Terms and Conditions

This document sets out the standard Terms and Conditions of Click A Brick.

We aim to offer our clients high quality property auctions with a personal service at a fair cost and believe that it would be helpful to you to set out in this statement the basis on which we will provide our professional services to you.

We will:

• EXPLAIN issues which may arise in your matter and the prospects of a successful outcome.
• MAKE SURE that you understand the likely degree of financial risk which you will be taking on.
• KEEP YOU regularly informed of progress or, if there is none, when you are next likely to hear from us.
• DEAL with your queries promptly, for example, we will always try to return your calls on the same day.

• Appointments can be arranged at all times when this is necessary.

• UNLESS OTHERWISE AGREED with you at the start of your matter, our charges will be set out in the Auction Contract.
• We may take into account a number of factors including any need to carry out work outside our normal office hours, the complexity of the issues, the speed at which the action has to be taken, any particular specialist expertise that the Property Transaction may demand, the administration of estates and in matters involving a substantial financial value or benefit to a client, a charge reflecting, for example, the price of the property, the size of the estate, or the value of the financial benefit may be considered. It is not always possible to indicate or predict how these aspects may arise but where a charge reflecting any value element is to be added, we will explain this to you.
• We have no obligation to make sure payments unless you have provided us with the funds for that purpose. We will notify you of the need to incur disbursements as soon as it becomes apparent. You should note that VAT is payable on certain disbursements.
• We will inform you if any unforeseen extra work becomes necessary – for example, due to unexpected difficulties or if your requirements or the circumstances change significantly during the matter.
• Buyers: We will normally send you our Final Bill following the exchange of contracts upon a successful Auction and payment is required immediately as per the Auction Contract. For the avoidance of doubt our fees and disbursements must be paid and cleared immediately upon the successful Auction.
• If such requests for payment are not met with prompt payment and in the unlikely event of any bill or request for payment not being met, we reserve the right to withdraw your offer / bid. Any Click A Brick fees payable as per the Auction Contract will still be payable. In addition, interest will be charged on a daily basis at 4% over Natwest Bank Plc base rate from the date of the bill until the date of payment.

• In some transactions a client may be entitled to payment of costs by a third party. It is important that you understand that the other person may not be required to pay all the charges and expenses.

• After completion, we will keep your file for you in storage for six years. We will keep the file on the understanding that we have your authority to destroy it after the expiry of this period. No charge will be made to you for such storage.
• Please note and for the avoidance of any doubt all file documentation with regards to your transaction will be destroyed after 6 years safe keeping/storage.

We strive to maintain a secure online environment; however, we cannot warrant that our platform will be entirely free from software vulnerabilities or harmful code. It is your responsibility to ensure that your devices, software, and internet access methods are appropriately configured for accessing our site. We strongly recommend the use of up-to-date antivirus software for your protection.

You are strictly prohibited from engaging in any activity that could compromise the security or functionality of our platform. This includes, but is not limited to, the deliberate introduction of viruses, Trojan horses, worms, logic bombs, or any other material that is malicious or technologically damaging. Furthermore, any attempts to gain unauthorised access to our site, its hosting server, or any associated network, computer, or database are forbidden. You must not initiate or participate in denial-of-service or distributed denial-of-service attacks against our site.

Any breach of these security provisions constitutes a serious offence under the prevailing computer misuse legislation. We will not hesitate to report any such violations to the relevant law enforcement agencies and will fully cooperate with them, including disclosing your identity. In the event of any such security breach, your right to use our platform will be immediately terminated.

• The law requires us to obtain satisfactory evidence of identity of clients. This is because In order to comply with the law on money laundering we need to obtain evidence of your identity as soon as possible.
• We may use an electronic ID verification system provided by IDYourClient. This program assists us to verify a person’s identity against various different datasources in line with anti money laundering regulations. When we attempt to verify identity, the process involves us checking the details supplied to us against those held on a number of specific databases. IDYourClient.com has access to information from various agencies and organisations. A record of this process will be kept that may be used to help other companies to verify your identity. A footprint will be logged on your credit file. This is harmless information and will not affect your ability to gain credit. We may also be required to pass on information to organisations involved in fraud prevention to protect ourselves and other clients from theft and fraud.
• If you supply false or inaccurate information and we suspect fraud, we will record this and share this information with other organisations.
• Buyers: You are required to confirm the source of all and any monies being deposited into our account and provide us with the details of that source together with providing your confirmed authority and agreement in order that we can obtain confirmation from the holder of any monies they hold on your behalf and the source.

Our online platform is provided for your use without any initial charge.

However, we do not provide any assurance that our site, or any of the material contained within it, will be continuously accessible or free from any disruptions. Access to our platform is granted on a temporary basis. We reserve the right to modify, suspend, withdraw, or discontinue any part or the entirety of our site at any time, without prior notification. We shall not be held responsible for any inconvenience, loss, or damage arising from the unavailability of our site at any given time or for any duration.

You bear the full responsibility for taking all necessary steps and arrangements to ensure you can access our platform.

Furthermore, you are accountable for ensuring that all individuals who access our site through your internet connection are fully aware of these Terms and Conditions, as well as any other relevant policies, and that they adhere to them accordingly.

We retain full ownership or hold the necessary licenses for all intellectual property rights associated with our platform and the content published on it. This material is protected by copyright laws and international agreements. All rights in this regard are expressly reserved.

You are permitted to print a single copy and download extracts from any page(s) of our site for your personal, non-commercial use. You may also inform colleagues within your organisation about content shared on our platform.

However, you must not alter in any way the physical or digital copies of any materials you have printed or downloaded. Furthermore, you are prohibited from using any images, photographs, video or audio clips, or graphics independently of their accompanying text.

Our authorship (and that of any identified contributors) of the content on our platform must always be clearly acknowledged.

You are strictly forbidden from using any part of the content on our site for commercial gain without first obtaining the appropriate license from us or our licensors.

Should you print, copy, or download any portion of our platform in violation of these terms, your right to use our site will be immediately revoked. At our discretion, you will be required to either return or securely destroy any copies of the materials you have obtained.

• Our aim is to offer all our clients an efficient and effective service at all times. Our clients are of the upmost importance to us. We hope that you will be pleased with the work we do for you, however, should there be any aspect of our service with which you are unhappy, please raise your concern with Adam Kuleszka or Tim Heappey, who will deal with your concern.
• We will aim to communicate with you by such a method as you may reasonably request. We may need to virus-check disks or email. Unless you withdraw consent, we will communicate with others when appropriate by email or fax but we cannot be responsible for the security of correspondence and documentation sent by email or fax.
• The Data Protection Act requires us to advise you that your particulars are held on our database. We may, from time to time, use these details to send you information which we think might be of interest to you.

• We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.

• On occasion we may update our site, we will endeavour to give you notice of this but this may not always be possible. The content may change and new material may be added at any time.

Nothing within these Terms and Conditions shall serve to exclude or restrict our accountability for death or personal injury resulting from our negligence, or for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the laws of England and Wales. To the maximum extent permitted by law, we hereby exclude all conditions, warranties, representations, or other terms, whether express or implied, that may apply to our platform or any content contained therein.

We shall not be liable to any user for any loss or damage, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if such loss or damage was foreseeable, resulting from or in connection with:

• the use of, or the inability to use, our platform; or
• the use of or reliance upon any content displayed on our platform.

If you are using our platform for business purposes, please be aware that we specifically disclaim liability for:

• any loss of profits, sales, business, or revenue;
• any disruption to business operations;
• any loss of anticipated savings;
• any loss of commercial opportunities, goodwill, or reputation; or
• any indirect or consequential loss or damage.

If you are using our platform as a consumer, please note that our site is intended solely for domestic and private use. You agree not to utilise our platform for any commercial or business activities, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of commercial opportunities.

We will not be responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, software, data, or other proprietary assets as a consequence of your use of our platform, the downloading of any content from it, or from any website linked to our platform.

We do not assume any responsibility for the content of external websites linked on our platform. Such links should not be interpreted as an endorsement by us of those linked websites.

We shall not be liable for any loss or damage that may arise from your use of such external sites.

Please be aware that different limitations and exclusions of liability will apply to any liability arising from your use of the online property auction facility, which will be detailed in our separate Terms and Conditions of Sale.

Should you utilise any feature that permits you to upload content to our platform or to interact with other users, you are obligated to adhere to the content guidelines outlined in our Acceptable Use Policy, noted below.

By making such contributions, you guarantee that they comply with these guidelines. You will be held accountable to us and will indemnify us against any losses or damages we incur as a result of your failure to meet this guarantee. If you are a consumer user, this signifies that you will be responsible for any loss or damage we suffer due to your breach of this warranty.

Any content you upload to our platform will be treated as non-confidential and non-proprietary. We reserve the unrestricted right to use, reproduce, distribute, and disclose such content to third parties for any purpose whatsoever.

Furthermore, we retain the right to reveal your identity to any third party asserting that content you have posted or uploaded to our platform infringes upon their intellectual property rights or their right to privacy.

We shall not be held responsible, nor liable to any third party, for the content, accuracy, or legality of any material posted by you or any other user of our platform.

We maintain the right to remove any posting you make on our platform if, in our sole judgment, your post does not comply with the content standards detailed in our Acceptable Use Policy.

The opinions and views expressed by other users on our platform do not reflect our own opinions or values.

You are permitted to access and use our digital environment solely for legitimate purposes. The following activities are strictly prohibited:

• Any usage that contravenes local, national, or international legal statutes or regulations.
• Any activity that is unlawful, deceptive, or intended to achieve an unlawful or deceptive outcome.
• Utilising our platform in any manner that could potentially harm or endanger minors.
• Knowingly transmitting, receiving, uploading, downloading, employing, or re-employing any content that does not adhere to our established Content Standards, which are an integral part of our Website Terms.
• Sending or arranging the dispatch of any unsolicited or unauthorised promotional materials or any similar forms of unwanted communication (spam).
• Knowingly transmitting any data, dispatching, or uploading any content containing viruses, Trojan programs, worms, time-activated destructive

programs, keystroke recording software, spyware, advertising-supported software, or any other harmful programs or analogous computer code designed to negatively impact the functionality of any computer software or hardware.

• Not to reproduce, duplicate, copy, or commercially resell any portion of our digital environment in a manner that violates the stipulations outlined in our Terms of Website Use.
• Not to gain unauthorised entry to, interfere with, damage, or disrupt:
  • Any component of our digital environment.
  • Any hardware or network infrastructure on which our digital environment is hosted.
  • Any software utilised in the provision of our digital environment.
  • Any hardware, network infrastructure, or software owned or operated by any external party.

We may, at our discretion, offer interactive features within our digital environment, including, but not limited to:

Online auctions (“interactive features”). In instances where we provide any interactive feature, we will furnish you with clear information regarding the nature of the service, whether it is moderated, and the type of moderation employed (including whether it is human or automated). We will make reasonable efforts to evaluate potential risks to users (especially children) from external parties when they engage with any interactive feature offered on our digital environment. Based on this assessment, we will determine the appropriateness of moderating the relevant service (including the type of moderation to be used).

However, we are under no obligation to supervise, monitor, or moderate any interactive feature we provide, and we explicitly disclaim any responsibility for loss or damage resulting from a user’s engagement with any interactive feature in violation of our content standards, regardless of whether the service is moderated.

The use of any interactive features by individuals under the age of eighteen (or the applicable age of majority) is contingent upon obtaining consent from their parent or legal guardian. We advise parents who permit their children to use interactive features to emphasise the importance of online safety, as moderation measures may not always be absolute. Minors utilising any interactive feature should be made aware of potential risks.

In cases where we do moderate an interactive feature, we will typically provide you with contact information for the moderator should any concerns or difficulties arise.

Content Standards

These content standards are applicable to all materials you contribute to our digital environment (“contributions”) and to any associated interactive features. You are required to adhere to the underlying principles of these standards in addition to their literal interpretation. These standards apply to each element of any contribution as well as to the contribution as a whole.

Contributions must:

• Present accurate information when stating facts.
• Reflect genuinely held beliefs when expressing opinions.
• Adhere to all relevant laws within the United Kingdom and any other country from which they are posted.

Contributions must not:

• Include any material that constitutes defamation of any individual.
• Include any material that is obscene, offensive, hateful, or incites violence.
• Promote content of a sexually explicit nature.
• Advocate violence.
• Promote discrimination based on characteristics such as race, gender, religion, nationality, disability, sexual preference, or age.
• Violate any copyright, database rights, or trademarks belonging to any other party.
• Be likely to mislead or deceive any individual.
• Be created in violation of any legal obligation owed to a third party, such as contractual or confidentiality obligations.
• Promote any unlawful activity.
• Be threatening, abusive, or infringe upon another’s privacy, or cause annoyance, inconvenience, or unwarranted distress.
• Be likely to harass, upset, embarrass, alarm, or irritate any other individual.
• Be used to impersonate any person or misrepresent your identity or affiliation with any person.
• Create the false impression that they originate from us.
• Encourage, promote, or facilitate any illegal act, including (but not limited to) copyright infringement or unauthorised computer access.

We reserve the right to determine, at our sole discretion, whether a breach of these acceptable usage guidelines has occurred through your use of our digital environment. In the event of such a breach, we may undertake any action we deem appropriate.

Failure to comply with these acceptable usage guidelines constitutes a significant violation of the Terms of Website Use under which you are permitted to access our digital environment and may lead to any or all of the following actions:

• Immediate, temporary, or permanent revocation of your right to access our digital environment.
• Immediate, temporary, or permanent removal of any content or materials uploaded by you to our digital environment.
• Issuance of a formal warning.
• Commencement of legal proceedings against you to recover all costs incurred on a full indemnity basis (including, but not limited to, reasonable administrative and legal expenses) resulting from the breach.
• Further legal remedies.
• Disclosure of relevant information to law enforcement agencies as we reasonably believe necessary.

We disclaim any liability for actions taken in response to violations of these acceptable usage guidelines. The actions outlined in this policy are not exhaustive, and we may pursue any other remedies we reasonably consider appropriate. Modifications to the Acceptable Usage Guidelines

We may revise these acceptable usage guidelines at any time by updating this page. You are expected to review this page periodically to be aware of any modifications, as they are legally binding. Certain provisions within these acceptable usage guidelines may also be superseded by other terms or notices published elsewhere within our digital environment.

Terms and conditions of business

Unless otherwise agreed, these Terms and Conditions of Business shall apply to any future instructions given by you to Click A Brick.