Terms and Conditions

BUYER/DONOR MEMBER USER AGREEMENT

TERMS AND CONDITIONS OF THE WEBSITE

THESE ARE THE TERMS AND CONDITIONS ON WHICH Club Solutions Australia Pty Ltd, ABN 69 160 018 351 and Charity Bid Pty Ltd, ABN 86 165 321 951, OFFER YOU ACCESS TO THE clubbid.com.au and Charitybid.com.au ("Website") AND ITS SERVICES. You must read carefully and agree to accept these terms and conditions before you can become a Member of Club Bid or Charity Bid.

By selecting I AGREE you confirm you have read this policy and that YOU UNCONDITIONALLY ACCEPT THE TERMS AND CONDITIONS detailed within. If you are unable to agree to them, you must not use the Website.

Club Solutions Australia Pty Ltd and Charity Bid Pty Ltd may, at its sole discretion, amend or revise these terms and conditions at any time by updating the text of this page. You are bound by any such amendments or revision and should therefore visit this page periodically to review. Your continued use of the Website or the services provided on the Website following the posting of any amendments will mean that you accept these amendments. All registered Members will be notified of any amendments to our terms and conditions sent to the email address provided by the Member to the Website.

This Agreement was last updated 5 May 2014 and is effective of 9 May 2014, for current users and upon acceptance of new users.


1. DEFINITIONS

Definition of words and phrases.

  • "Agreement" means, for the purpose of this document only, Buyer Member User Agreement. All other agreements provided on this site will be referred to in full.
  • "Auction" means an item offered for sale using an auction style selling format.
  • "Auction with BuyNow Price" means an item offered for sale using an auction style format with an option to purchase immediately at a fixed price set by the Seller.
  • "Bidder" means a person who bids for the item in an auction pursuant to this Agreement.
  • "Buyer" means a Bidder who has made the highest bid in an auction or a person who otherwise places an order with a Seller for an item, pursuant to this Agreement.
  • "Buyer Member" means a registered "Buyer" and/or “Donor”.
  • "BuyNow" means a listing feature that lets a Buyer purchase an item immediately for a fixed price set by the Seller.
  • "Charity" means an incorporated not-for-profit body, entity or association, carrying the same meaning as “Club” for the purpose of this document.
  • "Charity Member" means a registered "Charity", also referred to as “Seller”.
  • "Charity User" means registered "Charity".
  • “Club Bid/Charity Bid” means “Club Bid” solely, “Charity Bid” solely or jointly, also referred to as “Website”.
  • "Club" means an incorporated not-for-profit body, entity or association, carrying the same meaning as “Charity” for the purpose of this document.
  • "Club Member" means a registered "Club", also referred to as “Seller”.
  • "Club User" means a registered "Club".
  • “Donated Item” means an item listed by a Donor.
  • “Donor” means a registered Buyer Member who has listed or intends to list a Donated Item on behalf of a registered Club or Charity (‘the Nominated Club or Charity’).
  • "Donor Member" means a registered "Donor" and/or “Buyer”.
  • “Event” means, for the purpose of this agreement, any ticketed event.
  • “Event Organiser” means the Club or Charity that has listed the Event.
  • "Goods" means any form of tangible personal property.
  • "Item" means a Good, Service or Ticket offered for sale on the Website pursuant to this Agreement.
  • "Member" means a User of the Website, including but not limited to Buyers, Donors and Sellers, and unless the context states otherwise includes you.
  • “Nominated Club or Charity” means a Club or Charity of which a Donor intends to or has listed a Donated Item on behalf of, proceeds of which will be distributed to the Nominated Club or Charity. 
  • "Privacy Law" means all legislation and principles and industry codes or policies, relating to the collection, use, disclosure, storage and granting of access rights to Personal Information.
  • "Relevant Law" means any:

(a)  statute, ordinance, code or other law including regulations and other instruments under them; and

(b)  any code of practice, guidelines or standards issued by relevant regulators or industry bodies, whether or not having the force of law.

  • "Seller" means a Club or Charity offering an item for sale on the Website pursuant to this Agreement.
  • "Services" means any form of intangible activity, trade or business service that has been listed by a Club Member, Charity Member or Donor Member in the Services Category.
  • “Ticketholder” means any individual holding a valid ticket.
  • “Unregistered Ticketholder” means an individual who is holding a valid ticket purchase on their behalf by a registered Member.
  • "User" means "Member".
  • "Website" means Clubbid.com.au, Charitybid.com.au and all Website content including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials. All interface design, development and other services in relation to the creation and maintenance of the Website in the form of PHP, Hypertext Mark-up Language ("HTML") and JAVA.
  • "We, Us and Our" refers to Club Solutions Australia Pty Ltd, ABN 69 160 018 351 ("Club Bid/Charity Bid") the provider Website to you or Charity Bid Pty Ltd, ABN 86 165 321 951.
  • "You and Your" means the Member to whom the Website is provided by Us

2. USER AGREEMENT

To use this Website you must first read and agree to accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Club Bid or Charity Bid.


This User Agreement shall override any contrary terms or conditions published by Us or appearing on this Website pertaining to Members.


3. ELIGIBILITY FOR MEMBERSHIP

(a)     BUYER MEMBER ("Buyer")

Becoming a Buyer on the Website is free. We do not charge Buyers for joining as a Member, nor for bidding on items.

You may only register as a Buyer if you are a resident in Australia and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a Buyer, you warrant that you can form a legally binding contract.

When registering you must ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of Our policies. You may not use a term that could be confused with someone else's trademark or brand, unless you have authority from the trademark owner. You may not use a User ID that represents an email address or web site address (URL).

We in our absolute discretion reserve the right to refuse, suspend or terminate the membership of any Member without notice or compensation.

As a Buyer Member you are also registering as a Donor Member. If you are unable agree to the terms and conditions specifically applicable to Donor Members, you may use this site but only for the purpose of bidding and buying. You must not donate an Item.

 

(b)  DONOR MEMBER ("Donor")

Becoming a Donor on the Website is free. We do not charge Donors for joining as a Member or listed a Donated Item.

You may only register as a Donor if you are a resident in Australia and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a Donor, you warrant that you can form a legally binding contract.

When registering you must ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of Our policies. You may not use a term that could be confused with someone else's trademark or brand, unless you have authority from the trademark owner. You may not use a User ID that represents an email address or web site address (URL).

We in our absolute discretion reserve the right to refuse, suspend or terminate the membership of any Member without notice or compensation.

As a Donor Member you are also registering as a Buyer Member. If you are unable agree to the terms and conditions specifically applicable to Buyer Members, you may use this site but only for the purpose of donating Items. You must not bid or buy any Items.

In addition to the terms and conditions details below all Donor Members must also read and agree to Our Shipping & Delivery Policy, Restricted & Prohibited Items Policy and Privacy Policy.


4. FUNCTION OF CLUB BID/CHARITY BID (“the Website”)

The Website is a platform for Members to offer, sell or buy Items. We are not auctioneers.

No warranty for goods offered

You acknowledge that We do not see or examine Items that are listed for sale and have no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. To the full extent permitted by law, We will not accept or assume any liability whatsoever in respect to the Item.

No warranty of completion of sale

You acknowledge that We make no representation as to the ownership of title in Items or as to the ability of either a Buyer, Seller or Donor to complete a transaction. Further, We do not warrant to any party that any Seller, Donor or Buyer will complete the sale or purchase of any Item.


No warranty of identity of persons

You acknowledge that We cannot and do not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or competent authority or source, for the purpose of evaluating the person with whom you are dealing. We take no responsibility for any action or omission of any User.


No warranty as to accuracy of information

You acknowledge that We do not control the information provided by other Users which is made available through this Site. We therefore make no warranty as to the accuracy of any information provided by any person through the use of the Services.

To the full extent permitted by law, We do not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.


Release of Club Bid/Charity Bid

In the case of any dispute between Users or any dispute arising from the use of the Website, We shall (to the full extent permitted by law) be released from all liability claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

To the extent that any liability of Us in connection with the supply of goods or services cannot be excluded, then, to the full extent permitted by law, that liability is limited, at Our option, to (i) replacing or repairing the relevant goods, (ii) supplying goods equivalent to the relevant goods, (iii) supplying the relevant services again or (iv) paying the cost of such replacement, repairs or supply.


Costs of Club Bid/Charity Bid

If We are required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by Us in connection with the provision of such service, including Our costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).

For the purposes of this clause, the term “We, Us, Our” will mean Club Solutions Australia Pty Ltd, Charity Bid Pty Ltd, Club Bid, Charity Bid, its officers, employees, contractors and agents, whether individually or collectively.

This clause will survive the expiration or termination of this User Agreement.

There is no contract of sale between Us and you, whether you are the Buyer, Donor, a Club or a Charity. In the event that a bid is accepted by the Club, Charity or Donor, a contract of sale will be formed directly between and Buyer and the Club, Charity or Donor. We do not act as an agent for either party.

 

5. PROVISIONS RELATING TO BUYER MEMBERS

Your obligations as a Buyer Member:

(a)    If you, as a Bidder, have been notified that your bid has been successful at the end of the auction, or, in respect of a BuyNow sale you issue a purchase order with a fixed price, you must complete the transaction in the manner specified unless you have a good reason to suspect that the Club, Charity or Donor is not who they purport to be. By making a bid or other offer to purchase, you warrant and represent to the Club, Charity or Donor that you have the legal right to enter into and complete the transaction.

(b)  The Buyer shall contact the Club, Charity or Donor at the end of the auction or upon other sale with a view to making arrangements for the completion of the transaction.

(c)  You must pay Us the total due once the total due is confirmed by the Club, Charity or Donor.

(d)  You must mark the item off as received upon receipt of item or confirmation of service date. All items will be automatically marked off as received, and thus completing the transaction, 14 days after shipment. You must contact the Club, Charity or Donor should the item not be received within 3 days of shipment. There will be no remedy or recourse via Us, the Club, Charity or Donor should contact not be made to the Club, Charity or Donor within this 14 day period.     

 

6. PROVISION RELATING TO DONORS

Your obligations as a Donor Member (“Donor”).

(a)     If you are a Donor, you must ensure that the Item being offered for sale is accurately described and available in sufficient quantity. By listing an Item, you are making an irrevocable offer to sell at or above your start price to the Buyer unless:

i. you have good reason to suspect that the Buyer is not who they purport to be; or

ii. the Buyer fails to meet the terms of payment as stipulated by you in your listing.

 

(b)     Forbidden Dealings.

In respect of an auction, you shall not:

 i. email or contact by any other means the Bidder in an open auction being run by a different Club, Charity or Donor, offering similar or the same Items at any price level;

 ii. manipulate the price of the Item offered by you, either by using a secondary account, an alias or third party or by self-bidding.

 

(c) You shall not offer for sale any Item:

i. which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances;

ii. which is within the Website's Restricted & Prohibited Items List or which is in contravention of any law or regulations governing the sale of the same;

iii. which is within the Nominated Club or Charity's terms and conditions including restricted  or prohibited listings;

iv.  the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise;

v. which contains defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise;

vi.  which is obscene or contains child pornography.

 

(d)     By offering the Item for sale on this Website, you, as Donor, are warranting and undertaking to Us, the Nominated Club or Charity and all Buyers that:

i. you do not and will not engage in any forbidden dealings;

ii. the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography; (3) contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (4) contain any hyperlinks unless permitted by Us;

iii.  the Items offered by you are not within the Restricted & Prohibited Item List or in breach of Our or the Nominated Club or Charities terms and conditions;

iv. you will not list or offer or sell any Item which, by paying to Us any Fees, could cause Us to violate any applicable law, statute, ordinance or regulation.

(e)  In using the Website, you must not create any link directly or indirectly to any Website other than the Website:

 i. that offers goods, services or tickets that are prohibited under this Agreement;

 ii. where that other Website lists the exact Item that you propose to sell;

 iii. that you do not otherwise have a right to link to or include.

 

(f)      Selling outside the Website:

 i.  You may not use the Website to conduct transactions outside the Website.
You may not include in your listing description, suggestions to conduct transactions outside the Website.

ii.  If you offer a potential Buyer another item it must be listed and not finalised outside the Website.

 

(g)  Editing Goods or Services Listing:

 i. If you have made a mistake or error in your listing you may only do so if the item has not been first approved by the Nominated Club or Charity.

ii. If the item has been approved or a bid has been placed and you detect a mistake or error you must make a request in writing for the item to be amended, noting amendment required and reasoning. Should the amendment be deemed to have a material impact on the listing We reserve the right under this Agreement to withdraw the item. Your request will be confirmed via email once amended or retracted. If applicable the highest bidder will also be informed of any variations and reasons via email.

iii.  all written requests must be made at minimum 2 working days prior to auction end.

iv. An Auction Variation Fee of $20.00 is payable by the Donor should We be required to amend or retract an item on your behalf.

 

(h)     Withdrawing a Goods or Services Auction:

 i.  If you wish to withdraw or delete an auction item you may only do so if no bids have been placed.

 ii. If a bid has been placed and you wish to withdraw an item, you must make a request in writing for the item to be withdrawn, noting reasoning for withdrawal. Your request will be confirmed via email once retracted. The highest bidder will also be informed via email.

 iii. All written request must be made at minimum 2 working days prior to auction end.

 iv. An Auction Variation Fee of $20.00 is payable by the Donor should We be required to amend or retract an item on your behalf.


We shall have the absolute and unfettered right to reject, remove or withdraw any information, materials or items supplied by you without notice or compensation to the Club, Charity, Donor or prospective Buyer. Without derogating from this right, We shall have this right if we consider that the information or material, if published or continued to be published, would cause Us to incur any liability to third parties or would cause Us to be in breach of any law or regulations of any competent jurisdiction or rights of third parties or in breach of any of Our Policies.

In addition to the terms and conditions contained within this agreement as a Donor Members you must also read and agree to Our Shipping & Delivery Policy, Restricted & Prohibited Items Policy and Privacy Policy.

 

7. PROVISIONS RELATING TO AUCTION AND BUYNOW

(a) Your obligations for listing Services

If a listed Service is purchased by a Buyer Member, arrangements to carry out the Service will be formed between the Club, Charity or Donor and the Buyer Member. We do not act as an agent for either party to the arrangement and resulting transaction.

The activity, trade or business service listed by the Club, Charity or Donor must be completed within 60 days of purchase. An alternate agreement may be made between the Buyer and the Club, Charity or Donor beyond the 60 day expiration period however there will be no remedy or recourse via Us beyond this date.

By bidding on an item to receive Services, a Buyer Member warrants and represents that they have the legal right to enter into and complete the transaction.

See Restricted & Prohibited Items for condition of listed Services.

 

(b)  Bids are not retractable.

Bids are not retractable by the Bidder except in the following exceptional circumstances:

i. with the Club, Charity or Donor agreement before the selling period ends; or

ii. a breach in policy by the Club, Charity or Donor after a bid has been placed.


Subject to the above should We be required to retract a bid on behalf of the Bidder, the request must be made in writing a minimum of 2 working days prior to auction end. We will confirm the retraction via email and an email will also be sent to the next highest bidder confirming they are now the new highest bidder. A $20.00 Bid Retraction Fee will be payable by the Member requesting the retraction.

 

(c)  Forbidden bidding.

You shall not manipulate the price of the Item by using a secondary account, an alias or third party to bid for the Item (this includes shill bidding and other forms of fraudulent activity).

 

(d)   Unpaid Items

If a Buyer does not pay for an item within three (3) days and the Club, Charity or Donor has not received notice of payment within five (5) working days, the Club, Charity or Donor must contact the Buyer direct to resolve. If payment is still not made or an agreement reached with the Club, Charity or Donor, the Club, Charity or Donor can report the item as unpaid and We may authorise the Club, Charity or Donor to offer items to the second highest bidder or relist the item.

As the Buyer Member of an unpaid item, We reserve the right to restrict or terminate membership without notice or compensation. A minimum fee of $20.00 or up to 10% of the final sale price may be payable to reinstate your Buyer Membership.

 

(e)   Returns and Refunds

The Item sold may or may not be returned depending on your agreement with the Club, Charity or Donor. All requests for return of the Item shall be made directly to the Club, Charity or Donor concerned and We shall not be responsible for processing such requests.

 

(f)   Delivery and Shipping.

The method of delivery is based on the arrangements set by the Club, Charity or Donor. The Item may be collected by the Buyer or be delivered to the Buyer by Australian Post, courier or other method specified by the Club, Charity or Donor. Please refer to the description and postage Instructions of the Item. The final price is inclusive of postage unless otherwise detailed by the Club, Charity or Donor.

 

8. PROVISION RELATING TO TICKETING

(a)   Your obligations for listing Tickets

If tickets to a listed Event are purchased by a Buyer Member, arrangements to carry out the Event will be formed between the Event Organiser, the Buyer Member and any Unregistered Ticketholders.

We do not act as an agent for either party to the arrangement and resulting transaction. We are not the manager, organiser, promoter, producer or venue operator of any event on this Website. We are merely an online ticketing agent for and on behalf of the Event Organiser.

We are not responsible for or liable for any acts or omissions in respect to the operation, staging, performance or non-performance of any Event.

The Event Organiser may impose additional terms and conditions of entry to the Event. The purchasing Buyer Member is responsible to ensure they and all Unregistered Ticketholders to whom they have purchased tickets for, are aware of Our Terms and Conditions as well as those imposed by the Event Organiser.

By purchasing tickets, a Buyer Member warrants and represents that they have the legal right to enter into and complete the transaction.

 

(b)  Unpaid Tickets

If a Buyer does not pay for the tickets immediately preceding the order, the purchase will be cancelled and tickets immediately relisted.

 

(c)  Refund and Cancellation

Nothing in Our Terms & Conditions are intended to limit or exclude any Buyer rights, guarantees or remedies under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time.

All ticket purchases are final. No refunds or exchanges will be issued in the case that the Buyer or any Ticketholders changes their mind or make a mistake with their purchase. Any requests must be made directly to the Event Organiser concerned only. We shall not be responsible for processing such requests.

In the case of an Event cancellation or change of date or location, replacement tickets or refunds will be provided to patrons who have purchased tickets for the cancelled or changed event. All requested shall be made directly to the Event Organiser concerned. Refunds will be issued by the Event Organiser only.  Fees in relation to concluded transactions, including transaction and payment processing fees are non-refundable.

The Buyer is responsible for checking the age minimum for the event. No refunds will be processed for patrons who are denied entry due to not having valid identification for admittance to an age restricted performance.

The Event Organiser reserves the right to add, withdraw or substitute artists, other than the primary artist, use understudies, vary the advertised program, seating arrangements and audience capacity and deny admission with reasonable cause including, without limitation, intoxication, unsociable behaviour, failing to observe lawful directions, possession of invalid or insufficient tickets or ID, health and safety precautions.

 

(d)  Scalping

Buyers are restricted from re-selling or offering any ticket to the Event at a premium or to use any of the tickets for advertising, promotional or other commercial purposes (including competitions) without the prior written consent of the Event Organiser. If a ticket has been sold or used in contravention of these conditions, the bearer of the ticket may be denied admission to the event.

 

(e)    Photographic/AV Equipment

The Event Organiser reserves the right to prevent patrons from entering with any photographic, audio or video equipment into any Event. Ticketholders are not permitted to broadcast or narrowcast by any means whatsoever (including, without limitation, by way of mobile telephone, modem or other wireless device) any images, sounds, data, results or commentary of or concerning any event without prior written consent of the Event Organiser. The Event Organiser will state within the event details should mobile telephones not be permitted.

 

(f)    Delivery Methods

All tickets will be sent to the email address entered by the Buyer during the purchase process. The ticket contains a unique code that can only be used once for entry on a first-used first-in basis. Should multiple tickets be purchased by the Buyer an email will be sent with a unique code to each individual Ticketholder.

The Event Organiser may ask each Ticketholder to present valid picture identification when attending the event to be granted admission. This identification must match that on the ticket. No refunds will be processed for Ticketholders who do not have valid identification and are denied entry. If Tickets are purchased for other people, not individually identified on the ticket, the Buyer must be in attendance upon entry.    

 

9. ITEM QUESTIONS AND ANSWERS

Use of the item question and answer system 

(a)  You shall use the question and answer system to ask genuine and bona fide questions with the Club, Charity or Donor related to the listed item only. You shall not take any actions which may undermine the integrity of the system.

(b)  When using the system you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through the Website any materials that (i) interfere with anyone else's use of this Website; (ii) are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way; (iii) encourage anyone to trade outside of the Website; (iv) encourage anyone to break the law; (v) violate anyone's copyright or other intellectual or other property right; (vi) interfere with the privacy of any other use; (vii) contain a virus or other harmful component; (viii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; (ix) advertise a Website; or (x) breach any of the Website's policies or rules.

 

Our disclaimer in respect of questions and answer, and other Member supplied materials

(c)   We do not and are under no obligation to monitor or review the questions and answers discussions, postings, transmissions and the messages posted or sent through or on the Website and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against Us for defamation, libel or whatsoever arising out of any such communication. We may reject or remove your material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request you to make suitable amendments in order to comply with the terms herein, and We reserve the right to claim damages and or apply for other legal remedies in relation thereto.

 

10. RESTRICTED USE

Unless We agree otherwise in writing, you are provided with access to the Website only for your personal use or the use of your Club or Charity as a registered not-for-profit entity. Without limiting the foregoing, you may not without Our written permission on-sell or otherwise on-transmit information obtained from this Website.

 

11. SECURITY INFORMATION 

Data transmission over the internet cannot be guaranteed as totally secure. We do not warrant to you and cannot ensure the security of any information which you transmit to it.

Accordingly, any information which you transmit to the Website is transmitted at your own risk. Nevertheless, once the Website receives your transmission, it will take reasonable steps to preserve the security of such information.

See Privacy Policy for details relating to Credit Card Security.


12. PROCESSING & TECHNICAL ERRORS

In the event of errors in processing, Website downtime or any other errors or delays caused to the Website as a result of unforeseen technical difficulties associated with our servers, data hosting centre, internet service provider or any other reason, We reserve the right to, prior to, during, or after, the original time set for conclusion of the online auction:

  • decide to extend an online auction for a period of time (determined at our discretion);
  • decide to extend an online auction for a period of time (determined at our discretion) and the extended auction can include the previous auctions bidding history;
  • decide to re-open an online auction for a period of time - to be determined at our discretion;
  • retract any Winning Bidders emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,
  • void that entire online auction transaction and open the auction again at the original start prices

We do not warrant to you that the services will be available at all times or at any specific times nor is it responsible in the event a transaction is not processed due to technical difficulties affecting the Website function. This includes access and use of the staging Website which is used for testing only. No bids will be accepted on the staging Website. 

 

13. NO WARRANTIES

We provided this Website on an "as-is" basis and the only obligations on Us are set out in this Agreement.


To the full extent permitted by law:

(a)   We will be under no liability to you in respect of any loss or damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Website or in respect of a failure or omission on the part of a Seller or Donor to complete a sale;

(b)   We give no warranty or condition, express or implied other than those expressly set out herein;

(c)   We do not warrant that the functions contained in this Website and the services provided will be uninterrupted or error free, that defects will be corrected, or that this Website or its servers are free of viruses or other harmful components;

(d)  We do not warrant or make any representations regarding the use or the results of the use of this Site; and

(e)  We expressly exclude all guarantees, terms, representations and warranties that would otherwise arise or be implied by law in respect of any Item. 

The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and We give no warranty, expressed or implied, in connection with such facilities. To the full extent permitted by law, We will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

 

14. PRIVACY

We have a Privacy Policy which applied to all Members and is incorporated into this User Agreement by reference. Our current Privacy Policy is available below. You must read and accept the Privacy Policy as part of your acceptance of this Agreement. As with this Agreement you will continue to be bound by the Our Privacy Policy while you are a Member.


Privacy Policy is available here.


15. COPYRIGHT

Copyright of this Website (including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials) is owned and operated by Club Solutions Australia Pty Ltd (“Club Bid/Charity Bid”). You may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Website; or commercialise any information, products or services obtained from any part of this Website without prior written permission from Us.


16. RELEASE & INDEMNITY

You agree to release Us from any claims, demands or damages arising from any disputes. Our services are provided without warranty of any kind either express or implied and you are aware from time to time we may not be able to provide continuous service due to reasons outside our control.


You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless against any claims or demands, losses and damages of whatsoever nature, including legal fees and costs, made against Us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using Our services. You agree to be responsible for your own actions.


17. GENERAL PROVISIONS

System Integrity

You must not:

(a)   use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any auction being conducted on this Website;

(b)  take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Website;

(c)  disclose or share your password to any third parties or use his/her password for any unauthorised purpose.

 

Disputes

As We are not a party to any sale or transaction between you and another Member, including Club, Charity, Donor and Buyer Members, you agree not to involve, or attempt to involve, Us in any dispute or in the resolution of disputes that arise between you and another Member as a result of the services provided by the Website, other than as provided within the Agreement.

A dispute resolution process may be entered into with Us to assist to resolve a dispute however this is entered into with full adherence to this Agreement. This is achieved by contacting Us via the Website.


General Compliance with Laws

You must comply with all laws and regulations and you agree not to violate the Broadcasting Services Act 1992 or the Trade Practices Act 1994 or any of The Department of Fair Trading Legislation or any other legislation, and that you are personally responsible for your activities when using the Website, AND YOU AGREE TO COMPLY WITH THE LAW AND CLUB BID & CHARITY BID'S MEMBER USER AGREEMENT AND PRIVACY POLICY.


No Agency

We are not your agent for any purpose in relation to this Agreement or your use of Our services.


No Waiver

A provision of this Agreement or a right created under it may not be waived except in writing signed by Us and any parties aforementioned in this Agreement subject to the waiver.


Partial Invalidity

If any provision of this Agreement is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, the provision must be read down to the extent it can be to save it, but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it, but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.


Entire Agreement

This Agreement constitutes the entire Agreement in respect of the subject matter of this Agreement and supersedes all prior discussions, undertakings and deeds.

 

Conduct

Members are not to assume that the practices or conduct of other Members that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. We do not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.


We do not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Website. Please do not assume that such items offered will be harmless to people or property.


Notices

Except as explicitly stated otherwise, any notices shall be given by way of email. In respect to Members, notices shall be deemed as given if sent to the email address provided by the Member to the Website during the registration process or such other address as the Member shall specify.

 

Alternatively, We may give notice to Club or Charity Members by pre-paid ordinary post to the address provided to Us during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.


Force Majeure

Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labour disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond the reasonable control of the party in question.


Currency

All auction fees and item prices are in Australian Dollars (AUD).


18. GOVERNING LAW AND JURISDICTION 

This Agreement is governed by the laws of Victoria.


Termination

We, in its absolute discretion reserve the right to terminate this Agreement, your membership and your access to this Website at any time without notice. Where this Agreement is terminated, those clauses capable of surviving such termination shall do so.