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FOH Auctions (Clubczar Pty Ltd) - Terms & Conditions

The following are the terms of use (“Terms of Use”) for the Website owned by Clubczar Pty Ltd (“FOH Auctions”), the primary purpose of which auction and trade tobacco products. These Terms of Use constitute a binding legal contract between FOH Auctions (“we,” “us,” “our” or “the Company”) and Client (as defined below, “you” or “your”) that governs all use of this Website, including, without limitation,

  1. all content in any medium or format which was created by FOH Auctions or commissioned by FOH Auctions and placed on the Website by or at the direction of FOH Auctions, including but not limited to: text, graphics, images, artwork, photographs, drawings, logos, slogans, service marks, responses to questions from Client, and other materials on a variety of subjects, source code and object code for the Website, information owned by FOH Auctions or its licensors (the “Content”).
  2. each submission by an authorized user of the FOH Auctions Website (“User”), which may include but is not limited to User information, data, questions, customer address, customer financial information, and delivery information, comments and other content and the like, discussion groups, bulletin boards, tools, other forms of group electronic communications through the Website in interactive areas, as well as information maintained by the Client and/or User in the course of providing services to a customer concerning its services provided (the “Submission” or “Submissions”). The Content is made available to you by us and/or third parties (this website and the Content are referred to collectively herein as the “Website”).

Access to and use of this Website is subject to the terms and conditions of these Terms of Use. A User may only use the Website for the internal use and benefit of the Client. Access and use of the Website for any other purpose is strictly prohibited. By using this Website, you certify that Client has authorized your access and use of the Website, and you are registered as a User with FOH Auctions in accordance with the terms and conditions herein. If you are Client’s authorized representative, it is your sole responsibility to identify an administrator who shall identify members of your staff who should be permitted to access and use this Website, or any portion thereof, as Users, and to authorize, monitor, and control access to and use of this Website by your staff members and other Users (if applicable).

We reserve the right to terminate your access if we at any time discover any error or omission in the information that you or Client (if applicable) provide to us, or if you or Client are in breach of the terms hereof.

BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER.

 

There is general access to the public pages of the Website, and there is also access to accounts protected by User ID and Password, obtained by registration. We and/or third-parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions available through the Website. Your User ID, Password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Website.

You are permitted to make Submissions, are responsible for all of your Submissions and, you agree to do so solely for lawful purposes and in compliance with all applicable laws and the terms hereof. You expressly agree that we have no responsibility for or control over the Submissions. We make no representation that your use of the Submissions will comply with applicable laws or that they were designed to comply with the applicable laws. For example, many states regulate advertising and you are responsible for ensuring that your use of the Website, complies with laws applicable to you. You also expressly agree that you will not submit any material that:

  1. is fraudulent, defamatory, libellous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
  2. infringes on the copyright, trademark, trade secret, or any other proprietary right of a third party;
  3. would invade the privacy of any other person;
  4. is intended to advertise to or solicit others without our express permission;
  5. constitutes charity solicitations, chain letters or pyramid schemes;
  6. contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;
  7. does not generally pertain to the designated topic or theme of the Website. You further expressly agree that you will not:
    1. after receiving a warning, continue to submit material which we have advised you not to post;
    2. create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
    3. post, generate or disseminate so-called "spam" or mass-mailings;
    4. harvest or otherwise collect information about others, including email addresses, without their consent;
    5. interfere with or disrupt networks connected to the Website, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks);
    6. attempt to gain unauthorized access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or
    7. interfere with another User’s use and enjoyment of the Website.

We do not and are not responsible for screening or monitoring your Submissions. If notified by one of our Users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that fails to conform to this Agreement, in the sole opinion of FOH Auctions. We reserve the right to edit or delete any material posted on our Website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or non-performance of the screening activities set forth above.

We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the Submissions. We also do not endorse any opinions expressed in Submissions.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUBMISSIONS AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

 

You hereby grant to FOH Auctions and all other persons or entities involved in the operation of this Website and the foregoing accept, the right to receive, transmit, monitor, retrieve, store and use your Submissions, including information which may be privileged and confidential under applicable state and federal laws, in connection with the operation of our Website. You hereby grant to FOH Auctions and we accept a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit as Submissions by all means and, in any media, now known or hereafter developed for any use or purpose.

  1. The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and/or faults.  To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  2. The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  3. The Company reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  4. The Company reserves the right to extend the time frame of the auction by a period to be decided in the unlikely event of a malfunction, disruption or failure of the auction process.

FOH Auctions recognizes that the identity of the addressees where deliveries are made may be confidential information of Client, if such information is treated as confidential by Client. FOH Auctions will not intentionally disclose same to third parties without the prior approval of the Client.

You agree to retain records relative to your use of the Services in accordance with all applicable laws and sound business practices and to allow our access to such records as is reasonably necessary to ensure your compliance with this Agreement and applicable law during normal business hours upon reasonable advance prior notice. We are only a service provider, not a system of record. Therefore, we are not responsible to store or back-up data or other information as otherwise required by law for systems of record. You agree to print and retain any copies of orders you may need for your record-keeping purposes.

If the ownership of all or substantially all of our business changes, or in the event of a merger with another business, we may transfer your information to the new entity so that the service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in the Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party.

Users should be aware that transmissions over the internet to the Website are not secure. The information housed on the system consists of Submissions, and Content. While FOH Auctions does use encryption for credit card transactions, no security is absolute or guaranteed. You agree to take all additional steps necessary to ensure that your Submissions comply with the law and this Agreement. You agree that it is your responsibility not to send any Submissions into the Website which would violate applicable law, including incomplete, inaccurate, false, fraudulent or defamatory information, text, designs about any person, business or the Products.

Purchase of Products is limited to Clients aged 18 and over.  Additionally, all Clients represent and warrant that they are of legal age to purchase and/or possess tobacco products in the jurisdictions in which they are located and to which products are delivered.  We reserve the right to require additional confirmation of age and identification of any purchaser. This may include but not be limited to requiring a faxed legible photo identification showing Client’s age, name, address and photo.  This may include but not be limited to state issued driver’s license or other identification.

All FOH Auctions auctions are listed in US dollars USD ($). The credit/debit card or money transfer or other of each winning lot will be charged in AUD ($) for the winning bid and post-sale cost. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are charged. 

Please refer to our selling guide for our box listing protocol. 

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. 

When using this Website, information will be accessed by you over a medium that is beyond our control and that of our licensors. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website.

You are responsible for ensuring that your use of the Website complies with all laws directly or indirectly applicable to you or Client.

WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR OUR SERVICES.

  1. the Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
  2. Save for the screening and approval of Item Listings, the Company has neither control over, nor involvement in, any items or service advertised on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Sellers.  Specifically, you acknowledge that:
    1. the Company does not own any Items that are being sold on the Website;
    2. the Company is acting as an undisclosed agent for both the Seller and the Buyer;
    3. the Company is not responsible for ensuring that a transaction between a Bidder and a Seller is completed correctly;
    4. the Company will not become involved in any dispute between a Bidder and Seller unless such dispute involves a breach of these Terms and Conditions.
  3. you are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site.
  4. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, the Company makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.
  5. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  6. the Company makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
  7. Whilst every effort has been made to ensure that all descriptions of services available from the Company correspond to the actual services available, the Company is not responsible for any variations from these descriptions.
  8. Whilst the Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  9. when using the site, information will be transmitted over a medium that is beyond the control and jurisdiction of FOH Auctions, its suppliers, and its licensors. Accordingly, FOH Auctions assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the site.
  10. FOH Auctions HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE
  1. To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
  2. Nothing in these terms and conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company
  3. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Australian Unfair Contract Terms Act (2016), in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and the Company.

  1. All notices and/or communications shall be given to us by email to admin@fohauctions.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  2. The Company may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the “Unsubscribe” link which appears in any emails from the Company to you.
  3. If you do unsubscribe from the email list you may miss important information about any changes to the website and its operation
  1. Any and all disputes must be notified to the Company as soon as possible using the contact details set out in Clause 18.a
  2. The intial communication must set out the nature of the dispute in as much detail as is reasonably possible.
  3. The Company will use reasonable endeavours to resolve any and all disputes in the shortest possible time. 

We reserve the right to store your data for book keeping purposes. Which we are legally obliged to do so by the authorities.

  1. Subject to the exceptions in Clause 25 of these Terms and Conditions, all Content included on the Website, unless contained in Item Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, or our affiliates.
  2. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  3. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 25 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by the Company.  Specifically, you agree that:
    1. You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by the Company;
  1. The Intellectual Property Rights subsisting in the Content of Item Listings belong to the Sellers who placed those Item Listings unless it is expressly stated otherwise.
  2. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
  3. The Content described in Clause 25, unless expressly stated to be so, is not covered by any permission granted by Clause 24 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 26 continue to apply.

Material from the Website may be re-used without written permission where any of the exceptions detailed in Designs Act 2003 (Australia) apply.

FOH Auctions, its Website images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of FOH Auctions and may not be used by others without the prior written permission of FOH Auctions. All use thereof inures to the benefit of FOH Auctions. All other trademarks, product names and company names or logos cited in this Website are the property of their respective owners.

This Website may contain links to other websites.  Unless expressly stated, these sites are not under the control of the Company or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://www.fohauctions.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of the Company.  To find out more please contact us by email at admin@fohauctions.com

  1. We reserve the right to mention in any listing our own assessment of the state or condition of the item
  2. The Client/User acknowledges that the Company shall have absolute discretion on the wording of any Item Listing
  3. Nothing in these Terms and Conditions shall grant the Company any rights in or to any trademarks or any other intellectual property rights contained within your Item Listing or any part of it save for the right to display the same on the Website as part of your Item Listing until the Company chooses to remove that Item Listing.
  4. The Client/User acknowledges that the Company may retain copies of any and all communications, information, Content and Item Listings sent to us or submitted to the Website
  1. Payment is due immediately the auction closes. If payment is not made within 72 hours of the auction close, the auction will be closed, and you will be banned under the terms of the user agreement.
  2. Failure to make sure enough funds are available may result in the part payment being taken which may only cover the commission/charges owed by the winning bidder.
  3. If the Client/User defaults under clause 23.b the remaining sum will still be outstanding until the item(s) is/are re-listed and the original winning bidder user account will be suspended without refund
  4. The Bidder /User acknowledges and agrees that FOH Auctions has contracted a third party payment processor “Merchant Warrior” to manage the storage of the bidder/user’s payment details and enable payments as appropriate to processing payments to be debited for items won
  5. The Bidder /User's payment details will be stored in a PCI compliant manner by the “Merchant Warrior” payment gateway and FOH Auctions can process payments and refunds via the third party payment processor. Such third party payment processors are obligated to protect the security and confidentiality of the Bidder/Users information
  6. Cancellations of this agreement will restrict the ability to bid on current or future auctions.
  1. Bidders may bid on any Item at any time during an Auction
  2. It is illegal for you, or a family member, to bid on your own items in an auction. This is known as shill bidding and we have mechanisms in place to detect any occurrence of this.
  3. A bid is an irrevocable offer made by a Bidder to buy the listed Item
  4. If you are the successful Bidder you will have to pay fees in addition to the purchase price. Full details of the fees can be found in the FAQ and Buying Guide. See also clause 23.a for further details
  5. If an incorrect amount has been lodged in error, contact the company as soon as possible. If it does not interfere with the smooth running of the auction the company may consider retracting or reducing the bid to the winning bid amount at that point. Bids cannot otherwise be retracted. The company reserve the right to prevent the bidder from any future participation in FOH Auctions as a result of bid retraction
  6. Once the auction has ended, the winning bid cannot be retracted
  7. Bidders are responsible for ensuring that they have sufficient funds available to cover their bid(s). See also clause 23.b and 23.c.
  8. Bidders are required to conduct their own research and due diligence.  All Items are sold on an “as is” basis
  9. If a Bidder’s bid is the highest bid on an Item at the end of an Auction, and is above the Seller’s reserve price, that bid shall be deemed to have been accepted by the company.  
  10. The company shall be entitled to enforce the provisions of these Terms and Conditions and may pursue legal remedies against any user for non-performance of any of their respective obligations hereunder.
  11. Payment for Items may be made by the following methods;
    1. See section 11
    2. Such other method as we accept from time to time
  12. Legal title in and to items shall transfer to Bidders only upon receipt of all sums due to the company.
  13. The Buyer will cover variations of up to +/-3% of the quoted exchange rate. Any variation greater than +/-3% between the quoted exchange rate and bank sell exchange rate at date of invoice shall be applied to the Buyer’s account resulting in an extra cost in the event of a less favourable rate or a credit in the event of a more favourable rate. The Buyer accepts the bank sell exchange rate applicable at the date of the invoice as notified by the Seller.
  1. The “Starting Bid” is the agreed upon opening bid price for an auction lot. At the start of an Auction, bidders must place a bid at, or higher, than the Starting Bid. Unless otherwise indicated, auction lots will also include a Reserve. A “Reserve” is the minimum purchase price that the Seller is willing to accept for the lot; however, the exact Reserve will not be published.
  2. Until the Reserve is met, the listing will show the message “Reserve not met.” When you bid on a lot with a reserve price, if your maximum bid meets or exceeds the reserve, the current bid will automatically increase to meet that reserve price.
  3. For example, if an auction lot has a reserve of $100, and Bidder A bids $10, then the current bid will stay at $10 and display “Reserve not met.” If Bidder B places a bid on the same lot for $150, the current bid will move up to $100 (the amount of the reserve) and the reserve is met. If nobody else places a bid, Bidder B will win at the price of $100.
  4. If you place a bid on a lot X with a reserve, and your maximum bid is less than the reserve, then your current bid will increase to display your maximum bid.
  5. For Example, Lot X has a reserve of $100 and a starting bid of $50, and a bidder places a bid of $75, then the current bid will move up to $75 Since the reserve is not yet met in this scenario, your maximum bid would not be considered a winning bid. A lot must reach or exceed the reserve in order for it to be eligible for sale to the highest bidder.
  1. The Seller cannot withdraw his or her lot after it has been approved by an administrator. 
  1. The term “latest bid” as used herein shall refer to the highest price at which any lot is bid on before the auction ends.
  2. The purchase price due from the Buyer shall be the aggregate of the winning bid plus the Buyer’s Premium, - winning bid $100 plus buyer’s premium at for example 10% is $10 - total $110 payable.
  3. The person making the highest acceptable bid received prior to the end of the auction date and time (subject to any reserve being met) shall become the Buyer, who will assume full risk and responsibility of the lot from the time of the ending of the Auction.
  4. The Buyer will receive an email notification directly following the auction end time requesting that he or she sign into his or her account and select post-sale preferences.
  5. The Buyer must make full payment for the winning lots at the conclusion of the auction
  6. Title to the item(s) will not pass from Seller to Buyer until full payment is received by FOH Auctions. See clause 24.m for full details of these provisions
  7. No item(s) will be released to the Buyer until any post-sale charges have been made prior to the release of the item(s)
  1. In accordance with the terms of clause 24.m title to all auction items shall remain with the Seller until payment in full
  2. Notwithstanding any indication to the contrary risk of damage or loss to the items shall remain with the Seller who should ensure that he has adequate insurance cover until payment is received in full.
  3. At that point, legal title will transfer to the Buyer as will risk and the Buyer must ensure that he or she has adequate insurance cover in place in relation to the Items in those circumstances.
  4. Without prejudice to any other provisions in this agreement, the Company accepts no responsibility whatsoever, to the maximum extent allowed by law, for the safe storage or preservation of any Items whilst in its temporary custody for the purposes of the auction or shipping
  1. FOH Auctions is not responsible for any part of the shipping process that takes place between the buyer and seller.
  1. Boxes/cigars can be damaged during or after shipment. Buyers must understand and accept that there is always a risk of damage
  2. Under no circumstances can an adjustment of price or credit be made after delivery if the product has been damaged
  1. In order for you to create an Item Listing or bid on an Item on this Website, you must provide us with appropriate identity and other information and if we require you to do so to create an Account which will contain certain personal details.  You represent and warrant that:
    1. all information you submit is accurate and truthful, and
    2. you will keep this information accurate and up-to-date.
  2. FOH Auctions has the right to elevate any members account to a higher membership tier at any time
  3. Sharing of accounts or selling on behalf of others is not permitted unless expressly authorised in writing by the Company.  You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
  4. A charge will be made for each Item that is successfully sold on this Website.  Seller’s fees are detailed in the FAQ and Seller’s guide.  All fees will be payable at the closure of the auction. You will be charged a commission at the rate specified in Commission Fee's section of the site. 
  5. If Sellers items meet the reserve, once the Buyer has paid, the balance after deductions will be forwarded to the Seller by bank transfer within 1-7 working days

You agree to indemnify and hold FOH Auctions, our officers, directors, employees, members, agents, licensors, shareholders and suppliers harmless from any and against all claims, actions or demands, liabilities and settlements, including without limitation our reasonable legal and accounting fees, resulting from, or alleged to result from:

  1. your breach of these Terms of Use, or the Privacy Statement;
  2. your violation of any applicable law, regulation, rule or order, pertaining to your use of the Website, the Terms of Use, the Services, or the Products;
  3. your unauthorized or unlawful use of the Website, the Services or the Products; and
  4. the unauthorized or unlawful use of the Website by any other person using your ID

We are based in Australia. We make no claims that the Content is appropriate for, or may be accessed or downloaded by, persons residing outside of Australia, or that any Submissions can be lawfully sent or received outside of Australia. Access to our Website, the Content and creation of certain Submissions may not be legal by certain persons in certain countries, and the Products may not be lawfully purchased in some other jurisdiction. If you access this Website from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving FOH Auctions or its affiliates, subsidiaries, licensors, employees, members, contractors, officers, directors, shareholders, telecommunication providers and content providers:

  1. you will submit to the jurisdiction of the courts of Australia, and
  2. you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and
  3. irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving FOH Auctions or its affiliates, subsidiaries, licensors, employees, members, contractors, officers, directors, shareholders, telecommunication providers and content providers, shall be governed by and construed in accordance with the laws of Australia in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law.

If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The headings of the various sections of this Agreement have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of this Agreement.

The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

The Terms of Use, together with our Privacy Statement, constitute the entire agreement between you and us with respect to your use of our Website and Content. The Terms of Use and purchase order constitute the entire agreement between you and us with respect to the purchase of Products. Our Privacy Statement is incorporated herein by reference and made an integral part hereof.

  1. In the event that any of the provisions of these Terms and Conditions are not followed, the Company reserves the right to suspend or terminate your access to the Service.
  2. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

I am responsible for compliance with all laws, statutes, ordinances and regulations that apply to the sale, purchase, shipment, transportation, delivery, receipt, possession, distribution, and importation of tobacco products. Such laws, statutes, ordinances and regulations may include, but are not limited to, requirements regarding age verification, disclosures, packaging and labelling, shipping, registration and reporting, payment and collection of taxes or fees, and licensing. I am responsible for identifying or interpreting any applicable laws or regulations and for complying with them. I acknowledge and agree that this function is exclusively my responsibility and not FOH Auctions responsibility. I will not use this website for any activities that violate any law, statute, ordinance or regulation. I certify that I am of legal age to possess tobacco products in the jurisdiction in which I reside.

We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void. The waiver by us of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect. There are no third party beneficiaries under this Agreement.

We may revise these Terms of Use or this Website at any time in our sole discretion without notice. An amended form of these Terms of Use will be effective immediately upon its posting on this Website. You are responsible for reviewing the most current form of these Terms of Use before using this Website to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use or this Website, you should immediately stop accessing or using this Website in any manner whatsoever. Your continued use of this Website means that you accept any and all revisions. You agree that these standards for notice and acceptance of amendments to these Terms of Use and this Website are reasonable.

Thank you for using our Website. We hope you find it helpful and convenient to use. Questions or comments regarding this Website should be directed by electronic mail to admin@fohauctions.com