Starlight Foundation Charity Auction – Nissan Navara
Auction raised over $39,000 for Starlight Foundation
- The item for sale is a new Nissan NP300 Navara ST 4×4 Dual Cab Auto valued at RRP AU$54,197, in the colour of Polar White QM1, with 100% removable vinyl-wrap artwork and custom-painted stickers, more particularly described in the eBay listing and photographs (“Sale Item”). At the time of accepting the Sale Item, the Buyer is required to indicate whether they wish to receive the Sale Item with or without the artwork. If the Buyer opts to receive the Sale Item without the artwork then Nissan will provide the Sale Item without the artwork. If the Buyer opts to have the artwork remain then the Buyer does so at their cost and risk and provides the Promoter and Nissan with an indemnity with respect to any liability that may arise from the removal of the artwork.
- The item for sale includes all on road costs including 12 months registration, 12 months compulsory third party insurance, stamp duty and other applicable charges including dealer delivery and administration charges.
- The owner and seller of the Sale Item is Nissan Motor Co (Australia) Pty Ltd ABN 54 004 663 156 (‘Nissan”).
- Starlight Children’s Foundation ABN 80 931 522 157 is the Promoter of this auction. (“the Promoter”). The Promoter is a registered charity in all States and Territories of Australia and holds a charitable fundraising licence.
- Bid For Good ABN 96 984 486 617 (“Bid For Good”) is the Promoter’s agent managing the auction on behalf of and at the direction of the Promoter with the permission of Starlight Children’s Foundation ABN 80 931 522 157. A copy of Bid For Good’s authorisation letter may be viewed by clicking this link.
- The auction will commence at 8:00pm (AEST) on 17th September 2015 and close at 8:00pm (AEST) on 27th September 2015.
- The auction is restricted to bidders that are 18 years or over and are physically located in Australia only.
- There will be a reserve of AU$45,000 in respect of the Sale Item.
- Bidders may be required to make an AU$50 PayPal authorisation deposit to Bid For Good’s PayPal account in order to qualify to bid. After the close of the auction, Bid For Good will void the PayPal authorisation of all non-winning bidders and accept the AU$50 payment from the winning bidder. This amount will not be refunded but will be deducted from the amount payable for the Sale Item.
- Bid For Good may also conduct further screening of bidders, including requesting additional documentation on a bidder’s ability to make payment or a bidder’s location.
- A bid is a legally binding contract.
- The Promoter reserves the right to reject a request to bid or to cancel already approved bids in their sole discretion.
- The Promoter’s decision regarding any aspect of this auction is final and no correspondence will be entered into.
- The Promoter shall not be responsible for any bid that is not processed due to technical problems or delays.
- By making a bid, the bidder warrants that:
- It/he/she has read and understands these terms;
- It/he/she has full authority to engage in the transaction;
- All information provided to Bid For Good or the Promoter is true and complete;
- It/he/she did not rely on any representations made by Bid For Good or the Promoter other than as made on this eBay listing;
- It/he/she agrees to be bound to make payment if its eBay ID is the highest bidder, even if a higher bid has been removed, resulting in the bidder being the winning bidder.
- The terms of the auction also take into account eBay’s terms and conditions.
- The winning bidder (“Buyer”) must make payment of the balance for the Sale Item by PayPal or Direct Bank Deposit into the account nominated by the Promoter within three (3) working days of the completion of the auction. If payment is not made by this time, without prejudice to any of its other accrued or contingent rights, the Promoter may in its absolute discretion:
- cancel any uncompleted contract with the Buyer and re-commence the auction;
- cancel any uncompleted contract with the Buyer and enter into discussions with the next highest bidder;
- charge the Buyer for, and the Buyer must indemnify the Promoter from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the terms.
- The Promoter will issue a tax invoice in the Buyer’s name for the winning bid amount (“Sale Price”). The invoice will show the Sale Price which includes GST and Luxury Car Tax (LCT), if applicable, but excludes on road costs.
- The Sale Price will be held on trust until the Sale Item is delivered to the Buyer.
- The Sale Item is non-redeemable for cash or other goods or services.
- Subject to clause 29, payment for this item is non-refundable.
- If the Sale Item becomes unavailable for any reason, the Promoter will notify the Buyer and the Sale Price will be refunded to the Buyer.
- The Buyer will be responsible for all taxes or statutory charges applicable in their state of registration.
- The Buyer must have a current valid Australian State or Territory driver’s license (which is not under suspension or cancellation) recognised in Australia and able to be used to register a car in Australia.
- If the Buyer is, through any legal incapacity or otherwise, unable to register the Sale Item in their own name, then the Buyer may assign the Sale Item to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the Buyer and the assignee. The Buyer must provide the Promoter with certified copies of all required documentation as required by the Promoter before the Sale Item is delivered.
- Any period or date for delivery of the Sale Item stated by the Promoter is an estimate only and not a contractual commitment.
- The Promoter will use its reasonable endeavours to meet any estimated dates for delivery of the Sale Item but will not be liable for any loss or damage suffered by the Buyer or any third party for failure to meet any estimated date.
- The Buyer is responsible for the collection and all costs associated with the collection of the Sale Item. The Buyer will be required to contact Nissan to arrange for the collection of the Sale Item. The Buyer will be required to collect the Sale Item vehicle from the Buyer’s nearest Nissan dealership or such other Nissan dealership as notified by the Promoter or Nissan to the Buyer within 28 days of its availability.
- If delivery is not accepted by the Buyer, through no fault of the Promoter or Bid For Good, within 28 days of being advised that the Sale Item is ready for delivery, the Buyer is deemed to have taken delivery of the Sale Item and is liable for storage charges payable monthly on demand.
- The risk in the Sale Item and all insurance responsibility for theft, damage or otherwise will pass to the Buyer immediately on the Sale Item being delivered to the Buyer, collected from the Nissan dealership premises on behalf of the Buyer or when delivery is deemed to have occurred under clause 28.
- Any vehicle optional extras or accessories, comprehensive insurance and any other insurance not stated as included in the Sale Item, personal costs and any other ancillary costs associated with collection of the Sale Item are excluded and are the responsibility of the Buyer.
- If the Buyer is from a state other than NSW or the ACT, the Buyer will receive one return economy airfare from the Buyer’s nearest capital city and one nights’ room only accommodation at a three star hotel for the night of the Appearance Date of the recording of The Footy Show Grand Final episode (Appearance Date is 1st October 2015) for the Buyer only.
- If the Buyer is from NSW or the ACT, the Buyer will be responsible for all travel and accommodation arrangements necessary to attend the Appearance Date. Residents whose official place of residence is at least 200 kilometres from the Sydney Entertainment Centre will be provided with one nights’ room only accommodation at a three start hotel for the night of the Appearance Date for the Buyer only.
- Travel must be taken to coincide with the Appearance Date and is subject to booking and flight availability. Itinerary to be determined by the Promoter at its absolute discretion. Unless otherwise indicated, the Buyer is responsible for all costs involved in taking part in the Prizes, including but not limited to, travel to and from the Appearance Date, accommodation, meals, taxes and any other ancillary costs. No fee will be paid to any Winner for any attendance in respect of any loss of earnings incurred because of the attendance at The Footy Show grand final episode on the Appearance Date.
- The Buyer may be requested by the Promoter to participate in a photo, video and/or film session, and other interviews (including without limitation, at the time at which the Sale Item is delivered to the Buyer). If the Buyer agrees to participate, the Buyer acknowledges that the Promoter, its affiliates and agencies have the right to use such publicity photos, videos and/or films in any media (including, without limitation, the internet) or by any means and in any reasonable manner they see fit.
- This is a charity auction. All proceeds from the auction of Sale Item (net of statutory charges and LCT and GST) will be donated to Starlight Children’s Foundation to be applied for charitable purposes.
- The Australian Taxation Office has ruled that donations are not tax-deductible if a person receives goods or services in return for the money given (e.g. the purchase of any items or experiences). For further information, visit the Australian Taxation Office website. Bidders should rely on their own independent financial and taxation advice prior to placing a bid. The Buyer is advised that tax implications may arise from the Sale Item and should seek independent financial and taxation advice prior to their acceptance of the Sale Item. The Buyer is responsible for all taxes which may be payable as consequence of receiving the Sale Item.
- Nothing in these terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the auction or the supply of the Sale Item.
- If this auction is interfered with in anyway or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorized intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, to modify, suspend, terminate or cancel the auction, as appropriate.
- Provided it has complied with all instructions and descriptions given by the Promoter, Bid For Good is not responsible for any errors or omissions or for any warranties or guarantees either explicit or implied herein including the quality, safety, or legality of any aspect of the Sale Item listed, the truth or accuracy of the listing or the ability to provide the Sale Item listed.
- Bidder’s personal information is collected from entrants by or on behalf of the Promoter to enable the Promoter and its agents to manage, administer and promote the Auction and provide the Buyer with the Sale Item. The personal information may also be provided to persons assisting the Promoter, including marketing agencies and IT providers, media outlets and related companies. By participating in the Auction, Bidders consent to these uses and disclosures of their personal information.
Collection of Information
By completing this registration form we collect personally identifiable information, like names, postal addresses, email addresses, etc., to validate you as a bidder to enable you to participate in the bidding process. This information is only used to fulfill your specific request. We will not use the information provided in the registration form for direct marketing, or for any other purpose. Our only contact with you will be directly related to this auction.
If we do not collect the personal information or if any of the personal information you provide is incomplete or inaccurate, we may not be able to validate you as a bidder.
Disclosure of Information
We may disclose your personal information to third parties in certain circumstances including:
(a) if you agree to the disclosure;
(b) when we use it for the purpose for which it was collected, e.g. to validate you as a bidder and correspond with you in relation to the holding deposit;
(c) to employees, contractors, and service providers who assist us in operating our business and providing our services;
(d) in circumstances where you would reasonably be expected to consent to information of that kind being passed to a third party; or
(e) where disclosure is required or permitted by law.
The information is not provided to third parties for sales or marketing purposes. Your information is not ‘on-sold’ to other organisations.
Disclosure of Information Off-Shore
When providing our services (including bidder verification), we do not disclose personal information off-shore.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when:
- permitted or required by law; or,
- trying to protect against or prevent actual or potential fraud or unauthorized transactions; or,
- investigating fraud which has already taken place.
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Commitment to Data Security
Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
Update, Correct or Delete Personal Information
(a) You may request access to your personal information or correct any inaccurate or out of date information by contacting our Privacy Officer using the details below.
(b) You may request the source of any information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld.
(c) If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal except to the extent it would be unreasonable to do so and the mechanisms available to you to complain about the refusal.
(d) You should also contact us immediately if you believe:
- someone has gained access to your personal information;
- we have breached our privacy obligations or your privacy rights in any way; or
Privacy Contact Information
phone: +61 3 8683 8752
More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner by:
mail: GPO Box 5218 Sydney NSW 2001
We reserve the right to make changes to this policy. Any changes to this policy will be posted.
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The Bid For Good team is available to answer your questions by email email@example.com or phone (+61 3) 8683 8752 or (+61 3) 9005 6227 during business hours Monday – Friday 8am – 6pm (Australian Eastern Standard Time). Bid For Good ABN 96 984 486 617 Copyright 2016 All Rights Reserved.