Terms & Conditions & Terms of Service

To avoid duplication and confusion all terms of service are published here.  These terms cover all property operated by gauk Media & Government Auctions UK LLC.

Support and answers to questions regarding the use of gauk Media is available HERE

FOR SECURITY GAUK WILL COLLECT AND STORE THE IP OF THE COMPUTER USED TO SUBSCRIBE AND ALL ACCESS AND LOG IN FILES ARE STORED FOR UP TO FIVE YEARS.

These Terms & Conditions are published here and available for study. You should carefully read the Terms & Conditions before using gauk products and services.


By using gauk products and services users are indicating their agreement to be bound by these Terms & Conditions. This is a legally binding agreement. If you do not agree with the Terms & Conditions you should not use gauk property.

IMPORTANT CLARIFICATION REGARDING CLAUSE 4

USERS HAVE TOTAL CONTROL OVER PAYMENTS. IN THE FIRST INSTANCE ALL CANCELATIONS ARE THROUGH THE SIMPLE ONE CLICK ONLINE PROCESS IN ‘MY PROFILE’ IN THE MEMBERS’ AREA. IN THE SECOND INSTANCE CONTACT US HERE

TO AVOID CONFUSION AND ENSURE EFFICIENCY WE DO NOT PROCESS CANCELATIONS IN ANY OTHER WAY; WE DO NOT ACCEPT EMAILS, PHONE CALLS, FAXES OR MAIL TO AN ADDRESS.

Why do we do this?
eMail can get filtered by ISPs, junked or simply lost and some of gauk notification eMails are not monitored. Our online process ensures users are in control and ensures efficiency. In the second instance we have secure support forms set up that are monitored and because we receive mail internally, they do not get filtered.

Last updated 2nd May, 2014

  1. General
  2. Privacy
  3. Communications
  4. Payments
  5. Copyright
  6. Intellectual Property Rights Policy
  7. Anti Spam Policy
  8. Exceptions
  9. Content
  10. Advertisers
  11. Disclaimer

1. General
gauk Media Ltd, New Zealand owns operates a number of websites and is contracted for and on behalf of Government Auctions LLC Trolley Square, Suite 19c, Wilmington, DE 19806.

Definitions

“Intellectual Property Rights” means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.

“Licensor” means any licensor of Website Operator including without limitation any third parties placing Content (as defined below) on the Website.

“Service” means the provision of Content (which includes without limitation, news, data, catalogues, and other services) provided on the Website to the User by Website Operator. Auction services are subject to additional terms and conditions which the User is required to register for and accept before being able to access and use the auction services (whether for live auctions or otherwise).

“Website” means any website owned or operated by gauk together with (where applicable) the Auctioneer Site.

1.2 gauk Media takes reasonable steps to ensure that the information published on its web pages/e-mails/publications is accurate and up to date. gauk Media cannot be held responsible for sites outside its control or domain. gauk Media may amend sections and add, replace, or remove forms or documents without notice. The information, forms and documents offered are designed to provide a guide for common situations.

External links & third parties
gauk Media websites contains links to external, third party websites and gauk Media shall not be responsible for the availability or services of such sites. The fact that a website or business is listed on this website does not mean that gauk Media offers any sort of guarantee or warranty as to their ability to provide any services or products advertised and all users agree that they will make their own enquiries and satisfy themselves that a third party is suitable to enter into dealings with. All users agree that gauk Media (or any of its subsidiaries) acknowledge and agree that gauk Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that gauk Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

1.3 gauk Media, its agents and employees will not be liable for any loss or damage arising directly or indirectly from the possession, publication, or use of or reliance on information obtained from this service.

1.4 gauk Media furnishes its information both on these web pages and on forms and documents issued through its service in good faith without express or implied warranty. If you have any questions concerning the appropriateness or use of the information, forms or documents provided by gauk Media or the information contained on the web pages you must seek competent legal advice. gauk Media cannot be held responsible.

Use of the Service
gauk Media site/s may be used only for lawful purposes and any user identified as using the site for illegal purposes will have their membership terminated. The database may not be used as a mailing list or to canvas any other member or business in any way. Members accept of course that they may be contacted by other members in respect of adverts they may post/may be posted on the gauk Media

Competition
Should a subscriber or anyone, their employees, associates or anyone connected with that person using Government Auctions UK LLC services publish a Website or any other material deemed to be in competition to any gauk Media, Government Auctions UK LLC Website within a commission period they will immediately notify gauk in writing. They acknowledge that their affiliate account will immediately be suspended and all commissions owing from the point of publication will no longer be valid.

Damages
Should a subscriber or anyone, their employees, associates or anyone connected with that person using Government Auctions UK LLC services publish a website or any other material deemed to be in competition with, or associated with gauk Media, Government Auctions UK LLC published material using information related to, published by or protected by copyright to gauk Media, Government Auctions UK LLC they agree to be liable for all indirect, special or consequential damages (or loss of revenue, profits or data) arising from the competition published material, text, images, recording, visual media or publication of any description for up to FIVE years form the date of publication of the website or publication deemed to be ‘competitive’.

2. Privacy
2.1 gauk Media, Online Privacy Policy (Last updated October 11th, 2009 )
gauk Media has established this Privacy Policy to explain how it protects and manages the personal information that it collects from you (the customer) online.

2.2 Consent for Collection, Use and Disclosure

Your use of the gauk Media site and/or your registration for gauk Media products and services constitute your consent to the terms of this Privacy Policy.

gauk Media may occasionally update this Privacy Policy.  When it does, gauk Media will also revise the “last update” date at the top of this Privacy Policy.  In addition, gauk Media will seek a customer’s prior consent, by email, for any new uses or proposed disclosures of information collected from the customer prior to the change.  gauk Media will notify customers by email of changes to this policy that will affect information collected from them in the future .

2.3 Accountability
gauk Media collects, at the time of your registration and your sign-on to its web site, certain “personal information” (information that personally identifies you) including but not limited to your name, email address, home or work address, telephone number, and information about your computer hardware and software (e.g. IP address, operating system, browser type, domain name, URL, access times, and referring web site addresses).

gauk Media has implemented this Privacy Policy to protect personal information received from its customers, and to respond to any inquiries .  The Privacy Policy also provides that gauk Media will use appropriate contractual means to establish a comparable level of protection for personal information which is sent for processing by third parties on gauk Media’s behalf.

gauk Media has designated responsibility for your personal information to its Privacy Officer, who ensures compliance with the principles in this Privacy Policy.  Other gauk Media individuals may be delegated to act on behalf of the Privacy Officer.

2.4 Purposes for Collecting Personal Information
gauk Media collects and uses personal information for the following Identified Purposes:
(a) to understand customer needs regarding gauk Media LLC’s services;
(b) to develop and provide our web site and our products and services for our customers;
(c)to fulfill your requests for products, services or information;
(d)to communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products and services available from gauk Media, its affiliates and third parties;
(e)to allow customers to access limited-entry areas of gauk Media’s site;
(f)to personalise some of our services and products for you and to deliver targeted advertisements and offers from gauk Media and third parties;
(g)to bill accounts and maintain payment records;
(h)to comply with any applicable law, regulation, legal process or government request;
(i)to respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of the gauk Media site or any gauk Media product or service;
(j)to protect the services, products or rights of gauk Media, including but not limited to the security or integrity of the gauk Media site; and
(k)to identify and resolve technical problems concerning gauk Media’s site, products and services.

gauk Media also uses personal information in an aggregate form ( ie.not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.

If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.

2.5 Limiting the Collection of Personal Information
gauk Media limits its collection of personal information to only that information which is necessary for the Identified Purposes.  gauk Media does not direct its site to, nor does it knowingly collect any personal information from children under the age of thirteen.

Cookies: When you visit the gauk Media website, a cookie may be placed on your computer or the cookie may be read if you have visited the gauk Media site previously.  gauk Media uses cookies to allow gauk Media to determine which products and services you have already purchased so that gauk Media does not provide redundant information to you, and, if you are an gauk Media affiliate, to track gauk Media sales made to customers referred by you so that you can receive compensation under our affiliate program.  If you choose to not have your browser accept cookies from the gauk Media website, you may not be able to view all the text on the screens, or to experience a personalised visit, or to subscribe to certain service and product offerings on the gauk Media site.

2.6 Disclosure, Processing and Retention
gauk Media does not sell, rent or disclose your personal information to anyone else, except:
(a)to someone you have designated to act as your agent, for one or more of the Identified Purposes (listed in Section 2, above);
(b)to gauk Media’s employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, suppliers and agents, acting on gauk Media’s behalf for any of the Identified Purposes;
(c)as necessary if gauk Media has reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with gauk Media’s rights or property, other users of gauk Media’s web site, products or services, or anyone else that could be harmed by such activities; and
(d)to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company.  In such transactions, personal information may be one of the transferred business assets. Also, in the event that gauk Media or substantially all of its assets are acquired, your personal information may be one of the transferred assets.

Your information may be stored and processed in any country in which gauk Media or its affiliates, subsidiaries or agents maintain facilities.  By using this website, you consent to any such transfer of information outside of your country.

After your account becomes inactive (that is, if you request to be removed from our database), gauk Media will keep your personal information in its archives.  Your information will then be used only as necessary for tax reasons or to prove gauk Media’s compliance with any applicable law.

2.7 Accuracy of Personal Information
gauk Media will use reasonable efforts to keep customer personal information accurate for the Identified Purposes, and for minimizing the possibility of making inappropriate customer decisions based on such information.  Customers are responsible for informing gauk Media about changes to their personal information.  You can do this by sending an email Here. gauk Media will use new or updated personal information it receives from customers to update its own records.

2.8 Security Safeguards
gauk Media will use reasonable efforts to protect customers’ personal information.

2.9 Access to Personal Information
gauk Media will afford you a reasonable opportunity to review the personal information in your file upon request to the Privacy Officer Here.

If gauk Media is not able to provide access to some aspect of a customer’s personal information, it will provide reasons for denying access such as; that by doing so would likely reveal personal information about a third party, or that it is confidential commercial information or lawyer–client privileged communications, or that the information relates to a breach of an agreement or a contravention of law, or that its disclosure could reasonably be expected to threaten the life or security of another individual.

Customers have the right to request that inaccurate or incomplete information be amended as appropriate, by contacting gauk Media or the Privacy Officer as described above.  gauk Media will promptly correct such personal information.

3. Communications and free newsletter
Subscribers (unless disputed, the person whose details appear in the subscription form and submitted to gauk Media) agree to receive the gauk Media electronic newsletter and a limited number of communications from gauk Media. Communications may contain selected advertising and carry an unsubscribe link which can be activated at any time.

gauk Media electronic newsletter is a separate service to ‘paid for’ subscriptions and newsletter. Cancellation from the free newsletter will not affect subscription to general Government Auctions UK information.

Gauk Contact Us Program Policies
To uphold the quality and reputation of Gauk, your use of the Contact Us/Contact Retailers service is subject to policies. If you are found to be in violation of these terms at any time, as determined by gauk at their sole discretion, you may be warned or gauk reserve the right to suspend or terminate your account without recourse or further warning.

Prohibited Actions
Users of the gauk Contact Us services may not:

Generate or facilitate UCE (unsolicited commercial email or spam). The activity includes, but is not limited to

  • sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
  • imitating or impersonating another person
  • imitating or impersonating an email address
  • creating a false account or accounts for the purpose of sending UCE
  • data mining of any gauk web property to harvest email addresses
  • sending UCE via open, third-party servers
  • selling, exchanging or distributing to any third party email addresses of any person without their knowledge
  • sending UCE to significant numbers of email accounts belonging to individuals and/or entities with whom you have no preexisting relationship
  • sending, uploading, distributing or disseminating or to offer to do the same with respect to any defamatory, harassing, unlawful, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  • contact or forward MLM, pyramid schemes and the like
  • impersonating another person via the use of a email addresses or otherwise or to misrepresent yourself or the source of any email
  • illegally transmit intellectual property, copyright protected or proprietary information without the owner’s or licensor’s permission
  • use gauk Contact Us services to violate legal rights of others
  • promote or encourage any illegal activities
  • interfere with other gauk users’ enjoyment of the Service
  • modify, adapt, translate, or reverse engineer any part of the gauk Service
  • remove copyright, trademark or other proprietary marks contained at the gauk Service

Security
You must promptly notify gauk of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.

4. Payments
(Last updated Feb, 2011)
4.1 When a user has set up their desired subscription, payments will be taken automatically through the secure payment processor (depending on subscription option) until canceled by the user (see 4.3).

What is a Continuous Payment Authority? (CPA)

It can be set up using plastic cards, both credit and debit cards can be used. It’s similar to direct debit because payments are debited from the account which is linked to the card.

How do I cancel a Continuous Payment Authority?

Any reputable company will have options for cancelling a membership or subscription and gauk is no exception!

You have total control over your payment options under ‘My Profile’ in your member’s area. Here you can manage payments and even cancel them at the click of a button.

Furthermore, your payment processors Worldpay (Royal Bank of Scotland) Secpay (on behalf of Barclays) and Paypal have several options for cancelling a CPA including direct phone numbers which can be found Here

Credit Cards: Payments will appear on the subscriber’s bank statement as ‘Gov Auctions UK’ (or a variant of). By completing the subscription forms and agreeing to the simple terms on those pages, subscribers/cardholders unconditionally give gauk Media payment processors continuous authority to debit their credit/debit card on that basis until canceled by the subscriber by the cancel link outlined in (4.3).

If a subscriber uses a third party’s card they do so with the cardholder’s full knowledge and express permission. The cardholder also agrees to be bound by these terms and conditions.

Credit card processors are currently Worldpay RBS Scotland and Paypoint on Behalf of Barclays.

4.2 There may be various subscription promotions applied at the time of subscription and that the fee will revert to the standard rate published at the site at the time stated in the promotion.

4.3 Canceling Subscriptions.
Credit Cards: All cancellations are through the simple online process. Subscribers/cardholders have total control over their accounts and can cancel continuous authority at any time through their ‘My Profile’ pages in the Members’ Area. ‘My Account’ pages detail all subscriptions with cancellation being a simple ‘Cancel Subscription’ link.

Paypal: Users cancel their subscriptions within their Paypal account under ‘My Account’.

4.3.1 If subscribers experience a problem with the system then the subscriber will should contact gauk Media at their earliest convenience outlining the problem Here. gauk Media will cancel the account manually. When an account is canceled in the described manner Government Auctions LLC will send a ‘confirmation of cancellation’ to the e-mail address provided by the person wishing to cancel, they should retain this for their records.

4.3.2 gauk Media will retain copies of all ‘confirmation of cancellations sent for a period of at least two years and refund any payments taken after the date that the ‘confirmation of cancellation was sent should it be necessary.

4.3.3 Without a ‘confirmation of cancellation, in writing, from gauk Media it cannot be assumed or guaranteed that gauk Media received the request. Government Auctions cannot be held responsible should a subscriber not follow the cancellation procedure outlined Here.

4.4 Usernames & Passwords
All members shall be issued with a unique username and password, which will be required each time the user wishes to access the website. It is the user’s responsibility to keep these details safe and confidential and users agree not to share, lend or sell their access details to any third party. gauk Media uses IP tracking software to monitor the number of individual users accessing the site using the same login information and anyone found sharing their details will have their membership revoked and no refund of payments made will be given. All users agree that they are responsible for any actions that occur whilst logged into the site under their own unique login details.

On receipt of a new subscription payment passwords are automatically sent giving access to the information in the members’ area. If these passwords are not received within 24 hours the subscriber must contact gauk Media for new passwords. If a subscriber is unable to gain access for any reason whatsoever they agree to inform gauk Media at their earliest opportunity. gauk Media will endeavor to resolve the problem at their earliest opportunity.

4.5 If the subscriber/cardholder does not cancel continuous authority with gauk Media in the described manner, (4.3) passwords remain live and subscription payments will continue for the requested payment option. Payments for this period are non refundable as either a full or partial payment.

Payment Disputes: PLEASE NOTE THAT THE FOLLOWING CLAUSE ONLY APPLIES TO ‘DISPUTED TRANSACTIONS’ AND SUBSCRIPTIONS REPORTED AS ‘NOT AUTHORISED’ TO THE USER’S CREDIT CARD COMPANY (No other charges apply to gauk Media use and general support/alert communications are not covered by 4.6)

4.6 If a cardholder/subscriber to gauk Media services instigates a ‘Disputed Transaction’, ‘Authority Not Given’, Not Authorised’ charge back for either an initial single transaction, or continuous authority transaction, with their credit card company/bank – for whatever reason for a gauk Media product/service – and it subsequently transpires (a) the card was NOT used fraudulently, (b) the cardholder has NOT canceled in the agreed manner (see 4.3) or (c) the card was used with the cardholder’s knowledge, the following applies:

(a) The cardholder agrees to withdraw the dispute immediately, or as soon as is reasonably possible, with their credit card company.
(b) They will agree to their card company re accrediting gauk Media’s account for the disputed amount either by their credit card company crediting gauk Media or via a manual transaction processed by gauk Media.
(c) They agree to pay an initial administration fee of £30 levied to defend the charge back (At the discretion of gauk Media).
(d) They agree to pay any charge made to gauk Media and associated companies by the payment processor/merchant service
(e) They agree to pay further costs at a rate of £30 per communication should it be necessary on invoice. gauk Media will inform the cardholder prior to any sending communications charged at the published rate when dealing with a payment dispute.
(f) If an invoice has to be raised the cardholder will to agree to make the payment within seven days of invoice.
(g) Should it be necessary to recover disputed subscription payments, administration charges plus any associated costs incurred by gauk Media through the UK County Courts. The cardholder will agree to forgo any rights whatsoever to defend the disputed amount.
(h) ON RECEIPT OF A PAYMENT DISPUTE MEMBERSHIP AND ACCESS TO GAUK SERVICES WILL BE IMMEDIATLY SUSPENDED.

Fraud
gauk Media will pursue and prosecute to the fullest extent of the law any individual(s) who attempt to use our systems, software, or services for the purpose of fraudulent transactions.

gauk Media maintains ethical practices and will not tolerate any misuse of our tools and resources by any third party. If misuse occurs, we will do everything in our power to immediately terminate the relationship and prevent any further misuse.

4.7 Should the cardholder suspect their card has been used in a fraudulent transaction, and the cardholder has instigated a ‘Disputed Transaction’, ‘Authority Not Given’, ‘Not Authorised’ charge back for either an initial single transaction, or continuous authority transaction, with their credit card company they must inform the relevant authorities (credit card fraud department, police etc) at the earliest available opportunity and instruct them to carry out a full investigation into the alleged misuse of the card. gauk Media will furnish the investigating authority with all records of the transaction including ip addresses which can be traced directly to the computer that made the transaction.

4.8 Subscription payments are for the information in the gauk Media members’ area and are not a membership fee.

Refunds
4.9 The refund policy covering all gauk Media products state that: gauk Media will refund 100% of the subscription cost should the product/service fail to deliver in any way from its description. Subscribers accept that to receive a full refund they must demonstrate that after following all published material instructions and taken advice from support the product/service has failed in its description. An example would be that gauk offer to provide information on certain events or items and these are no longer accessible once subscribed, or that we do not provide the information as promised. As described under cancelling your subscription, a person has the right to cancel at any time. Trade descriptions and ‘cooling off period’ (UK) due to the fact that gauk information is instantly accessible, there is no cooling off period. If they are seeking a refund they must contact gauk immediately via the contact us form detailing what they were trying to achieve or find and how gauk has failed to proved the service

5. Items advertised for sale on the website

5.1 Website operator may from to time provide a resource where catalogues and other sale details from dealers, auction houses and other sellers (“sellers”) can conveniently be viewed. Website operator’s role is limited to the provision of the service for the publication of information on items (“items”) offered for sale provided by the sellers.

5.2 Items are sold subject to the terms and conditions of the seller and any terms of the auctioneer. It is the user’s responsibility to obtain and to read the auctioneer’s and seller’s terms and conditions carefully before making a bid or offer to purchase any item.

5.3 gauk is not a party to any transaction between the user and the seller for the sale of items nor is gauk acting as agent for or otherwise on behalf of any seller. Accordingly, the user accepts that it will have no claim or cause of action against gauk in respect of the sale (or non-sale) of any item.

5.4 For the avoidance of doubt, website operator is not responsible for any errors in information about items on the site. Website operator does not evaluate items and does not act as a specialist or expert on any related subject matter. Website operator makes no warranties or representation of any kind or nature with respect to items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the user has any questions, then they should contact the seller directly. In particular, it is the user’s responsibility to understand the seller’s payment and shipping terms and those of the auctioneer.

5.5 Whilst gauk may endeavour to facilitate electronic or other communications between users and sellers, it accepts no responsibility in respect of the availability or performance of any such services.

5.6 users must register and agree to the bidder users terms and conditions before they can participate in any auctions (whether live or otherwise).

5. Copyright
Copyright © 2004 gauk Media Ltd. All Rights Reserved. No part of gauk Media or associated/related sites may be copied, reproduced or stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise in part or full without express written permission from the publisher. All violations will be prosecuted to the fullest extent of the law. For reproduction permissions and licence agreements contact us Here

Notice and procedure for making claims of copyright or intellectual property infringement

gauk Media respects the intellectual property of other. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide gauk Media’s Copyright Agent the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the site;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

gauk Media’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached Here

TRADEMARK INFORMATION
You agree that all of gauk Media’s trademarks, trade names, service marks and other gauk Media logos and brand features, and product and service names are trademarks and the property of Government Auctions UK LLC. Without gauk Media’s prior permission, you agree not to display or use in any manner the gauk Media Marks.

Intellectual Property Rights Policy

Government Auctions UK LLC (“we” and “us”, as the case may be) respects the intellectual property of others.

This Intellectual Property Rights Policy (“Policy”) sets out our policies on issues related to intellectual property rights, such as allegations of infringing material being posted or made available on our websites.

Information for intellectual property rights owners
We look to comply with all applicable laws and regulations as applicable to us.

If you believe that your intellectual property right has been infringed, please complete our standard notice of infringement (PDF available here) and send or fax a hard-copy of the duly-completed form to us at:

gauk Media Ltd
6 Pine Hill Road West
Ruby Bay
Nelson
7173

We can only accept and act on notices in the English language. Any notices that do not comply with the above will be rejected, and we will not take any action in relation to such rejected notices.

Upon receipt of a compliant notice of infringement, we will take the actions described below.

Copyright Act Infringement

1. For Copyright Act Infringements, we will, upon receipt of a compliant notice of infringement:

(a) expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy; and

(b) after removing or disabling access to the allegedly infringing electronic copy, expeditiously take reasonable steps to notify the person who had made that electronic copy available (“Content Owner”).

2. If the Content Owner provides a counter-notice that complies with the relevant requirements of the Copyright Act and Copyright (Network Service Provider) Regulations (“Compliant Counter-Notice”), and the Compliant Counter-Notice is provided to us within 6 weeks of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing electronic copy (“Notification Date”):

(a) we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing electronic copy, if it is technically and practically feasible to do so; and

(b) if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing electronic copy (where it is technically and practically feasible to do so), the owner of the copyright in question or the performer of the performance in question (as the case may be) commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing electronic copy, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing electronic copy.

3. If the Content Owner does not provide a Compliant Counter-Notice within 6 weeks of the Notification Date, we will take no further action and we will consider the case to be closed.

Other types of infringement

1. For all other infringements (that is, that are not a Copyright Act Infringement), the notice of infringement must be accompanied by the following documents in the English language:

(a) an affidavit or statutory declaration (which complies fully with the applicable laws in the place where such affidavit or statutory declaration is made) containing or stating the following matters:

(i) a statement that all of the matters set out in the notice of infringement are true and accurate, and in this regard, a copy of the duly-completed and signed notice of infringement must be exhibited and referred to in the affidavit or statutory declaration; and
(ii) a statement that the notice of infringement is being sent to us in good faith and for the purposes of enforcing the intellectual property right in question; and

(b) a duly-completed and signed standard indemnity.
2. Once we receive the notice of infringement together with the affidavit or statutory declaration and the standard indemnity as required under this Policy, we will proceed to remove or disable access to the allegedly infringing material.

3. If we do not receive either or both of the affidavit or statutory declaration and the standard indemnity as required under this Policy, or we received both of them but we determine (in our sole discretion) that either or both of them do not comply with the requirements of this Policy, including but not limited to either or both of them not being in the English language, we reserve the right to take any or no action, as we deem appropriate in our sole discretion. If we decide to take no action, we will consider the case to be closed.

Information for users

Users who have posted or made available any Content (as defined in our Terms of Service) on or through our properties or services should familiarise themselves with the matters set out above under the heading “Information for intellectual property rights owners”.

In particular, where we have removed or disabled access to any material pursuant to a notice of infringement alleging a Copyright Act Infringement, we will first send a brief notification to the user to inform him of this removal and such other information that may be useful to the user.

We may also, in accordance with our Terms of Service (including this Policy) and in appropriate circumstances and at our sole discretion, disable and/or terminate (whether partially or completely) without notice the accounts of users who may be infringing the intellectual property rights (including but not limited to copyrights and trade marks) of others.

In particular, we will terminate the Service Accounts of users whom we have determined to be repeat infringers. The “Service Account” of a user is the account of that user in respect of a particular service or property operated or provided by us. For instance, where we have determined that a user has infringed a third party’s intellectual property rights in the course of his/her use of our gauk property, the Service Account that may be terminated will be his/her account, but not his/her other Service Accounts.

In determining whether a user is a repeat infringer, we will generally adopt the following procedure (as may be applied or amended from time to time in our sole discretion):

1. If we remove or disable access to any Content (whether pursuant to a compliant notice of infringement sent to us or otherwise) posted or made available by our user, we will send a notification to the user in question ;

2. The user has a 6-week grace period (starting from the date-stamp of our notification) to search out and remove all infringing material and links that he/she has posted or made available using or through the relevant Service Account;

3. If we subsequently receive a second allegation of infringement by that user, which causes us to remove or disable access to any other Content posted or made available by that user under the same Service Account, and we do not receive a Compliant Counter-Notice from the user within 6 weeks of the Notification Date, we will then terminate that Service Account of that user (whether with or without further reference to him/her) after such 6-week period. However, any allegations of infringement received during the 6-week grace period mentioned above will not be considered to be a second allegation of infringement for the purposes of this paragraph; and

4. In cases where our removal of or disabling of access to Content in paragraph 1 was pursuant to our procedure for Copyright Act Infringement, and a Compliant Counter-Notice is provided by the user within 6 weeks of the date of our notification to the user, then the compliant notice of infringement that led to that removal of or disabling of access to the Content will be disregarded for the purposes of assessing whether the user is a repeat infringer under this Policy.

6. Anti-Spam Policy
gauk Media is committed to permission-based email marketing practices, and as a result has established this no-tolerance Anti-Spam Policy.  gauk Media will occasionally update this Anti-Spam Policy.  When it does, gauk Media will also revise the “last update” date at the top of this Anti-Spam Policy.  For changes to this policy, gauk Media will notify you (the customer) by placing a notice on its web site home page.

What is Spam?
Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient.  It is intrusive and often irrelevant or offensive, and it wastes valuable resources.  Spam messages are the opposite of permission-based email, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship.  Inappropriate newsgroup activities, consisting of excessive posting of the same materials to several newsgroups, are also deemed to be spam.

Preventing Spam
Customers of gauk Media products and services have agreed during their registration process, upon accepting the Terms of Use, to comply with this Anti-Spam Policy.  Specifically, each customer agrees not to use the gauk Media products or services to send unsolicited email or bulk email, whether or not for commercial purposes.  gauk Media reserves the right to determine in its sole discretion what constitutes actionable spam, as well as what measures are necessary in response to such spam activities.

How gauk Media Helps You to Avoid Spamming
gauk Media has developed its Internet marketing tools to incorporate a strict permission-based philosophy.  This anti-spam philosophy is implemented through the following:

(a) Communication and Agreement – The Terms of Use that you have agreed to as part of registering for the gauk Media products and services state how and for what purposes you can collect your site visitor addresses, and that you will follow the gauk Media Privacy Policy and Anti-Spam Policy.

(b) Un subscription– Each email created using gauk Media products contains an “unsubscribe link”.  If your web site visitors use the link to request that they be un subscribed, your subscriber lists will automatically be adjusted to eliminate the prospect of sending unwanted email to such persons.  Additionally, each person on your subscriber list has the option of un subscribing through a web-based method provided on the gauk Media web site.  Customers of gauk Media who try to remove the unsubscribe link will be warned that they are doing so, and if they persist in having the link removed or deactivated in any way, then gauk Media will have the right to terminate their account.

(c) Purchased Mailing Lists – Mass mailings to purchased email lists are not allowed.  gauk Media only allows opt-in mailing lists.  Purchased or inherited lists are by definition not opt-in.  Similarly, you cannot use an email list relating to particular subject matter, and then use it for an unrelated topic.

Laws Restricting Spam
Spam laws vary from from country to country.  This gauk Media Anti-Spam Policy has been developed to conform to the highest commercially reasonable standards.  As a result, and without limiting the general prohibitions against all spam activities, the following are expressly prohibited:
(a) Use of false headers, or other false information, to identify the point of origin or the transmission path of the email, or to hide the true origin of the email sender,
(b) Unauthorized use of a third party’s internet domain name without the permission of such third party, to make it appear that the third party was the point of origin of the email,
(c) Use of any false or misleading information in the subject line of the email, and
(d) Assisting any person in using the products or services of gauk Media for any of these previously mentioned activities.
Questions to Ask Yourself
To help in establishing whether you are participating in activities constituting spam, ask yourself the following questions:
(a) Are you sending email to non-specific addresses, such as info@domain.com or sales@domain.com?
(b) Have you deliberately falsified your transmission path information or originating address?
(c) Are you sending email to mailing lists or distribution lists, which then send indirectly to various other email addresses?
(d) Have you imported for use a purchased list of any type?
(e) Are you continuing to mail to anyone who has asked to be deleted from your mailing list?
(f) Does your email not provide a fully functioning link to unsubscribe?
(g) Does you email subject line contain false or misleading information?
(h) Have you used a third party’s email address or domain name without the party’s consent?
If you answer yes to any of these questions, you are likely involved in spam activities, and should contact gauk Media LLC customer support service Here.

Measures to Enforce the Anti-Spam Policy
Any gauk Media customer/affiliate found to be using gauk Media products or services for spamming purposes may, at gauk Media’s discretion, be immediately cut off from use of all gauk Media products and services and/or fined £1,000 per occurrence, with no refund of fees that have been paid.

gauk Media LLC warns all of its customers when signing up that if they participate in spamming activities they will be subject to the loss of gauk Media services, fines and possible legal action.

gauk Media has the right to actively review its customers’ subscriber lists and email for suspiciously large broadcasts.  If gauk Media finds any customers to be spamming, it will issue a warning, and if the activities are serious enough, gauk Media will take action immediately.  If gauk Media has any reason to believe that the customer, despite warning being given, threatens to or is continuing to send spam, then gauk Media may take action immediately, including disabling the customer’s account and/or reporting the customer and the incident to the proper authorities.

gauk Media does not attempt to censor any content, nor to curtail the business of its customers.  However, spam activities do not fall within uses authorised by gauk Media, and will not be tolerated.

Reporting Spam
If you believe that you have received spam from or through gauk Media’s facilities, please send a complaint from your email account along with the unsolicited email, with completed header Here.  Please provide any other information that you believe may help us in our investigation.  gauk Media does not investigate or take any action based on “anonymous” spam complaints.

False Spam Complaints
gauk Media supports the efforts of various organisations working to responsibly eliminate spam activities.  However, if an individual has opted-in to receive email from a customer of gauk Media, and then falsely or maliciously files a spam complaint against gauk Media or its customers, gauk Media will cooperate fully with the appropriate agencies to ban the complainant from use of anti-spam software and the Internet community.

7. Exceptions
Exceptions to any of the points in gauk Media Terms and Conditions are made entirely at the discretion of gauk Media, without prejudice.

8. Content submitted or made available for inclusion on the gauk Media services

gauk Media does not claim ownership of Content submitted or made available for inclusion on the gauk Media Services. However, with respect to Content submitted or made available for inclusion on publicly accessible areas of the gauk Media Services, you grant gauk Media the following worldwide, royalty-free and non-exclusive license(s), as applicable:

8. 1. With respect to Content you submit or make available for inclusion on publicly accessible areas of gauk Media, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the gauk Media Services solely for the purposes of providing and promoting the specific gauk Media service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the gauk Media Services and will terminate at the time you remove or gauk Media removes such Content from the gauk Media Services.

8.2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the gauk Media Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the gauk Media Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the gauk Media Services and will terminate at the time you remove or gauk Media removes such Content from the gauk Media Services.

8.3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the gauk Media Services, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

” Publicly accessible” areas of the gauk Media Services are those areas of the gauk Media network of properties that are intended by gauk Media to be available to the general public. By way of example, publicly accessible areas of the gauk Media Services would include gauk Media pages that are open to both members and visitors. However, publicly accessible areas of the gauk Media Services would not include portions of gauk Media that are limited to members, gauk Media services intended for private communication such as gauk Media Mail or gauk Media Messenger, or areas off of the gauk Media network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by gauk Media.

Contributions to gauk Media
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to gauk Media through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) gauk Media is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) gauk Media shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) gauk Media may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of gauk Media without any obligation of gauk Media to you; and (f) you are not entitled to any compensation or reimbursement of any kind from gauk Media under any circumstances.

Indemnity
You agree to indemnify and hold gauk Media and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the gauk Services, your use of the gauk Services, your connection to the gauk Services, your violation of the TOS, or your violation of any rights of another.

9. Dealings with Advertisers & Adverts
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the gauk Media, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that gauk Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the gauk Media Services.

9.1 website operator may from to time provide a resource where catalogues and other sale details from dealers, auction houses and other sellers (“sellers”) can conveniently be viewed. Website operator’s role is limited to the provision of the service for the publication of information on items (“items”) offered for sale provided by the sellers.

9.2 items are sold subject to the terms and conditions of the seller and any terms of the auctioneer. It is the user’s responsibility to obtain and to read the auctioneer’s and seller’s terms and conditions carefully before making a bid or offer to purchase any item.

9.3 gauk is not a party to any transaction between the user and the seller for the sale of items nor is gauk acting as agent for or otherwise on behalf of any seller. Accordingly, the user accepts that it will have no claim or cause of action against gauk in respect of the sale (or non-sale) of any item.

9.4 for the avoidance of doubt, website operator is not responsible for any errors in information about items on the site. Website operator does not evaluate items and does not act as a specialist or expert on any related subject matter. Website operator makes no warranties or representation of any kind or nature with respect to items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the user has any questions, then they should contact the seller directly. In particular, it is the user’s responsibility to understand the seller’s payment and shipping terms and those of the auctioneer.

9.5 whilst website operator may endeavour to facilitate electronic or other communications between users and sellers, it accepts no responsibility in respect of the availability or performance of any such services.

9.6 users must register and agree to the bidder users terms and conditions before they can participate in any auctions (whether live or otherwise).

Competitions and Prizes
These rules apply to all prize promotions including free draws, prize competitions and instant win offers.
9.7 From time to time gauk Media will run competitions, free prize draws and promotions on this website. These may be subject to additional terms that will be made available at the time.
9.8 Promotions are open to anyone aged 18 and over unless otherwise specified.
9.9 Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
9.10 gauk Media and the promoter reserve the right to substitute the prize for another prize of equal value.
9.11 NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
9.12 By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
9.13 By entering the promotion, the entrant agrees to the terms of the privacy policy. In addition gauk Media may pass your personal information to the promoters and their data processors. However, we always demand that those parties adhere to the same security procedures that we follow ourselves.
9.14 It is assumed that by entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered and by entering any date-related competition gauk Media or the third party are not liable in any way to any winner who cannot attend, and no cash alternative or equivalent prize will be given.
9.15 Winners will be notified by email on the day of the draw. Winners have five (5) business working days to respond in full to the email or another winner will be drawn.
9.16 By entering the promotion, the winner(s) consent to any publicity generated as a result of the promotion, and use on websites, magazines or mobile services at any time.
9.17. Prize draws are open to anyone, except employees of gauk Media, the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion.
9.18 The Sites’ Editors’ decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
9.19 Only one entry per person. Spammers will be disqualified.
9.20 gauk Media will not accept responsibility for lost through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
9.21 The promotional draws are held by gauk Media, or the promoter, as stated.
9.22 Details of the winner(s) can be obtained by sending an email, within 21 days of the closing date of the promotion.
9.23 Where gauk Media runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of prizes then gauk Media shall not be responsible for or have any liability for the provision of such prizes.
9.24 The winner of any competition which includes attending a specific venue is responsible for their own travel arrangements unless stated otherwise. If travel is included in the prize, all booking formalities must be completed directly with the travel sponsor unless stated otherwise agreed by gauk Media, and gauk Media shall have no responsibility or liability in respect of any travel arrangements.
9.25 These terms and conditions shall be governed by and construed in accordance with the laws of of the country to which the promotion is targeted.

10. Disclaimer of Warranties
You expressly understand and agree that:

1. your use of the gauk Media Services and software are at your sole risk. The gauk Media Services and software are provided on an “as is” and “as available” basis. gauk Media and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2. gauk Media and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the gauk Media Services or software will meet your requirements; (ii) the gauk Media Services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the gauk Media Services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the gauk Media Services or software will meet your expectations; and (v) any errors in the software will be corrected.
3. any material downloaded or otherwise obtained through the use of the gauk Media Services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
4. no advice or information, whether oral or written, obtained by you from gauk Media or through or from the gauk Media Services or software shall create any warranty not expressly stated in the terms of service.

LIMITATION OF LIABILITY
All users agree that gauk Media and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if gauk Media has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the gauk Media Service
(b) the cost of procurement of substitute goods and services
(c) unauthorized access to or alteration of your transmissions or data
(d) statements or conduct of any third party on the gauk Media Service
(e) any other matter relating to the gauk Media Service.. Users accept that they are using websites and the third parties to which they link to entirely at their own risk with absolutely no liability on the part of gauk Media whatsoever.

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