ARTICLE I – DEFINITIONS
Website: the website www.opensourceminerals.com/auctions, which is maintained by Open Source Minerals Ltd, with its registered seat in Maastricht;
User: the one who has registered on the Website or has been given access;
Personal Details: the details provided by the User that are traceable to his or her person, including name/address/city of residence details and e-mail address;
Open Source auctions: Open Source Minerals Ltd and/or its subsidiary/ies or sister company/ies as reported on the Website;
Registration: the registration of User on the Website / via Company Information Form;
Bid: each amount bid by User in the auction for a lot;
Lot: an article, or a number of articles that are auctioned together (under one number);
Auction: the sale of moveable goods organized by Open Source auctions via the internet;
Purchaser: the User to whom the Lot is allocated;
User’s Agreement: the agreement between Open Source auctions and the User;
General Terms and Conditions for the User: these general terms and conditions;
General Terms and Conditions of the Online Auction: the additional, supplementary to or in departure from the General Terms and Conditions for the User, valid terms and conditions for participation in an Auction;
Specific Terms and Conditions of the Online Auction: the additional, supplementary to or in departure from the General Terms and Conditions for the User and the General Terms and Conditions of the Online Auction, valid terms and conditions for participation in a specific Auction, as reported on the Website for the Auction in question;
ARTICLE II – APPLICABILITY
2.1 The General Terms and Conditions for the User are applicable to the relationship between the User on the one hand and Open Source auctions on the other in the use of the Website. In addition, the privacy statement of Open Source auctions obtains. It is the responsibility of the user to consult the privacy statement of Open Source auctions regularly on the Website.
2.2 The applicability of General Terms and Conditions other than the present terms, the Specific and/or the General Terms and Conditions of the Online Auction is excluded.
ARTICLE III – USER’S AGREEMENT
3.1 The User’s Agreement arises through Registration on the Website by filling in the Company Information Form (CIF) and the further regestration for the auctions and places the User in the position to follow the progress of Auctions on the Website, among other things. The User’s Agreement cannot be transferred to another party. In the Company registration and the further registration for the auctions the User provides his personal details to Open Source auctions and from that will receive a username and
password for access to the auctions Website.
3.2 Open Source auctions confirms the Registration by email to the User at the email address submitted by the latter, after which the User has access to the Auction by means of a password. The User is obligated, after gaining access to the Website, to behave decently and not to damage the Website or other users of the Website. The User is liable for all actions that occur on the Website after he has gained access by means of the password.
3.3 The User guarantees the accuracy and completeness of the Personal Details supplied during registration. If the Personal Details change at any time, the User is obligated to inform Open Source auctions of this change.
3.4 Open Source auctions reserves the right to refuse and/or terminate the right to registration unilaterally.
3.5 Open Source auctions enters the personal details acquired by it into administrative records kept for that purpose. Through registration on the Website, the User gives permission for the use and filing of the personal details registered.
3.6 The User is forbidden to duplicate the Website or any part thereof or to make it available (via deeplinks or in any other way) without prior written permission from Open Source auctions.
3.7 Through the company Registration and the further registration for the auctions the User accepts the General Terms and Conditions for the User for every time that the User logs on the Website, regardless of whether he makes any bids.
ARTICLE IV – THE AUCTION
4.1 Open Source auctions reserves the right to cancel an Auction, to terminate an Auction earlier than reported on the Website or to extend one. In case of a technical malfunction of the Website, causing it to be not completely accessible and/or inaccessible to Users, Open Source Minerals ltd has the right to extend the Auction by 48 hours.
4.2 The User states by his Registration that he is familiar with and agrees with the special circumstances of an internet auction and with the technical imperfections that can arise. Open Source auctions denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the Website, unless there has been deliberate or conscious negligence by
Open Source auctions. More particularly, Open Source auctions accepts no liability for any damage whatsoever that arises in any way by or from:
• actions performed by the User that may have been inspired by the information placed on the Website;
• the impossibility of using the Website (completely) and/or another malfunction in the Website or the supporting system;
• the Lots not meeting the specifications as reported on the Website;
• the fact that the information on the Website is incorrect, incomplete or out of date;
• errors in the software of the Website and/or the supporting system;
• the unlawful use of systems, including the Website of Open Source Minerals ltd, by a third party.
ARTICLE V – SECURITY
5.1 Open Source auctions strives, in accordance with the requirements of reasonableness, to secure its systems against loss of data and/or against any form of unlawful use and implements the appropriate technical and organizational measures, whereby account is taken of the status of the technology, among other things.
5.2 However, Open Source auctions is not liable for loss of data, damage to files, unlawful access to computers or files, viruses spread via the Website or other unlawful programmes or files or any other consequence of the use that is made of the Website.
5.3 The Website can contain links to other websites. Open Source auctions has no authority over such sites and is not liable for the content of those sites.
ARTICLE VI – DISCRIPTION OF LOTS
6.1 Open Source auctions and (if applicable) the one who has commissioned the auctioning of the Lot strive for all possible accuracy and clarity in the description of a Lot on the Website, in auction catalogues, other auction brochures, advertisements and similar documents, without accepting any liability for damage arising from inaccurate or incomplete descriptions or any other damage.
6.2 Unless explicitly stated otherwise in the Specific Terms and Conditions of the Online Auction, lines, cables and/or other connections for energy, control or production that are situated on or in a Lot are sold only to the first valve, fitting or attached identifying mark. Underground or built-in connections are never part of the Lot, unless explicitly stated otherwise in the Specific Terms and Conditions of the Online Auction.
ARTICLE VII – LIABILITY
7.1 The liability of Open Source auctions, if and insofar as the other remaining stipulations of the General Terms and Conditions for the User and (if applicable) of the General and Specific Terms and Conditions of the Online Auction are applied, will still be limited to the amount to which the liability insurance of Open Source auctions accords Open Source auctions in the instance in question, increased by the amount of
excess according to the policy in question, or, if it is less, to the invoiced amount that is involved in the commission. This limitation does not apply in the event of deliberate or gross negligence by Open Source auctions.
7.2 Open Source auctions is not liable for indirect or consequential loss. Further, all liability of Open Source auctions in connection with any defect in the Lot(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.
7.3 In consulting with third parties, Open Source auctions will take the necessary caution into consideration. Open Source auctions is also not liable for possible shortcomings of these third parties.
ARTICLE VIII – ADJUSTMENTS; EFFECT
8.1 If and insofar as any stipulation of the General Terms and Conditions for the User is null and void or is nullified, the remaining stipulations of the General Terms and Conditions for the User will remain undiminished in force. Open Source auctions will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.
8.2 In addition to these General Terms and Conditions for the User, Open Source auctions can declare the General Terms and Conditions and Specific Terms and Conditions of the Online Auction to be applicable.
This needs to be confirmed by the User before the Auction. In the event of contradiction, that which is stipulated in the General or Specific Terms and Conditions of the Online Auction will be given preference above that which is stipulated in the present General Terms and Conditions for the User.
8.3 Departures from these General Terms and Conditions for the User can occur solely insofar as this is fixed in writing by an authorized representative of Open Source auctions.
8.4 Open Source auctions reserves the right to amend these General Terms and Conditions for the User. Amendments will take effect 24 hours after they have been announced to the User by email.
ARTICLE IX – APPLICABLE LAW
9.1 Dutch law is applicable to these General Terms and Conditions for the User and to the legal relationships that are associated with the Auction.
9.2 The Dutch text of the General Terms and Conditions for the User is the original text. In the event that the General Terms and Conditions for the User are used in several languages, the Dutch text will therefore be given preference in case of lack of clarity or contradictions.
9.3 The District Court Maastricht is authorized (subject to the possibility of appeal and to laws that state otherwise) to decide in differences arising from the General Terms and Conditions for the User, to the exclusion of every other instance.
Do you have any questions about the General Terms and Conditions for
Opensourceminerals.com/auctions? Please contact us.
