'Buy Dad a Day' On-line Auction Rules
Access to and participation by you ("You") in the annual 'Buy Dad a Day' Auction is confirmation that You understand and accept these rules (the "Rules").
If specific terms ("Specific Terms") are contained in the description for an individual auction item ("Item"), then those terms apply in addition to these Rules.
If You do not agree with the Rules, do not take part in the Auction. If You do not agree with any Specific Terms for an Item, do not bid for that Item.
1 Addenbrooke's Charitable Trust
1.1 All of the net proceeds of all auctions conducted on the 'Buy Dad a Day' website will be donated to Addenbrooke's Charitable Trust, a charitable trust that is administered by, and contracts through, the Incorporated Trustees of the Addenbrooke's Charitable Trust ("ACT, We, Us, Our"). We intend to use the funds for men's health programmes. If for any reason the funds cannot be used for those programmes or if there are surplus funds, ACT will use the funds for its general charitable purposes.
1.2 ACT is registered as a charity with the Charity Commission in England and Wales with number 1048868.
1.3 ACT operates from Addenbrooke's Hospital, Hills Road, Cambridge CB2 0QQ, United Kingdom.
1.4 ACT can be contacted by telephone on 01223 217757 or by email at act@addenbrookes.nhs.uk
1.5 ACT is a member of the Fundraising Standards Board and adheres to a strict set of codes and a Fundraising Promise committing ACT to act with respect, fairness, honesty and clarity in all its money raising activities. Further details are available at http://www.frsb.org.uk/
2 Items, Donors and Purpose
2.1 Third parties ("Donors") have donated free of charge all of the Items that are offered for auction.
2.2 The sole purpose of the auction is to raise funds for ACT.
3 Duration
3.1 The auction will run once per year.
3.2 In 2009, the auction will commence at 09.00 on 06 May 2009, and will end at 17.00 on 17 June 2009.
4 Eligibility
4.1 The Website is only intended for use by people resident in the United Kingdom. We make no representation that the Website or its content is appropriate or available for use in locations outside of the United Kingdom, and accessing the Website is prohibited in territories where such content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with any applicable local laws.
4.2 In all cases You must be at least 18 years of age (or such other age, if greater, as may be required for us to lawfully contract with You in the jurisdiction in which You are resident).
4.3 If You are bidding on behalf of a business entity, You represent and warrant that You have the authority to bind the entity to these Rules.
4.4 ACT may at its sole discretion and without notice terminate the right of any bidder or user of the website to bid or use the website and will not tolerate any method, mechanism, device or software to affect the proper functioning of the auction and the website.
5 Legal status of bids
5.1 Each placement of a bid will constitute a legal offer and shall be binding on You.
5.2 Bids may not be withdrawn after they are placed. All bids will remain valid until ACT has received payment for the relevant Items.
5.3 Regardless of the location from which the successful bid is placed all contracts shall be deemed to have been concluded in England.
6 Bidding process
6.1 Bids will not be accepted unless they are at least £5 higher than the current highest bid.
6.2 To be the winning bid in the Auction for a specific Item, that bid must be the highest bid and must meet any other additional conditions, such as the reserve, that are specific to each Item in the Auction ('the Winning Bid'). Determination of the Winning Bid will be at the sole discretion of ACT.
6.3 If additional conditions apply to specific Items, they will be published alongside the description of the Items prior to the commencement of the Auction.
6.4 If Your bid is outbid by a higher bid then We will use reasonable endeavours to email You an outbid notice.
6.5 If You are outbid, You can place another bid on the item.
6.6 If Your bid is followed by a higher bid that is later removed by ACT for any reason, ACT may accept Your bid as if the higher bid had never been made.
6.7 If Your bid is successful, ACT will notify You by the email address you provided at time of registration, within 2 working days to confirm the amount of the Winning Bid and details of the relevant Items, and to arrange payment and if necessary, delivery.
6.8 If there is a problem with payment by You of the amount of the Winning Bid, ACT reserves the right to offer the Items to the next highest bidder.
6.9 When ACT has received payment, the relevant Auction will close and all unsuccessful bids will lapse.
6.10 Holders of Winning Bids who renege on their contractual obligation to pay the amount of the Winning Bid may be pursued for the difference between the value of the Winning Bid and value obtained (if any) by ACT on sale of the item in addition to interest at 5% above the base rate of the Bank of England and the related collection costs.
6.11 ACT reserves the right to refuse or remove bids for whatever reason and at any time.
6.12 ACT reserves the right to close the Auction for an Item early or to extend it at any time and at its discretion. An Auction may be cancelled, extended or delayed because of, amongst other things, evidence of sniping, technical difficulties experienced by ACT or issues involving a Donor of the Items (such as any decision by a Donor to remove its Items from an Auction).
6.13 If an Auction for an Item is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
6.14 If there is a dispute between You and another bidder, ACT is under no obligation to become involved in such dispute. You hereby release ACT, its officers, employees and agents and the Donors from any claims, demands or damages arising out of or in connection with any such disputes and/or this website.
7 Items
7.1 Items bought at an Auction are non-refundable and non-exchangeable, save as set out in clause 14 below.
7.2 You acknowledge that all information that is provided as a description of each of the Items is reproduced by ACT in good faith and is consistent with information supplied to ACT. As such, ACT cannot be held responsible for inaccurate or misleading product descriptions.
7.3 ACT shall have the right to substitute Items of a similar description and standard if for any reason the relevant Items are not available or not delivered, or alternatively to refund the amount paid by You, such decision to be at the sole option of ACT.
8 Delivery
8.1 If an Item requires delivery, then the cost of delivery of that Item to a mainland UK address is included in the Winning Bid unless specifically excluded in the description of the Item.
8.2 If an Item requires delivery, a signature may be required.
8.3 Delivery of Items is subject to delivery by the Donor or ACT. Damage to or loss of Items during transit is the responsibility of the organisation that despatches the Item to the Winning Bidder.
9 Payment
9.1 Payment must be received by debit card or credit card.
9.2 Payment must be made within 5 working days of ACT sending You confirmation that Your bid is the Winning Bid. However should you require your prize by Fathers Day (21 June 2009) payment MUST be made within 1 working day of notification.
9.3 Under no circumstances will Items be released to You until payment has been received.
9.4 Late payments will accrue interest at 5% above the base rate of the Bank of England from 5 days after close of the Auction.
10 Currency
10.1 Each Auction will be conducted in pounds Sterling and payment must be received in pounds Sterling. Actual cost to You, if You pay in a different currency, will vary according to the standard exchange rate applied by Your bank on the date of billing.
11 Language
11.1 The language of the Auction and the promotion of the Items for the Auction will be English.
12 VAT
12.1 Although ACT believes that it is exempt from paying VAT for the purposes of the Auctions, if this position should change, the amount of the Winning Bid shall be inclusive of any applicable VAT.
13 Passing of Title
13.1 Property and title in the Items shall not pass to You until You make a Winning Bid and Your payment for the amount of that Winning Bid is processed by ACT.
13.2 Where the Items are services or experiences, ACT will contact You directly by the email address you provided at registration with an electronic gift certificate and details as regards procedures for claiming the services or participating in the experiences.
13.3 If the Items are of a nature that requires delivery, the Items shall be at Your risk as from when the Items are delivered to You.
14 Refund and Exchange of Items
14.1 The Consumer Protection (Distance Selling) Regulations 2000 do not apply to the 'Buy Dad a Day' Auction.
14.2 Any issues arising with Items should in the first instance be notified to the manufacturer where the Item is a good, or to the provider of the service where the Item is a service.
14.3 If Items are goods and are shown to be defective within the meaning set out in section 3 of the Consumer Protection Act 1987 Part 1 then ACT shall refund the amount of the Winning Bid or request that the Donor exchange the Item. You must notify ACT in writing of the relevant defect within 30 days of the Items having been delivered to You if You believe this is the case.
14.4 If Items are shown to be materially and significantly misdescribed, Your sole remedy will be to receive a refund of any payment made by You for the Items provided that the Items have not been used by You. You must notify ACT in writing explaining the misdescription within 10 days of the Items having been delivered to You if You believe this is the case.
14.5 In all other cases, You acknowledge and agree that You will be entitled to neither a refund of the amount of the Winning Bid, nor an exchange of Items, in the event that You should decide that You no longer want the Items.
14.6 You acknowledge that certain of the Items may contain specific refund or warranty conditions which will be included in the description of the Items prior to each auction and that these may legally bind You.
15 Dispute Resolution
15.1 If You have a dispute with ACT arising in relation to the Buy Dad a Day Campaign, You agree to notify ACT of the nature of the dispute as soon as possible at the address set out above.
15.2 If unresolved 30 days after receipt by ACT of the notification, You may request a meeting to be held within 14 days, involving representatives of both parties with authority to resolve the dispute.
15.3 The records and logs of the Auction as produced by ACT's commissioned software provider shall be the definitive record in any dispute.
15.4 Refunds shall be subject to clause 14 and shall be at the sole discretion of ACT.
16 Liability
16.1 ACT endeavours to ensure that the information and other material on this website are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions from this website.
16.2 ACT will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
16.3 Except as specifically set out in this Agreement, ACT makes no representation and expressly excludes all conditions or warranties, expressed or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the Items available, to the full extent permitted by English law.
16.4 ACT shall not be liable for any claims or losses of any nature arising directly or indirectly from any inability by You to access the website because of, amongst other things, technical difficulties experienced by ACT, Donors or the Internet. ACT makes no warranty that the website will meet Your requirements, or that it will be timely, secure or error free.
16.5 ACT shall not in any circumstances be liable in contract or tort (including negligence and breach of statutory duty) for any damage to software, damage to or loss of data, low of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage, howsoever caused or arising in connection with these Rules or Your use of this website, or Items purchased by You.
16.6 Without prejudice to any of the foregoing, You agree that ACT will only be liable for direct loss up to a maximum total of the amount of the Winning Bid in respect of any one incident or series of incidents attributable to the same cause.
16.7 Nothing in these Rules shall purport to exclude Our liability for death or personal injury where such has been caused by Our negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter.
17 Use of Website content
17.1 All Intellectual Property Rights ("IPR") in the appearance and design of the website and the materials and contents displayed on this website shall belong to ACT, except to the extent that all IPR in any advertisements shall remain with the relevant Donors.
17.2 Any information provided on this website may not be disclosed, reproduced, copied or sold for any commercial purpose other than for bidding for Items in the auction. You may not modify, licence, create derivative works from, transfer or sell any information obtained from this website.
18 Links
18.1 ACT assumes no responsibility for the contents of any other websites to which this website has links. As such, ACT shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, Items or services available on such hyperlinked websites, over which ACT has no control. The inclusion of any hyperlinks to such other websites does not mean that ACT endorses the material on those websites or has any association with the owner thereof.
19 Data Protection
19.1 ACT complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, Your personal information will be held confidentially by ACT and will only be used by ACT or disclosed to a third party (such as a Donor or a payment processor) if such use or disclosure is required for the purposes of these Rules or as otherwise instructed by You.
19.2 If necessary, ACT will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to You.
19.3 If You hold a Winning Bid and [choose/chose] to pay by credit, debit card or prepayment card, our website facilitates a direct link between You and the payment processor and You provide Your information directly to them. Credit card information is not stored in the on-line Auction system once the transaction has been processed.
19.4 Where you have selected a username and password which enables you to bid for an Item, you are responsible for keeping these details confidential. We ask you not to share these details with anyone because you must honour any bids made using your username and password.
19.5 When You place a bid You may choose whether You consent to be reminded of this event when it happens again next year, and/or other ACT events.
19.6 If You hold a Winning Bid, ACT may contact you for the purpose of requesting your consent to participate in activities promoting ACT and the Buy Dad a Day campaign.
20 Assignment
20.1 You shall not assign, transfer sub-license, mortgage charge or otherwise dispose of any of its rights, interests or obligations under these Rules to any person or organisation.
21 Severability
21.1 If any provision of these Rules shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from these Rules and rendered ineffective as far as possible without modifying the remaining provisions of these Rules and shall not in any way affect any other circumstances or the validity or enforcement of these Rules.
22 Third Party Rights
22.1 These Rules does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to these Rules.
23 Waiver
1.1 A waiver by either party of a breach of a provision of these Rules shall not be considered as a waiver of a subsequent breach of the same or another provision.
24 Entire Agreement
1.1 These Rules constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Rules, save those expressly set out in these Rules, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Rules save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party.
25 Notices
1.1 All notices and other communications to be sent pursuant to these Rules shall unless otherwise agreed be sent to ACT at the address given above or to You at any of the addresses (including email addresses) notified at time of placing a bid. Notices may be delivered by hand, or sent by post or by email. Any such notice shall be deemed to have been served if delivered, at the time of delivery; if emailed on the first working day after receipt of delivery is acknowledged; or if posted on the second working day after it was put in the post.
26 Limitation
1.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to an Auction or these Rules must be filed within one (1) year after such claim or cause of action arises or be forever barred.
27 Jurisdiction
1.1 These Rules shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction.
