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2014 Wheels Deals Auction
OFFICIAL RULES and CONDITIONS of SALE
1. By participating in the 2014 Wheels Auction (the “Auction”) through the website at
www.starauctions.ca (the “Website”), you acknowledge that you have read, understand and
accept these Official Rules and Conditions of Sale of the Auction. Please note that all
transactions conducted through the Auction or the Website are governed by the Official Rules
and Conditions of Sale herein. The Official Rules and Conditions of Sale also form a legal
agreement between the buyer, being a bidder who has bid the highest price for an item and
otherwise met any reserve price thresholds, (“Buyer”) and the seller, the vendor of an item
(“Seller”). The Sellers are the sole vendors of items in the Auction. The Auction is
administered by Toronto Star Newspapers Limited (“Toronto Star”). At no time is Toronto
Star a Seller of any item in the Auction (unless specifically indicated) and the Website is
merely a venue for Sellers to offer items for sale by online auction.
2. The Auction is open to persons 18 years of age or over who are residents of Ontario.
Employees and representatives of Sellers participating in the Auction, their immediate
families and those with whom such employees and representatives are domiciled may bid, but
not on items that are provided by the Seller with which they are associated. You must first
register with the Website before you can bid. Upon registration, a user will receive a user ID
and password. Each member is entirely responsible for maintaining the confidentiality of his
or her user ID and password. Furthermore, members are entirely responsible for any and all
activities which occur under his or her user ID and password. A member must immediately
notify Toronto Star of any unauthorized use of his or her user ID and password.
3. The Auction commences Thursday, October 9, 2014 at 9:00 a.m. Eastern Standard Time
(“EST”) and concludes on Wednesday, October 15, 2014 at 4:00 p.m. Eastern Standard Time
(“EST”) (the “Auction Period”), subject to any extension in the event the auto bid extend
feature on the Website is activated. The auto bid extend feature works to ensure that bidders
will always have a chance to challenge bids placed when an auction is about to close. When
indicated on a listing page, if a bid is placed during the last five (5) minutes of an auction, the
auction will be automatically extended for an additional five (5) minutes from the time of the
latest bid. The auction will close once all bidding activity has stopped for a period of five (5)
minutes.
4. Each bidder will be required to provide a valid credit card (Visa, MasterCard or
American Express only) prior to placing any bid on an Auction item on the Website. No
amount will actually be charged to the credit card during the bidding process.
5. All items to be offered for sale in the Auction and a detailed description of each item will
be posted on the Website. Only registered motor vehicle dealers will be permitted to sell
vehicles in the Auction. Toronto Star is not responsible for the accuracy of the descriptions
of the items or the services presented by the Sellers. Nor does Toronto Star accept
responsibility for, and expressly denies liability of, any warranty or description stated therein.
Statements made by Sellers are not to be construed as co-joined by Toronto Star in any
implicit or explicit approval, sponsorship, endorsement or guarantee. The Sellers expressly
assume all risk and liability arising from the offer for sale, the actual sale and the delivery.
6. The Auction employs a proxy bidding system operated by Toronto Star’s computer
system (the "Computer System") administered by employees of Toronto Star (the “Auction
Committee”). Through the proxy bidding process, you tell the Auction Committee the
maximum amount you are willing to bid for an item (your “Maximum Secret SmartBid”).
Only you and the Auction Committee know your Maximum Secret SmartBid. If you are the
highest bidder for any given item at the end of the Auction Period, you will be required to pay
HST, and any other applicable taxes or fees required to be collected and remitted by the
Seller pursuant to applicable law in addition to the amount you bid, plus any administration
fees or other charges to the Seller as listed in the description of the item. With respect to
motor vehicles, your Drive Clean certificate (if required) is also extra, unless otherwise stated
in the item description. In accordance with government regulations, administrative, freight,
PDI, green levies and transfer fees are subject to any applicable taxes based on the full
Manufacturer’s Suggested Retail Price of the vehicle and not on the amount of the successful
bid price.
The Computer System enters your bid into the Computer System. The Computer System then
PLACES BIDS ON YOUR BEHALF at the LOWEST LEVEL POSSIBLE to make you the
high bidder for the item. For example, if someone outbids you, the Computer System will
automatically place a bid on your behalf that is higher than your previous bid by:
(1) $100.00 for the purpose of this auction.
The Computer System will continue to process bids in this fashion unless/until one of three
things happens:
(1) No other bids are higher than yours;
(2) Your Maximum Secret SmartBid is reached; or
(3) You are declared the successful bidder at the end of the Auction Period.
In the event that another bidder exceeds your Maximum Secret SmartBid, you will have to
submit another bid with a higher maximum in order to continue your participation in the
Auction. You can determine your bid standing and whether your Maximum Secret SmartBid
has been exceeded by monitoring your status on the Website.
For most items, the Seller will set and the Auction Committee will show online on the
Website the lowest permissible opening bid (the “Opening Bid Amount”) for each item. In
the event that your Maximum Secret SmartBid is the first to equal or exceed the Opening Bid
Amount, the Computer System will automatically adjust your opening bid to the Opening Bid
Amount. In the event that there are no bids for an item equal to or greater than the Opening
Bid Amount when the Auction ends, the item will not be sold. The Opening Bid Amounts
will be rounded off to the nearest whole dollar. The Opening Bid Amounts have been set by
the seller. The Opening Bid Amounts are fixed values that have been set by the Sellers and
will not be altered after bidding is under way.
The starting price status update may indicate one of two values:
(1) NOT YET MET: The value of the current high bid is less than the Opening
Bid Amount; or
(2) MET: The value of the current high bid is at least the Opening Bid Amount.
The item will be sold to the highest bidder at Auction Close.
This proxy procedure relieves you of the hassle of submitting new bids whenever you are
outbid and of constantly monitoring the Auction. It also applies to items which are being sold
with a reserve price (“Reserve Price”). The Seller has the option of setting a Reserve Price,
which is a price below which the item will not sell. The Reserve Price is higher than the
opening value. An item sold with a Reserve Price allows the Seller to start the auction of an
item with an opening value below the Reserve Price to initiate bidder interest. If the Seller
has set a Reserve Price, you will see either a “Reserve Price NOT Met” or “Reserve Price
Met” message on the listing page depending on whether the current bid is below, at or above
this price.
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Reserve Price NOT Met – means that the current amount of the highest bid is below
the reserve price and the item will not sell by the close of the Auction.
Reserve Price Met – means that the current amount of the highest bid is equal to or
greater than the Reserve Price and the item will be sold.
Note: The Maximum Secret SmartBid that you submit may not necessarily be the price you
pay if you are the successful bidder – you may pay less, but never more. Choose your
maximum carefully, as you will be legally required to pay that price (plus any applicable
taxes, fees and additional charges) if it is the final highest bid. The advantage of the
Maximum Secret SmartBid system is that the system will bid on your behalf, all the way up
to your Maximum Secret SmartBid price if necessary. Once the lowest successful bid price
rises above your Maximum Secret Smartbid Price, you are out of the running for the items
offered and will be required to go back into the system to raise your Maximum Secret
SmartBid if you still choose to continue bidding on the item(s).
7. All bid amounts must be in Canadian dollars. Bid increments are $100, or higher.
8. Bidding is internet only and done exclusively through the Website at
www.starauctions.ca. Bidding on-line is as easy as…
a) Review and accept the Official Rules and Conditions of Sale for the Auction;
b) Select the item you want to bid on;
c) Ensure that you know and understand all details and financing related to the
item(s) prior to bidding;
d) Click on “Bid On This Item”;
e) If you are a First Time Bidder, click on “Register” (where you must enter your
real name, telephone number, address, age category, place of residence and credit
card information);
f) Follow on-screen instructions;
g) Click “Submit”;
h) You now have a user name and password and won’t have to put in your personal
information again. You can just get right to bidding!
i) Now enter your Maximum Secret SmartBid on your chosen item; and
j) Click “Submit”.
Be sure you know your Maximum Secret SmartBid prior to submission. If you submit a
Maximum Secret SmartBid against yourself, both bids will be considered valid regardless
of the fact that you submitted both bids.
9. The Computer System will administer the proxy bidding process based on the Maximum
Secret SmartBids, Opening Bid Amounts, starting prices and incremental bidding amounts,
and determine the highest bid for each item.
10. In order to allow bidders to monitor high bids on each item on the Website, a bidder
identification code will be associated with each published bid.
11. In the event that the highest bidders for an item are tied during the Auction Period, all
bids will be valid and considered tied. However, if a tie occurs at the close of the Auction,
the first Maximum Secret SmartBid received for that item will take precedence.
12. In the event of a dispute between bidders or in the event of doubt as to the validity of any
bid, the Auction Committee will have the final discretion to determine the successful bidder.
13. If you are the highest bidder and otherwise meet any Reserve Price thresholds, you are
obligated to complete the transaction with the Seller and to pay the price you bid for the item,
together with all applicable taxes, shipping fees and any other fees associated with the item.
The acceptable mode of payment shall be at the sole discretion of the seller. The Sellers set
the shipping charges and terms of shipping. Toronto Star bears no responsibility for late, lost,
misdirected or undelivered items or items which are damaged before, during or after
shipping.
You should also know that bidding on an item is an irrevocable offer to buy the item at the
price bid and your confirmed price can only be retracted if you have submitted your formal
bid retraction request to our customer service not less than 24 hours before the Auction
closes and only under one or more of the following circumstances:
- You made a typographical error when placing a bid amount.
- New item information added by the Seller during the Auction changed your understanding
of the item for which your bid was placed.
- You cannot reach the Seller via email or your question to the Seller is returned as
undeliverable or the Seller responds with a request to sell to you directly offline.
Please see our FAQS for an explanation of how to retract a confirmed bid.
You cannot retract a bid if:
- You have placed bids on a similar item.
- You have placed a bid on a Dutch Auction (please see FAQs for an explanation of a Dutch
Auction).
- You have changed your mind.
- You state that you cannot pay for the item.
- You submit a bid retraction less than 24 hours before the close of the Auction.
14. At the close of the Auction, Buyers will be notified by email by the Auction Committee.
If a Buyer cannot be contacted by telephone or email within two (2) days of contact first
being initiated by the Auction Committee, Toronto Star reserves the right to disqualify that
Buyer (who shall have no further recourse) and deem the next highest bidder to be the Buyer.
15. The Auction Committee will provide the Seller with the Buyer’s contact information so
that the Seller may contact the Buyer to complete the transaction. The Buyer shall, within
five (5) business days from the time the Buyer is contacted by the Auction Committee, meet
with the Seller, sign the Agreement of Purchase and Sale furnished by the Seller, and pay the
total purchase price to Seller or commit to pay the total purchase price to Seller through preapproved financing arrangements. If the Buyer fails to meet with the Seller, sign the
Agreement of Purchase and Sale, and pay the total purchase price as contemplated herein,
within the required five (5) business days, the Seller and the Auction Committee reserve the
right to disqualify that Buyer (who shall have no further recourse). The Auction Committee
may then deem the next highest bidder to be the Buyer.
16. In each case, the Buyer may be required to sign a standard waiver/product release form
releasing Toronto Star and its parent, subsidiaries, affiliates and related companies,
employees, directors, officers, agents and assigns from and against all actions, causes of
action, claims, demands, liabilities and damages whatsoever, including legal fees and
expenses, including but not limited to claims based on negligence, breach of contract and
fundamental breach and liability for physical injury, death or property damage which the
Buyer or any of his/her administrators, heirs, successors or assigns might have or could have,
by reason of or arising out of the Buyer’s participation in the Auction or in connection with
the receipt and/or use of the item. This waiver/product release form must be signed prior to
closing the transaction and receiving any certificate of purchase. Upon receipt by the Auction
Committee of the waiver/product release form, the Auction Committee will issue a certificate
of purchase. The Auction Committee will not issue merchandise receipts. Toronto Star is not
the seller of any items and is not responsible in any manner for the items or the conduct of the
Seller.
17. If the Buyer fails to comply with all conditions of sale, including the obligation to make
full payment of the total purchase price within the time limits and terms set out herein, in
addition to all other remedies available to the Toronto Star and the Seller, the Seller may
cancel the sale and re-offer the item or sell it privately and hold the Buyer liable for any costs
or losses associated therewith.
18. It is the Seller’s and the Buyer’s responsibility to obtain any applicable or necessary
licences, registrations, or any other form of approval for the items sold and to pay any fees
associated therewith.
19. All delivery or pick-up arrangements, if applicable, must be made with the Seller and
must be completed within six months of the Auction Close, unless otherwise specified. All
items will be in stock at time of Auction Close and held in reserve for Buyers.
20. Should the Buyer, in his/her discretion, choose to purchase any additional items and/or
services from the Seller, such as an extended warranty or rust-proofing (in the case of motor
vehicles), then the cost of such services shall be in addition to the total purchase price for the
item.
21. All decisions of the Auction Committee are final and binding.
22. Toronto Star is committed to protecting your privacy. Personal information collected
from you in the course of the Auction will be used by Toronto Star or its service providers for
the purposes of administering the Auction or as required or permitted by law. Such personal
information may be disclosed to any Seller whose item(s) you purchase for the purposes of,
completing the sale or may be disclosed as required or permitted by law. You may view
Toronto Star’s privacy code in full on this Website. Toronto Star is not responsible for the
collection, use or disclosure of personal information by Sellers.
23. Toronto Star is not responsible for any bids that are lost, misdirected, incomplete or
illegible, or for failed, partial or garbled computer transmissions, or for technical failures of
any kind including, but not limited to, malfunctioning of any network, hardware or software,
which may limit a bidder’s ability to participate in the Auction. Proof of sending will not be
proof of receipt by Toronto Star. Toronto Star is not responsible for any on-line or other
charges you may incur in connection with participating in the Auction. Toronto Star is not
responsible for the availability or content of any other website to which the Website is linked.
24. Toronto Star is responsible only for the administration of the Auction. Toronto Star has
no involvement in any transaction entered into through the Auction except to the extent that
Toronto Star will permit Seller to advertise the item in the Toronto Star newspaper and will
administer the Auction. The Seller’s price and the Opening Bid Amount and/or the Reserve
Price are set by the Seller. You are welcome and encouraged to view Auction items at the
Sellers’ premises during the Auction Period and to ensure that you are satisfied with price and
quality of the items prior to placing a bid on said items.
25. Since Toronto Star is not the Seller of the items in the Auction, Toronto Star makes no
representations or warranties and there are no conditions of any kind, express or implied,
statutory or otherwise, with respect to the Website, the items offered through the Auction
(including motor vehicles), or any transactions conducted through the auction or the Website,
including without limitation:
a) implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement;
b) any implied warranty arising from course of dealing or usage of trade;
c) any obligation, liability, right, claim or remedy in tort, whether or not arising
from the negligence of Toronto Star; and
d) that the Website will meet your requirements, always be available, accessible,
accurate or secure.
26. Toronto Star and its affiliates will not be liable for any damages of any kind including
without limitation direct, indirect, incidental, punitive and consequential damages arising out
of or in connection with participation in the Auction or use of the Website or any item(s)
purchased or obtained through the Auction or the Website.
27. All content on this Website is the property of Toronto Star. Toronto Star grants a limited
licence to each user of the Website to make personal use only of the Website itself. Any other
use, including the reproduction, modification, distribution, transmission, or display of the
content on the Website is strictly prohibited.
28. Use of any method, mechanism, device, or software affecting the proper functioning of
the Auction or the Website is strictly prohibited. Toronto Star may, in its sole discretion and
without notice, terminate the right of any participant in the Auction or user of the Website to
participate in the Auction or use the Website.
29. Toronto Star reserves the right, in its sole discretion and without notice, to extend,
terminate or modify the Auction and/or Official Rules and Conditions of Sale at any time.
Toronto Star shall not be liable to any user, member, Seller or Buyer, in tort or in contract,
should Toronto Star exercise its right to modify or discontinue this Website or any auction.
30. The Auction is governed by and construed in accordance with the laws of the Province of
Ontario and the laws of Canada applicable therein. By participating in the Auction, you
consent to the exclusive jurisdiction of the courts of Ontario, Canada.
31. You agree to comply with all applicable laws, statutes and regulations regarding
participation in the Auction, use of the Website, and any transactions conducted through the
Auction and the Website.
32. Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF WEBSITE IS
AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS’ AND “AS
AVAILABLE” BASIS. TORONTO STAR EXPRESSLY DISCLAIMS ALL
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BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TORONTO
STAR MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. TORONTO STAR MAKES NO WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE WEBSITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
TORONTO STAR MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. USERS ARE
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OBTAINED BY USER FROM TORONTO STAR OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
33 Limitation of Liability: NEITHER TORONTO STAR NOR TRUITION INC., THE
COMPANY WHICH DESIGNED THE WEBSITE BASED ON TRUITION INC.’S
PROPRIETARY SOFTWARE AND TECHNOLOGY, SHALL IN ANY WAY BE LIABLE
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DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE
WEBSITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
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DATA, INLCUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
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34. Release and Indemnification: You hereby waive, release, forgive, discharge and
relinquish any and all claims that you may have against Toronto Star, Truition Inc.,
their affiliates, subsidiaries, parents, shareholders, directors, officers, employees,
agents and representatives which are connected with, relate to or are incidental to any
transaction. You agree to indemnify and hold Toronto Star, Truition Inc., their
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and representatives harmless from and against any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of your
breach of these terms of use or your violation of any law or the rights of a third party.