Indy.auction: Terms of Use

What's in these terms?

These terms tell you the rules for using Indy.auction www.indy.auction.

Who we are and how to contact us.

By using Indy.Auction you accept these terms.

There are other terms that may apply to you.

We may make changes to these terms.

We may make changes to Indy.auction.

We may suspend or withdraw Indy.auction.

You may delete your account with Indy.auction.

We may transfer this agreement to someone else.

Indy.Auction is for international users.

You must keep your account details safe.

How you may use material on Indy.auction.

Do not rely on information on Indy.auction.

We are not responsible for websites we link to.

User-generated content is not approved by us.

How to complain about or report content.

Our responsibility for loss or damage suffered by you.

How we may use your personal information.

Uploading content to Indy.auction.

Rights you are giving us to use material you upload.

We are not responsible for viruses and you must not introduce them.

Rules about linking to Indy.auction.

Prohibited uses.

Interactive services.

Content standards.

Breach of these terms.

How this contract can be transferred.

Which country's laws apply to any disputes?

Our trade marks are registered.

Policies, procedures, measures and tools.

Glossary.

1. Who we are and how to contact us

www.indy.auction is operated by The Auction Collective Limited. We are registered in England and Wales under company number 11070414 and have our registered office at 10 John Street, London, United Kingdom, WC1N 2EB. Our VAT number is 337 1480 07 We are a limited company.

To contact us, please email support@indy.auction or telephone our customer service line on [+44 (0)20 3816 3767.

If you are using our services from the United States, our services will be provided by our US company and you can contact us via the details below, however our UK company will be responsible for this website.

The Auction Collective LLC with registered office at 2140 South Dupont Hwy, Camden, 19934.

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.

2. By using Indy.auction you accept these terms

Indy.auction is a self-serve auction platform, where independent Sellers and Auction Hosts 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.

By using Indy.auction (in whatever capacity, including when browsing, bidding, registering, selling, or hosting an auction through Indy.auction), you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use Indy.auction in any capacity.

We recommend that you print a copy of these terms for future reference.

3. There are other terms that may apply to you

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

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
Auction Terms and Conditions (for purchasing the use of and selling on Indy.auction): If you are a Seller or an Auction Host you will also be subject to the Indy.auction Terms and Conditions which govern your purchase of the use of Indy.auction as a Seller or Auction Host. These terms will still apply to you as they govern your use of Indy.auction generally, however, the terms of the Indy.auction Terms and Conditions will prevail over these terms of use in the event of a conflict between the Indy.auction Terms and Conditions and these terms. https://www.indy.auction/indy.auction-purchasing-the-right-to-use-and-sell-on-indy.auction
Enterprise Package 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 still apply to you if you have purchased the Enterprise Package as they govern your use of Indy.auction however, the terms of your separate Enterprise Package agreement will prevail over these terms in the event of a conflict between that agreement and these terms.
Seller or Auction Host Terms and Conditions. If you are a Bidder or a Buyer, you will be subject to the terms and conditions provided to you by the Seller or Auction Host, or as made available on each Auction Page and at the registration process for each Auction. You should ensure you read and agree to be bound by any specific terms and conditions made available to you by the Sellers and Auction Hosts concerning the participation in Auctions and the purchase of goods. Bidders and Buyers agree to adhere to any rules for participating in, or purchasing at an Auction. 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.

4. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use Indy.auction, please check these terms to ensure you understand the terms that apply at that time.

5. We may make changes to Indy.auction

We may update and change Indy.auction from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

6. We may suspend or withdraw Indy.auction

Indy.Auction is made available free of charge to Bidders and Buyers but our website and our relevant Terms and Conditions sets out the payment plans for Auction Hosts.

We do not guarantee that Indy.auction, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Indy.auction for business and operational reasons. The reasons we may need to do this include:

Deal with technical problems or make minor technical changes;
Update Indy.Auction to reflect changes in relevant laws and regulatory requirements; or
Make any required changes to Indy.Auction or the auction generally, including updates and improvements.

We make no warranties, statements, or promises that Indy.Auction (or an auction) be uninterrupted or error-free, and we will not be liable for any interruptions or technical issues arising at any time.

We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access Indy.auction through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. You may delete your account with Indy.auction

If you wish to delete your Indy.auction account please contact us at support@indy.auction. When we receive a request we will confirm when deletion can take place and will confirm once completed.

Please note:

we cannot delete accounts associated with an Auction while an Auction is taking place; and
we will assess whether we need to retain any information associated with your account in accordance with our internal procedures, for example, where we need to keep sales or transaction data for legal or accounting purposes.

If you request account deletion, we may in some circumstances need to notify any Users, that you owe obligations to, of your account deletion but we are under no obligation (unless a legal obligation arises) to notify any User in relation to your account deletion.

8. We may transfer these terms to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@theauctioncollective.com.

10. How you may use material on Indy.auction

We are the owner or the licensee of all intellectual property rights in Indy.auction, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Indy.auction for your personal use and you may draw the attention of others within your organisation to content posted on Indy.auction.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Indy.auction must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on Indy.auction for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of Indy.auction in breach of these terms of use, your right to use Indy.auction will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

For more information on intellectual property rights please see our seller terms and conditions at https://www.indy.auction/indy.auction-purchasing-the-right-to-use-and-sell-on-indy.auction.

11. No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Indy.auction or any services provided via, or in relation to, Indy.auction. This includes using (or permitting, authorising or attempting the use of):

Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of Indy.auction or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Indy.auction, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in a permitted territory. A permitted territory is defined as any that is not subject to UK or UN financial sanctions, as governed by the Office of Financial Sanctions Implementation (OFSI). By continuing to access, view or make use of Indy.auction and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of Indy.auction and any related content and services.

12. Do not rely on information on Indy.auction

The content on Indy.auction (including in our help centre) is provided for general information and support only. It is not intended to amount to advice on which you should rely. Similarly, the advisors available under our Pro and Enterprise Packages are available to provide general assistance, guidance and information, their assistance is as such for guidance purposes only and should not be relied upon. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Indy.auction. You assume sole responsibility for sales, Auctions (and any decisions regarding how to host an Auction), bids and purchases made (i) through the use of Indy.auction, (ii) as a result of the information available on Indy.auction or through an Indy.auction advisor, and/or (iii) for any conclusions drawn by you from such use or information.

Although we make reasonable efforts to update the information on Indy.auction, we make no representations, warranties or guarantees, whether express or implied, that the content on Indy.auction is accurate, complete or up to date.

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.

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 made me made and dealt with through the Indy.auction, the contract (or agreement) to purchase those goods is directly between the Buyer and Seller (or if applicable, the Auction Host). We are not party to or responsible for any payments for, or supply of (or delivery of) goods, purchased through or sold at an Auction.

13. We are not responsible for websites we link to

Where Indy.auction contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

14. User-generated content is not approved by us

Indy.auction may include information and materials uploaded by other users of Indy.auction, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on Indy.auction do not represent our views or values.

However, please note that we do undertake identity checks on all Auction Hosts to enable them to organise and host an Auction.

15. How to complain about or report content

If you become aware of any material that could comprise or be connected to assisting suicide, violent threats, child sexual abuse or exploitation, that could comprise terrorist content or be connected to terrorism, or that is otherwise illegal or harmful activity, please contact us immediately on support@theauctioncollective.com

If you wish to complain about any other content, please contact us on support@indy.auction.

We will remove any content where we believe it may contain or comprise the above without delay after we become aware of such content.

16. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in the Indy.auction Terms and Conditions, which can be found at https://www.indy.auction/indy.auction-purchasing-the-right-to-use-and-sell-on-indy.auction.

If you are a business user:

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, will not apply to you.

All warranties, representations, conditions and all other terms of any kind whatsoever express or implied by statute, common law or otherwise 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, we are also able to cancel our contract with you if:

you commit a material breach of these terms 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.

If you are a consumer user:

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, will not apply to you.

17. How we may use your personal information

We will only use your personal information as set out in our https://www.indy.auction/indy.auction-global-privacy-policy.

An Auction Host may also use personal information that you provide to them, which will be collected and used by them in accordance with their own privacy policy.

18. Uploading content to Indy.auction

Whenever you make use of a feature that allows you to upload content to Indy.auction, or to make contact with other users of Indy.auction, you must comply with our content standards.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to Indy.auction will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of Indy.auction a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Indy.auction constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove any posting you make on Indy.auction if, in our opinion, your post does not comply with our content standards set out in this these terms.

If you wish to contact us in relation to content you have uploaded to Indy.auction and that we have taken down, please contact support@indy.auction.

You are solely responsible for securing and backing up your content.

You must not upload any material that:

could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence; or
would promote self-harm, pornographic material, material that encourages or provides instructions for suicide, self-harm or eating disorders, or material depicting or encouraging serious violence or bullying content. Uploading such material would be in breach of the Online Safety Act 2023.

In the event of such a breach, your right to use Indy.auction will cease immediately, and we will remove any content where we believe it may contain or comprise the above without delay after we become aware of such content.

19. Rights you are giving us to use material you upload

When you upload or post content to Indy.auction, you grant us the following rights to use that content:

a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by Indy.auction and across different media including to promote Indy.auction or the service to expire when the user deletes the content from Indy.auction, unless you have agreed we can continue using such content.
a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of Indy.auction to expire when the user deletes the content from Indy.auction, unless you have agreed we can continue using such content.

20. We are not responsible for viruses and you must not introduce them

We do not guarantee that Indy.auction will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access Indy.auction. You should use your own virus protection software.

You must not misuse Indy.auction by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Indy.auction, the server on which Indy.auction is stored or any server, computer or database connected to Indy.auction. You must not attack Indy.auction via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Indy.auction will cease immediately.

21. Rules about linking to Indy.auction

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to Indy.auction in any website that is not owned by you.

Indy.auction must not be framed on any other site, nor may you create a link to any part of Indy.auction other than the home page.

Please note, Indy.auction is separate from our Auction Collective services and website and you must not create a link to the Auction Collective’s website. All terms relating to the Auction Collective are available at www.theauctioncollective.com.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on Indy.auction other than that set out above, please contact support@indy.auction.

22. Prohibited uses

You may not use Indy.auction:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate, promote self-harm, or humiliate any person.
To distribute pornographic material, material that encourages or provides instructions for suicide, self-harm or eating disorders, or material depicting or encouraging serious violence or bullying content.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
In any way that involves child sexual exploitation or abuse.
To upload terrorist content.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of Indy.auction in contravention of the provisions of our terms of use.
Not to access without authority, interfere with, damage or disrupt:
any part of Indy.auction;
any equipment or network on which Indy.auction is stored;
any software used in the provision of Indy.auction; or
any equipment or network or software owned or used by any third party.

23. Interactive services

We may from time to time provide interactive services on Indy.auction, including, without limitation:

Hosting, selling at, and participating in buying at auctions.
Video-sharing facilities.
Chat rooms.
Bulletin boards.
Screen sharing (for support).
Chat support.

(interactive services.)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on Indy.auction, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Indy.auction, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

24. Content standards

These content standards apply to any and all material which you contribute to Indy.auction, including where you are posting information about the goods for sale at an Auction (a “Contribution”), and to any interactive services (including an Auction) associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

The Auction Collective Limited will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

Be accurate (where it states facts and descriptions of goods for sale).
Be genuinely held (where it states opinions, including opinions in respect of the quality of goods for sale).
Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote violence, bullying, or self-harm.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from The Auction Collective Limited, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.
For the avoidance of doubt, for any Contribution in the form of video content:
You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
You must not upload a video containing harmful material.
You must not upload a video containing advertising for any of the following:
- cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
- for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
Any advertising included in a video you upload must not:
- prejudice respect for human dignity;
- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- encourage behaviour prejudicial to health or safety;
- encourage behaviour grossly prejudicial to the protection of the environment;
- cause physical, mental or moral detriment to persons under the age of 18;
- directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
- exploit the trust of such persons in parents, teachers or others; or
- unreasonably show such persons in dangerous situations.
You must use the functionality provided on Indy.auction to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

25. Breach of this these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms upon which you are permitted to use Indy.auction, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use Indy.auction.
Immediate, temporary or permanent removal of any Contribution uploaded by you to Indy.auction.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

26. Our trademarks are registered

Our trademarks are registered trademarks belonging to us. You are not permitted to use our registered trademarks or any other of our intellectual property rights (including any copyright) without our approval, unless you are permitted to use the same under any licence granted to you by us.

27. How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

28. Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland, Northern Ireland, or the United States, you can also bring claims against us in the courts of the country you live in. In the case of you bringing a claim against us in the United States you agree to the exclusive jurisdiction of the Delaware State and Federal Courts. We can claim against you in the courts of the country you live in.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

29. 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 (www.indy.auction), 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”: means https://www.indy.auction/indy.auction-purchasing-the-right-to-use-and-sell-on-indy.auction.
“Auction Terms of Use”: means these terms which set out the rules which apply when using Indy.auction in any capacity.
“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 OF USE

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