which sets out the rules which apply when using Indy.auction
“Seller”: means a person or company registered to purchase, or use our services (including to use Indy.auction), as a trader or non-trader in order to sell at an, or multiple, Auction(s).

INDY.AUCTION: TERMS AND CONDITIONS

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