Auction Information Manager

Terms & Conditions

This agreement applies to Auction Information Manager – a product of DataKatch International Pty Ltd ATF The KatchALL Trust and you, the subscriber.

“you” - The Subscriber

“DataKatch” - DataKatch International Pty Ltd ATF The KatchALL Trust.

Subscription to Auction Information Manager is exclusively available to Real Estate Agencies, Residential Unit Complexes and Auctioneers.

DataKatch complies with the Australian Privacy Principles. It is a condition of subscription that all subscribers abide by the Australian Privacy Principles.

Online systems are monitored within an internal auditing system and are date-time stamped, together with IP address and account details. Any misuse of services and facilities may lead to civil action or criminal prosecution.

By subscribing Auction Information Manager you agree:

  1. To use the system for the purpose of which it was designed.
  2. That you will not hold DataKatch accountable for the inaccurate input of information by its subscribers. It is also understood that technical failure can cause errors and the subscriber does not hold DataKatch responsible for same.
  3. To only use DataKatch documentation or branding whilst you are a financial subscriber.
  4. To keep all logins, passwords, or other Identifiers, confidential and secure.
  5. To indemnify DataKatch for any loss suffered, or liability incurred, due to any information that is not accurate, up to date or complete, or is otherwise misleading.
  6. Not to misuse the system, including but not limited to providing passwords to non-subscribers, using another user's password to gain access and attempts to violate security measures.
  7. That DataKatch will not issue any refund in relation to subscription. This policy does not exclude a person’s right under Australian consumer law.
  8. That you will adhere to the Competition and Consumer Act 2010, and the Federal Privacy Act.
  9. The inclusion of advertisements, pointers and hyper links to other web sites operated by third parties are not under the control or the responsibility of DataKatch. A display of advertising does not imply an endorsement or recommendation by DataKatch.
  10. That subscription is on an individual office basis. Any company, organisation or partnership with multiple offices, must have their own separate subscription. Multi-site subscription is available at a reduced price.
  11. That it is a minimum 12 month subscription.
  12. Whilst these Terms & Conditions have been developed for subscribers, DataKatch reserves the right to change these Terms & Conditions at any time it deems necessary, or as required by law. In the event that the Terms & Conditions may alter, DataKatch will take reasonable steps to advice its subscribers of any changes.
  13. This agreement is governed by the laws of New South Wales and both parties submit to the non-exclusive jurisdiction of the courts of that state.
  14. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website and application is owned, controlled or licensed by or to us, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and competition laws. Except as expressly provided in these Terms of Use, no part of the website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, communicated to the public or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. All rights not expressly granted herein are fully reserved by advertisers, our licensors and us. You agree to pay for any and all purchases and services, not to challenge any such charges and to pay for all collections and/or legal fees resulting from any non-payment.
  15. The subscriber agrees that any information stored within Auction Information Manager may be shared with third party companies or entities relating to business dealing with DataKatch.
  16. DataKatch monitors and uses IP addresses to administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information, however this does not exclude DataKatch from using all resources to obtain your personal details for legal purposes. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.
  17. All users agree to adhere to our site terms and conditions as set out in our public website.
  18. All applications for trial to Auction Information Manager is strictly based on approval by DataKatch management. DataKatch management has the right to refuse trail access without needing to supply a reason for such refusal.
  19. Trial access to Auction Information Manager is subject to all the terms and conditions.

Using Our System

Using our System does not give you ownership of any intellectual property rights in our System. You may only use content from information entered by your office. Access to other subscribers information must be reported to DataKatch.
These terms do not grant you the right to use any branding or logos used in our System. Don’t remove, obscure, or alter any legal notices displayed in or along with our System.

In connection with your use of the System, we may send you service announcements, administrative messages, and other information.

Some of our Systems are available on mobile devices. Do not use such Systems in a way that distracts you and prevents you from obeying traffic or safety laws.

Our Warranties and Disclaimers

We provide our System using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our System.

Other than as expressly set out in these terms or additional terms, DataKatch makes no specific promises about the System. For example, we don’t make any commitments about the specific functions of the System, or their reliability, availability, or ability to meet your needs. We provide the System “as is”. To the extent permitted by law, we exclude all warranties.

Liability for our System

When permitted by law, DataKatch, will not be responsible for lost profits, revenues, data, financial losses, indirect, special, consequential and exemplary or punitive damages.

To the extent permitted by law, the total liability of DataKatch, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the System (or, if we choose, to supplying you the System again).

In all cases, DataKatch, will not be liable for any loss or damage that is not reasonably foreseeable.

Business uses of the System

If you are using our System on behalf of a business, that business accepts these terms. It will hold harmless and indemnify DataKatch and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the System or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Refund Policy

You can request a refund within two business days of paying for a subscription on the following conditions:-

  1. You must not have accessed or used the DataKatch service from date of payment.
  2. Your request must be in writing.
  3. DataKatch will contact you via phone or email to confirm either acceptance or denial of your refund request.
  4. Acceptance to issue a refund will be processed within 7 to 14 days from approval.

    This refund policy does not exclude a person’s right under Australian Consumer Law.