Play For A Cure Online Auction
Terms and Conditions
Welcome to the Play For A Cure Online Auction. These Terms and Conditions set out the rules which are applicable to your participation in the Play For A Cure Online Auction.
You should ensure that you read these Terms and Conditions carefully. Your participation in the Play For A Cure Online Auction constitutes your deemed acceptance of these Terms and Conditions.
Play For A Cure reserves the right to change these Terms and Conditions from time to time. Play For A Cure recommends that you review these Terms and Conditions periodically to check for any changes.
1.1 In these Terms and Conditions:
(1) Auction means an online auction conducted by Play For A Cure on the Website;
(2) Auction Item means a product or service offered for sale through an Auction;
(3) Auction Period means the term of an Auction;
(4) Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;
(5) Bid means an offer by a Bidder to purchase an Auction Item;
(6) Bidder means an individual person or corporate entity who participates in an Auction by placing a Bid;
(7) Brisbane District means all of the suburbs falling under the municipality of the Brisbane City Council;
(8) Eligible Persons means a person who meets the eligibility criteria set out in condition 2.1;
(9) Highest Bid means the highest dollar Bid for an Auction Item as specified on the Website throughout the Auction Period;
(10) Personal Information has the same meaning as under the Privacy Act 1988 (Cth);
(11) Play For A Cure means Play For A Cure Ltd ACN 147 376 547;
(12) Play For A Cure Online Auction means the Play For A Cure Online Auction comprising the Auctions conducted by Play For A Cure;
(13) Registered Ebay User means a person who has registered as a user on the website www.ebay.com.au;
(14) Reserve Price means the minimum Bid for each Auction Item as specified by Play For A Cure on the Website;
(15) Successful Bidder means the Bidder who has submitted the Highest Bid at the end of the Auction Period;
(16) Terms and Conditions means the terms and conditions set out in this document; and
(17) Website means the Play For A Cure Online Auction Website at www.playforacure.com.au/auction-page/.
2.1 Subject to condition 2.2, eligibility to participate in the Play For A Cure Online Auction is limited to all Australian residents, including Australian corporate entities, who can form legally binding contacts under Australian law and are Registered Ebay Users. For the avoidance of doubt, individuals under the age of 18 years are not eligible to participate in the Play For A Cure Online Auction.
2.2 Employees of Play For A Cure and their immediate families and employees are ineligible to enter the Play For A Cure Online Auction.
3 Acceptance of Terms and Conditions
3.1 By submitting a Bid in an Auction, Bidders represent that they have read, and agree to be bound by, these Terms and Conditions.
4 Auction Items
4.1 The Auction Items will be determined by Play For A Cure in its absolute discretion and will be specified on the Website during the relevant Auction Period.
4.2 It is the Bidder’s responsibility to evaluate the accuracy and completeness of any description of an Auction Item on the Website and the merchantability and fitness for purpose of any Auction Item prior to placing their Bid.
4.3 Play For A Cure takes no responsibility for an Auction Item that is incorrectly described on the Website.
5 Auction Period
5.1 Each Auction Period will be determined by Play For A Cure.
5.2 Play For A Cure will display the remaining time for each Auction on the Website.
5.3 Play For A Cure reserves the right to extend an Auction Period in its absolute discretion.
6 How to Bid
6.1 Only Eligible Persons may place a Bid for an Auction Item via the Website.
6.2 All Bids must be submitted in Australian dollars and must be greater than the Reserve Price and the Highest Bid displayed on the Website at the time the Bid is placed. All Bids are inclusive of GST.
6.3 Each Bid will represent the amount that the Bidder is willing to offer to pay for the Auction Item.
6.4 Once a Bid has been submitted, the Bidder will receive a notification by email that their Bid has been successfully lodged in the database and that it is currently the Highest Bid. Bidders will also be sent a notification by email upon their Bid being out-bided by another Bidder.
6.5 There is no limit on the number of Bids an Eligible Person may place on an Auction Item.
6.6 All Bids are processed in the order that they are received by Play For A Cure in the database. Play For A Cure accepts no responsibility for any late, delayed or misdirected Bids as a result of technical disruptions or for any other reason.
6.7 Play For A Cure reserves the right to change the Bid increment in its absolute discretion.
7 Offer and Acceptance
7.1 By placing a Bid in an Auction, the Bidder is offering to buy the Auction Item at that Bid.
7.2 If the Bidder is declared the Successful Bidder for that Auction Item in accordance with condition 8.1 and Play For A Cure accepts the Bidder’s offer, a legally biding contract will arise between the Successful Bidder and Play For A Cure for the Successful Bidder to purchase the Auction Item from Play For A Cure at the Successful Bidder’s last Bid.
8 Successful bidders
8.1 The Bidder who has placed the Highest Bid at the end of the Auction Period will be declared the Successful Bidder.
8.2 The Successful Bidder will receive an email confirmation and/or a telephone call within 2 Business Days after the end of the Auction Period advising them that they are the Successful Bidder and confirming Play For A Cure’s acceptance of the Successful Bidder’s offer to buy the Auction Item at the Successful Bidder’s last Bid.
9 Payment for goods
9.1 Unless otherwise agreed between Play For A Cure and the Successful Bidder, the Successful Bidder must provide full payment for the Auction Item to Play For A Cure within 5 Business Days after notification of Play For A Cure’s acceptance of its offer in accordance with condition 8.2.
9.2 Payment for the Auction Item must be made by way of PayPal, bank cheque or telegraphic transfer to the account nominated in writing by Play For A Cure.
10 Delivery of Auction Items
10.1 Where applicable, Play For A Cure will use all reasonable endeavours to despatch Auction Items to the Successful Bidder within 10 Business Days from the date Play For A Cure receives full and final payment for the Auction Item in accordance with condition 9.1.
10.2 If the Successful Bidder lives in the Brisbane District, Play For A Cure will arrange delivery of the Auction Item. The cost of delivering or posting the Auction Item to a Successful Bidder located outside the Brisbane District must be paid by the Successful Bidder.
10.3 Where applicable, title to and risk in an Auction Item will pass to the Successful Bidder when the Auction Item is despatched for delivery to the Successful Bidder by Play For A Cure in accordance with condition 10.1.
10.4 For the avoidance of doubt, delivery insurance will be at the option and cost of the Successful Bidder. The Successful Bidder must notify Play For A Cure that it wants to exercise this option at the time it receives notification that it is the Successful Bidder. The Successful Bidder must pay Play For A Cure for the cost of the delivery insurance at the same time as it makes full and final payment for the Auction Item in accordance with condition 9.1.
11 Non Payment for goods
11.1 In the event the Successful Bidder fails to pay for an Auction Item in accordance with condition 9.1, Play For A Cure will, in its absolute discretion, offer the Auction Item for sale to the Bidder who submitted the second Highest Bid at the end of the Auction Period at a price determined by Play For A Cure.
12 Exchange of Auction Items
12.1 The Successful Bidder cannot exchange, cancel or refund an Auction Item.
12.2 If an Auction Item comprises an event or service that for any reason is required to be cancelled or cannot be performed, Play For A Cure will refund to the Successful Bidder the proportion of any money paid in respect of that Auction Item that is reasonably attributable to the event or service.
12.3 Play For A Cure accepts no liability for any loss or damage (including consequential loss) arising out of the cancellation of any event or the inability of Play For A Cure to provide any service in accordance with condition 12.2.
13 Legal Compliance
13.1 Bidders must comply with all applicable laws, statutes, ordinances and regulations regarding the Bidder’s use of the Website and the Bidder’s participation in the Play For A Cure Online Auction.
14 Irregular Activity
14.1 Bidders are prohibited from using any method, device or software to affect the correct functioning of the Play For A Cure Online Auction. In the event where Play For A Cure believes that irregular activity has taken place in an Auction, Play For A Cure may, in its absolute discretion and without notice, terminate, suspend or bar the right of any Bidder or user of the Website to participate further in any Auction.
15 Disputed Bid
15.1 Play For A Cure will determine any dispute as to the validity of any Bid and the Successful Bidder. All decisions made by Play For A Cure are final and binding.
16 Cancellation of Auctions and Bids
16.1 Play For A Cure reserves the right in its absolute discretion to cancel, withdraw, reject, suspend or bar a Bidder and any Bid at any stage during an Auction.
16.2 If for any reason an Auction is not capable of running as planned due to any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes), including anything which may corrupt the integrity or proper conduct of an Auction, Play For A Cure reserves the right to cancel, terminate, modify or suspend the Auction.
16.3 In an event of war, terrorism, state of emergency, disaster or, without limitation, any other event outside the control of Play For A Cure occurs, Play For A Cure are entitled to cancel, terminate, modify or suspend the Play For A Cure Online Auction.
17.1 The Trade Practices Act 1974 (Cth) (and from 1 January 2011, the Australian Competition and Consumer Law which will replace the Trade Practices Act) and all corresponding State and Territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (Prescribed Terms).
17.2 Except as provided for by the Prescribed Terms:
(1) any Auction and all information and data provided on any Auction, is provided on an “as is” basis without any warranties of any kind;
(2) Play For A Cure expressly disclaims all warranties of any kind, including implied warranties of merchantability and fitness for a particular purpose;
(3) Play For A Cure (including its directors, officers, employees and agents) does not warrant that the Bidder’s access to an Auction will be uninterrupted or that an Auction will operate error free, that any defects will be corrected or that an Auction and its servers are free of computer viruses and other harmful data, code, components or other material; and
(4) Play For A Cure (including its directors, officers, employees and agents) does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of an Auction and all information and data provided in an Auction.
17.3 Play For A Cure is not responsible for any Bids that fail due to any technical difficulties whatsoever including but not limited to telecommunications, network, hardware or software failures, however caused.
18.1 To the extent permitted by law, Play For A Cure excludes all liability for any loss or damage, including without limitation:
(1) any loss or damage arising in relation to:
(a) use of the Website;
(b) participation in an Auction;
(c) unauthorised Bids;
(d) any technical failure of systems which may prevent or delay Bids from registering;
(e) the Auction Items offered;
(f) the content displayed;
(g) a Bidder’s access or inability to access any Auction; or
(h) the cancelation of an Auction; or
(2) any consequential loss or indirect loss, loss of data or loss of profits,
whether or not caused by Play For A Cure’s negligence, and whether or not the possibility of loss was known to Play For A Cure.
18.2 To the extent permitted by law, Play For A Cure’s liability for breach of any of the Prescribed Terms is limited at the option of Play For A Cure to the following:
(1) in the case of services supplied or offered by Play For A Cure, the supply of the services again or the payment of the cost of having services supplied again; and
(2) in the case of goods supplied or offered by Play For A Cure, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired.
19.1 Play For A Cure will comply with the Privacy Act 1988 in relation to any Personal Information provided to Play For A Cure.
19.2 Without limitation of condition 19.1, Bidders consent to Play For A Cure collecting Personal Information about Bidders for the purpose of Play For A Cure conducting the Play For A Cure Online Auction in accordance with these Terms and Conditions.
19.3 As no data transmission over the Internet can be guaranteed as totally secure, Play For A Cure does not warrant and cannot ensure the security of any information which is transmitted to it. Accordingly, any information transmitted to Play For A Cure is transmitted at a Bidder’s own risk.
20 Intellectual Property
20.1 Unless otherwise indicated, Play For A Cure owns or is licensed to use all intellectual property rights (including copyright, trade mark and designs) subsisting in the Play For A Cure Online Auction. Play For A Cure authorises Bidders to reproduce and download the information and data generated by the Play For A Cure Online Auction exclusively for use in the participation in the Auctions as contemplated by the Auctions and these Terms and Conditions. Otherwise, to the extent permitted by law, no part of the Play For A Cure Online Auction may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without Play For A Cure’s prior written consent.
20.2 All names, logos and trade marks on the Auctions are the property of their respective owners. Nothing related to the Play For A Cure Online Auction or in these Terms and Conditions should be interpreted as granting any rights to use or distribute any names, logos or trade marks without the express written agreement of the relevant owners.
21 Governing Law
21.1 The law of the State of Queensland governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland and of the Commonwealth of Australia.
22 Contact Us
22.1 If you have any questions in relation to these Terms and Conditions, any other aspect of the Play For A Cure Online Auction or Play For A Cure generally, please contact:
Play For A Cure
14 Sunflower St, Wynnum Qld 4178