Updated Feb. 4, 2015
The following is our Terms & Conditions for Novi Marine Brokers'™ (NMB) online bidding system, known as Novi'™s Reserve Bidding Service (NRBS). Note that by submitting a bid, you will be accepting these conditions.
I understand that I will be able to submit bids/offers on items, including but not limited to business package enterprise or boats, licenses, quota, gear etc. that I wish to buy or lease from a Seller or Lessor who wishes to sell or lease through the NRBS.
I further agree to honour any bid I shall make. Bids made under my name are my responsibility. I agree to keep my username and password private and not disclose it to anyone. I understand that if my bid shall match or exceed the Reserve Price set by the Seller and NMB, and my bid is the first-, second-, or third-highest bid, I must sign a Purchase and Sale Agreement (or Lease Agreement where applicable) within 48 hours of the Closing of the Bidding. I understand that a signed Purchase & Sale/Lease Agreement (Hereinafter referred to as "Agreement"), signed by the Seller and I, does not obligate the Seller to honour the Agreement if there is another Agreement in place for a bid amount higher than my bid. I also understand that the Agreement can be conditional upon financial approval if required, and the Agreement will be considered null and void if the condition is not met.
I agree that I have been advised to view all tangible items before bidding. I agree to review and be aware of the particulars of all non-tangible items (such as licenses). I will contact a NMB Agent or Representative to arrange said viewing or to collect the information required.
I understand that once the Reserve Price is met, if the remaining "Time Left" on the clock is more than 4 days (96 hours), the clock will be automatically reduced to 4 days remaining. A bid made within the last 24 hours will extend the bidding time by an additional 24 hours, until a 24 hour period lapses with no new bids received.
I agree and understand that a Buyer'™s Premium will be charged as part of my bid amount and will be reflected in the Agreement. No commission or fee is paid by the Seller for use of Novi'™s Reserve Bidding Service. The Bidder who is the successful Buyer will pay a Buyer'™s Premium in the amount of 6% plus HST of the winning bid amount, which will be reflected in the Agreement, and which will be deducted from the winning bid amount. The Buyer'™s Premium will be made payable to 3263626 Nova Scotia Limited, a company which conducts business as NoviMarineBrokers.com and ReserveBidding.com. NMB reserves the right to change the Buyer'™s Premium rate and will advise of all rate changes in advance. I fully understand that the Buyer'™s Premium will be applied as part of the bid and will be reflected in the total amount under the Purchase and Sale Agreement/Lease Agreement.
I understand that in the event that I do not honour my bid (which was deemed to be first-, second- or third-highest) by signing a Purchase & Sale Agreement/Lease Agreement, I may be charged a penalty of 1% of my bid amount or $1,000.00, whichever is greater, and this payment may be due and payable to 3263626 Nova Scotia Limited within 72 hours of the Closing of the Bidding. No penalty will be charged if the Seller does not accept the terms of the Agreement or if financial approval is not granted. In addition, if I fail to honour my bid, NMB reserves the right to revoke my bidding privileges.
I further understand that if I fail to honour an accepted bid I could be liable to the Seller and I agree to save and indemnify NMB and NRBS from any liability with respect to same.
If I have any questions or require clarification of any of the above, I understand that I am advised to contact a NMB Agent or Representative at 1-866-303-NOVI (6684) for assistance.
3263626 Nova Scotia Ltd. dba NoviMarineBrokers.com, subsidiary brands, afiliate platforms and its country specific URLs (hereinafter referred to as "NoviMarineBrokers.com") SOFTWARE AND SERVICES AGREEMENT: THIS AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND NoviMarineBrokers.com REGARDING THE USE OF its SOFTWARE AND/OR SERVICES.
Who is Responsible for Product Descriptions and Warranties? The NoviMarineBrokers.com Site enables individuals, companies and agents to list Products for sale or lease. It is those persons who prepare the product descriptions which appear on the site and it is those persons who are responsible for the accuracy of the descriptions and for all contractual and other warranties made with respect to the product sold. I agree and fully understand that NoviMarineBrokers.com will not be responsible or liable to me for any of the factual and other content of the information posted on the NoviMarineBrokers.com Site. If I have any complaint or claim to make in relation to the purchase of a Product on the NoviMarineBrokers.com Site, I can only make it against the person identified as the "Seller" on the Site. The Following are the terms of my agreement with NoviMarineBrokers.com with respect to my use of the NoviMarineBrokers.com Site as a "Buyer":
DEFINITIONS: "Reserve Bidding Listing" means a listing wherein remote users can bid either through absentee bids or real time bids through the internet using NoviMarineBrokers.com technology. "Seller" means a company or individual listing product for sale or lease through NoviMarineBrokers.com or ReserveBidding.com Services. "Buyer" means a company or individual (you) purchasing product posted for sale or lease through NoviMarineBrokers.com or ReserveBidding.com Services.
1. No Guarantee. NoviMarineBrokers.com does not guarantee or covenant the accuracy of the product description or that the images used to illustrate products are correct or do not violate trademarks or copyrights. NoviMarineBrokers.com does not guarantee or covenant that the Reserve Bidding technology, the NoviMarineBrokers.com site or any related services will meet your requirements or be uninterrupted or error-free. NoviMarineBrokers.com does not guarantee real-time performance of any service or that it will execute all online or absentee bids. NoviMarineBrokers.com HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE NoviMarineBrokers.com SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAID INFORMATION AND ITS ACCURACY OR WITH RESPECT TO THE INTEGRITY OR SOLVENCY OF THE "SELLERS" WHO POST PROPERTY FOR SALE OR LEASE THROUGH THE NoviMarineBrokers.com SITE.
2. NO WARRANTIES. YOU AS BUYER AGREE THAT NoviMarineBrokers.com IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD THROUGH THE NoviMarineBrokers.com SITE AND THAT ALL SUCH WARRANTIES, COVENANTS AND REPRESENTATIONS ARE PROVIDED BY THE "SELLER" IDENTIFIED IN THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONLY THE "SELLER" CAN PROVIDE YOU WITH WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE AS BUYER THAT THE NoviMarineBrokers.com SOFTWARE, THE DATA ENTERED INTO THE SOFTWARE, THE SELLER'™S LISTING INFORMATION, OR ANY OF THE NoviMarineBrokers.com SERVICES TO BE PROVIDED MAY BE INCORRECT, OR MAY BE PUBLICLY AVAILABLE, OR MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, ERRORS AND OMISSIONS MADE IN UPLOADING LISTING DATA, FAILURE OF TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, POWER FAILURES, SYSTEM OR SERVER FAILURE, TRAVEL DELAYS, INTERNET FAILURE, HACKERS, AND ACTIONS AND OMISSIONS OF THIRD PARTIES.
3. LIMITATION ON LIABILITY. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF NoviMarineBrokers.com SERVICES AND LISTING SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY NoviMarineBrokers.com OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NoviMarineBrokers.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE NoviMarineBrokers.com SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USAGE, OR NEGLIGENCE OF NoviMarineBrokers.com OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS.
4. Bidder Services. NoviMarineBrokers.com offers Buyers the opportunity to participate online as bidders in live Reserve Bidding and to compete with other online bidders and traditional on-site bidders ("Bidder Services"). NoviMarineBrokers.com reserves the right, in our sole discretion, to add, delete or change some or all of our services at any time without notice.
5. General Eligibility for Bidder Services. Because Buyers using Bidder Services may enter into binding legal agreements to purchase goods or services being listed, you must be able to form a legally binding contract under applicable law to use NoviMarineBrokers.com Bidder Services and software. As a result, and without limiting the generality of the foregoing, NoviMarineBrokers.com's services are not available to minors.
6. Eligibility for Specific Listings. Sellers may have different standards for approving individual Reserve Bidding participants, you may be required to apply for and obtain approval to participate in a specific Reserve Bidding. Approval to participate in one Reserve Bidding listing does not guarantee approval to participate in any other Reserve Bidding. NoviMarineBrokers.com reserves the right to refuse to approve any person applying to participate in any Reserve Bidding.
7. Reserve Bidding Dates and Times. Reserve Bidding dates and times are set by the Seller and are subject to change without notice.
8. Bidder Information. Bidder Information includes any information you provide to us during the registration or bidding, in any public message area or through any email feature. You hereby represent and warrant that your Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
9. Bids. By placing a successful bid, you are entering a binding agreement between yourself, the Seller, and Novi Marine Brokers. Bids for a particular item are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. Once accepted, bids may not be retracted or cancelled and, upon acceptance, constitute a binding agreement between the Buyer, Seller, and Novi Marine Brokers. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by SMS or e-mail. Reserve bid amounts are displayed at the discretion of the Seller.
10. Taxes/ Buyer'™s Premium/ Commissions. You are responsible for any taxes, buyer'™s premium and commission charges applicable to the purchase of goods or services obtained through the use of Bidder Services.
11. Reserve Bidding Data. You hereby agree not to record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of Bidder Services (collectively, "Listing Data"). NoviMarineBrokers.com owns all right title and interest in and to all Listing Data, including all intellectual property rights therein and thereto.
12. Termination. Without limiting any other remedies, NoviMarineBrokers.com reserves the right to terminate your use of Bidder Services at its sole discretion.
13. No Agency. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and NoviMarineBrokers.com.
14. Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to NoviMarineBrokers.com during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
15. Governing Law and Language. This Agreement will be governed and construed in accordance with the laws of Nova Scotia and the laws of Canada applicable therein. All parties agree that any claim under this Agreement shall be brought in a court of competent jurisdiction in Nova Scotia.
21. Assignment. You will not assign or transfer this Agreement, or any of its rights and obligations hereunder without NoviMarineBrokers.com'™s prior written consent.
22. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact NoviMarineBrokers.com for any reason, please call (866) 303-6684 or fax (902) 742-6539.
Where does NoviMarineBrokers.com collect information?
We collect information from many areas on our platforms. These include when you register with any or all of the platforms in order to participate in our services, submit a form or e-mail requesting information, and whenever you subscribe to our Newsletter, enter a competition, complete a questionnaire, leave comments in the Feedback or Contact sections which are available throughout the platforms.
What information does NoviMarineBrokers.com collect?
The types of personal information we may gather among the different areas of the platforms may include the following: your name, contact name, billing address, shipping address, phone number, fax number, e-mail address, relevant password, User ID, credit card information.
We also automatically track certain information about you just in the course of using our platforms. This information includes the URL that you just came from and the URL you go to next, the browser you are using and your IP address. This information is gathered for system administration and to report aggregate information to our advertisers. It is common practice for most websites to collect this information automatically. We do not gather personally identifiable information from this type of user tracking.
How does NoviMarineBrokers.com use your information?
In areas that require you to submit personal information such as our registration form, this is to allow you to participate in certain offerings such as online bidding services. For a full account of the use of personally identifying information, please see the sections below: "Who does NoviMarineBrokers.com disclose your information to?" and the section "NoviMarineBrokers.com only discloses personal information in limited circumstances as outlined in the following sections."
Cookies are used to measure certain traffic patterns, such as which area of novimarinebrokers.com you have visited, and your visiting patterns in the aggregate.
Your information is important for NoviMarineBrokers.com for internal purposes. It helps us analyze, improve and tailor our platforms to meet your needs. More specifically, NoviMarineBrokers.com may use your information to analyze site usage, to help in developing our marketing and public relations, and to improve the site's content, commercial offerings, layout and usability. If we reveal any user information for marketing or PR purposes, it is only in aggregate form and no personally identifying information that could be specifically tied to an individual is ever revealed in these circumstances.
Who does NoviMarineBrokers.com disclose your information to?
We do not sell or rent any personally identifiable information about our users to any third party. For the purpose of advertising, visitor and user information is aggregated for reporting to advertisers and prospective partners. However, in these situations, we never disclose to these entities any information that could be used to personally identify you, such as your name, address, User ID, password, and credit card number.
Except as described in the areas listed above, NoviMarineBrokers.com will only disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Web site.
When and how does NoviMarineBrokers.com contact Users?
We will contact you by email, SMS, phone or fax in the following circumstances: (1) To confirm your registration on our site, (2) to confirm any bids you place, (3) if you are the winner of a competition on novimarinebrokers.com, (4) if a problem arises with your account, (5) we may contact you from time to time to ask for specific feedback on the site, (6) in response to a direct enquiry or suggestion from you, or (7) if you are outbid. NoviMarineBrokers.com may use your e-mail address and, where applicable, your mailing address, to contact you regarding administrative notices from time to time.
Where can you change or update your information on the site?
Registered Users may change their information in the following instances: If you need to change your password for any reason, please email email@example.com including 'Forgot Password' in the subject line. If you need to update or change your registration information, please send a request to firstname.lastname@example.org.
Security is of upmost importance to NoviMarineBrokers.com. In order to demonstrate our commitment to security of your personal information we strictly limit access to any information of a private or personal nature received in the company through use of passwords and Usernames.
We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email.
IP addresses are not linked to any personally identified information. Please note that we use credit card information only to verify your account when you register with novimarinebrokers.com. It is sent over our secure server using SSL Technology, industry-wide encryption software.
How can you be responsible for your information?
While some commercial fishermen don't mind paying commission to a broker, our customers love the fact we give them different options to choose from.
Some choices involve commission, and some don't. We believe that if you decide to sell your commercial boat and bypass the broker altogether, that's your business. If you want our help along the way, we're here.
When it comes to selling,
the choice is yours.