Last Modified: 24 July 2020
This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to you. Please read it carefully.
When you access or use the Digital Platforms, provide your e-mail address to a Salcedo Auctions representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Digital Platforms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
As between you and Salcedo Auctions, Salcedo Auctions owns, solely and exclusively, all rights, titles, and interest in and to the Digital Platforms and all elements thereof, including all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data, and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution, and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title, or interest in any element thereof, and Salcedo Auctions (or our applicable licensors, partners, or affiliates) owns and retains all rights, titles, and interests (including all intellectual property and proprietary rights) therein and thereto.
User Information; Account Registration
We will not knowingly collect personally identifiable information from any person who is actually known to us to be a child under the age of 13. If you are under 13 years of age, please do not use or access the digital platforms at any time or in any manner.
You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
You may register for an account on Salcedo Auctions Websites. We may refuse to accept any application for an account registration or may cancel any account registration at any time, at our sole discretion.
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Salcedo Auctions website. You are responsible for maintaining the confidentiality of any such password, digital signature, and account, and are fully responsible for all activities that occur under your password, digital signature, or account. You agree to (a) immediately notify Salcedo Auctions of any unauthorized use of your password, digital signature, or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Salcedo Auctions cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Use of the Auction or Commerce Portions of the Web Site
The auction or commerce portions of the website are available only to clients of Salcedo Auctions. This includes in all cases minor dependents of the client, as well as any and all parties that may access and/or utilize the client’s computer, tablet, mobile phone, or any device that can access the Digital Platforms. Any transactions made utilizing the client’s account and/or access information will be deemed without any doubt as the responsibility of the said client.
Links to Other Sites
The website may contain links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by Salcedo Auctions of the contents of such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
The materials and content on the website may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, Salcedo Auctions makes no representations about the accuracy, reliability, completeness, or timeliness of the materials and content or about the results to be obtained from using the website and the materials. Any use of the website and materials is at your own risk. Advice received via the website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the website and may be made at any time. Some materials on the website are provided by third parties and Salcedo Auctions shall not be held responsible for any such materials provided by third parties.
You acknowledge and agree that, in the event that there are discrepancies or differences between the descriptions of property provided on the website, on the one hand, and the saleroom catalogue or saleroom addenda and announcements related to such property, on the other, the latter will in all events be considered to be authoritative and controlling.
Salcedo Auctions does not warrant that the website will operate error-free, continuously, or without interruption, or that the website or its server is free of computer viruses or other harmful content. If your use of the website or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
The website and material are provided on an ‘as is’ basis without any warranties of any kind. The company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for a particular purpose. The company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary depending on your jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert, and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the website material and content (including Software), your breach of this Agreement, or your violation of law or of the rights of any third party. Salcedo Auctions shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit, or proceeding.
Linking to the Digital Platforms
You agree that if you include a link from any other website to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read ‘Salcedo Auctions’ in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an ‘in-line’ linking method to cause the image hosted by us to be displayed on another website. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to Salcedo Auctions, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is ‘framed,’ surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other website at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Salcedo Auctions, 6786 Ayala Avenue, Makati City 1229 Philippines.
Orders for Products and Services
We may make certain products and services available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for example, our auction catalogue. Certain products that you bid on, purchase, and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such bidding, purchase, or download.
Limitation of Liability
In no event shall any released party be liable, whether in an action based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to (a) any breach of this agreement, (b) the use of, or the inability to use, the digital platforms or the content, materials, information, functions or products available through the digital platforms, (c) your provision of information via the digital platforms; (d) any inaccuracy or omission concerning any of the information provided on the digital platforms; (e) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the digital platforms, or (f) lost business or lost sales, even if such released party has been advised of the possibility of such damages.
Without limiting the foregoing, any materials, data, text, images, video, audio, or software downloaded or otherwise obtained through the digital platforms are accessed, downloaded, or obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile device or other property that results therefrom or from your use of any such materials.
In no event shall there be any liability on the part of Salcedo Auctions for damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms or use or your use of the digital platforms or the content, materials, information, functions or products available through the digital platforms.
By utilizing the Digital Platforms, in the case of any dispute, you agree to submit, for the benefit of Salcedo Auctions, to the exclusive jurisdiction of the courts in the City of Makati, Philippines, and to waive any objection to the jurisdiction and venue of any such court.
We do not represent or warrant that the Digital Platforms or any content, materials, information, functions, or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Salcedo Auctions, Inc. 6786 Ayala Avenue Makati City, 1229 Philippines
Attn: Website Management