Sample Terms and Conditions - Physical Item

[Promoter] Item Title

  1. The placement of a bid in this auction is deemed acceptance of these Terms and Conditions.
  2. Participation in the auction is open to residents of Australia over the age of 18.
  3. This auction listing may be restricted to pre-approved bidders only. Bidder Prequalification is a security verification measure given the high profile nature of this auction to protect the Charity from non-genuine bidding.
  4. The Promoter is [Promoter Name] (ABN [ABN]) of [Address].
  5. The item for sale is the food product described in this listing ("Sale Item"), as more particularly described in the eBay listing and photographs.
  6. The Promoter's decision regarding any aspect of this auction is final and no correspondence will be entered into.
  7. The Promoter acting in good faith, reserves the right not to accept bids from any participant.
  8. The Promoter shall not be responsible for any bid not processed due to technical problems or delays.
  9. If the Sale Item becomes unavailable for reasons beyond the Promoter's control, the Promoter reserves the right to cancel the auction before the auction is complete.
  10. The winning bidder ("Buyer") must make payment for the Sale Item by PayPal or Direct Bank Deposit within three (3) working days of the auction.
  11. Once payment has cleared the Promoter will deliver the Sale Item to the Buyer within 5 business days.
  12. This is a charity auction. All proceeds from this auction will be donated to [Charity Name] ABN: [ABN] of [Address] (the “Charity”) to be applied for charitable purposes. The Charity is a registered charity in the State of [State] and holds a charitable fundraising licence in this State.
  13. 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 The Charity. A copy of the Charity’s authorisation letter may be viewed by clicking this link.
  14. Once received, payment for the Sale Item is non-refundable.
  15. The Sale Item is not transferable or exchangeable and cannot be taken as cash. The Sale Item must be taken as offered and cannot be varied or redeemed in conjunction with any other offer.
  16. 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.
  17. Nothing in these Terms and Conditions 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").
  18. Except where liability cannot be excluded or limited in accordance with the law, the Promoter (including its respective officers, employees, agencies and agents) is not liable under any circumstances whatsoever for any loss, damage, injury or expense whether to people, property or otherwise arising directly or indirectly as a result of the conduct of any third party suppliers, or otherwise as a result of the winning bidder (or nominee) participating in the auction or its use of the Sale Item, including any loss, damage, injury or expense which is due to any negligence of the Promoter.
  19. Bid For Good is the Promoter's agent managing the auction on behalf of and at the direction of the Promoter and as such 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.
  20. No part of the content of this auction or associated pages (including images, video, text, design) may be used without the written permission of the appropriate license holders.
  21. Each bidder agrees that, in the event they are the winner bidder, they will participate in all reasonable promoted activities in relation to the auction as requested by the Promoter and its agents.

Sample Terms and Conditions - Experience

Experience offered by [Promoter] with [Third Party Supplier]

    The item for sale is the [item] more particularly described in the eBay listing and photograph (“Experience”). The Promoter of the Experience is [Promoter Company] ABN [ABN] (“The Promoter”). [3rd Party Supplier] ABN [ABN] is the Promoter’s provider of the Experience.

    1. Your participation in this auction constitutes acceptance of:
      1. These terms and conditions;
      2. eBay’s terms and conditions; and
      3. [3rd party supplier's] terms and conditions
    2. 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 [Charity Name] ABN [ABN] of [Address] to fundraise (“The Charity”).
    3. The auction is only open to Australian residents. The Promoter and Bid for Good may restrict the auction at any time, at their discretion, to prequalified bidders, as per clause 5.
    4. Bidding above $500 may be limited to pre-qualified bidders. If pre-qualification is put into place, 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. The authorisation deposit will be deducted and held by PayPal for the duration of the auction, however, after the close of the auction Bid For Good will void the PayPal authorisation of all non winning bidders (and the deposit will be released) and void the PayPal authorisation of the winning bidder following receipt of full cleared payment from the winning bidder.
    5. The Promoter may, at any time and in its reasonable discretion, also conduct further screening of bidders, including requesting additional documentation on a bidder’s ability to make payment or a bidder’s location. Only genuine bids and bidders with sufficient funds to purchase the item (at the highest amount that they choose to bid) are allowed.
    6. The Promoter reserves the right to reject a request to bid or to cancel already approved bids in its sole discretion, acting reasonably, where it believes a breach of these Terms and Conditions has occurred.
    7. The Promoter’s decision regarding any aspect of this auction is final and no correspondence will be entered into.
    8. To the extent permitted by law, the Promoter shall not be responsible for any bid that is not processed due to technical problems or delays.
    9. By making a bid, the bidder warrants that:
      1. It /he /she has read and understands these terms;
      2. It /he /she has full authority to engage in the transaction;
      3. All information provided to Bid For Good or the Promoter is true and complete;
      4. Their bid is genuine and the bidder has sufficient funds to purchase and make payment for the item at the highest price they bid;
      5. 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.
    10. The bidder who places the highest bid as at the end of the auction will be deemed to be the winning bidder, subject to verification (“Buyer”).The bidder who places the highest bid as at the end of the auction will be deemed to be the winning bidder, subject to verification (“Buyer”). The Buyer must make payment of the balance for the Experience by PayPal or Direct Bank Deposit into the account nominated by the Promoter within three (3) working days of the completion of the auction. PayPal payments attract a merchant fee from PayPal which will be deducted from the winning bid before proceeds are remitted to the Charity, however if the winning bidder pays by bank transfer then this will avoid any such merchant fees being deducted. Full payment instructions will be provided to the winning bidder at the conclusion of the auction. If payment is not made by this time, without prejudice to any of its other accrued or contingent rights and subject to the applicable laws, the Promoter may in its absolute discretion:
      1. Cancel any uncompleted contract with the Buyer and re-commence the auction;
      2. Cancel any uncompleted contract with the Buyer and enter into discussions with the next highest bidder;
      3. 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.
    11. The Charity will issue a tax invoice in the Buyer’s name for the winning bid amount (“Sale Price”).
    12. Following cleared payment the Buyer will receive confirmation from the Promoter with all details including contacts necessary to redeem the experience.
    13. The Sale Price will be held on trust until the Buyer receives the travel documentation and tickets for The Experience.
    14. The Participants are responsible for all expenses not stated including, without limitation, transport (other than as specified), insurances, surcharges, meals (other than specified), incidentals, spending money, items of a personal nature and all other ancillary costs.
    15. By participating in the Experience, the participants accept full responsibility for their decision to participate in the Experience and hold the Promoter harmless from any loss, injury, damage, cost, liability or expense suffered or incurred by a participant in connection with participating in the Experience.
    16. The Participants will be subject to, and must abide by the terms and conditions of the Promoter’s Agent.
    17. The Promoter reserves the right to refuse participation or retire any Participant/s who are deemed to be unfit or unprepared to complete the journey.
    18. No compensation will be payable if a participant is unable to participate in the Experience as stated and provided.
    19. Any period or date for delivery of the Experience 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 Experience but, to the extent permitted by law, the Promoter will not be liable for any loss or damage suffered by the Buyer for failure to meet any estimated date.
    20. All proceeds from the auction of the Experience (excluding any charges payable to PayPal on the Sale Amount) will be paid into an account held by the Charity.
    21. 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.
    22. Subject to clause 24, payment for this item is non-refundable.
    23. In the unlikely event that the Experience becomes unavailable for any reason, the Promoter will notify the Buyer and the Sale Price will be refunded to the Buyer.
    24. 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”).
    25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) is not responsible for and excludes 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 Experience (including but not limited to the Buyer’s or any other person’s assembly or acceptance/use of the Experience).
    26. 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.
    27. To the extent permitted by law, 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 Experience listed, the truth or accuracy of the listing or the ability to provide the Experience listed.
    28. In participating in the Experience, the Participants agree to co-operate as required in all editorial activities relating to the promotion, including but not limited to being interviewed and photographed. The Participants grant the Charity a perpetual and non-exclusive licence to use any footage and photographs in all media worldwide and the Participants will not be entitled to any fee for such use.
    29. The Participants agree that they will not sell or otherwise provide their story and/or photographs to any media or other organisation.
    30. The personal information you provide may be collected by and disclosed to the Promoter. The Promoter may use this information to conduct this auction and provide the Buyer with the Experience. If you have consented, the Promoter may also contact you with marketing material that may interest you in the future. For these purposes, the Promoter may also disclose such personal information, including but not limited to agents, contractors and service providers. Participation in the auction is conditional on providing the requested personal information.
    31. The Promoter’s privacy policy (available at [Promoter privacy policy link]) outlines full details on how personal information might be handled and states how you can seek to access or correct any personal information it holds about you, how to complain about a privacy breach by the Promoter and how the Promoter will deal with a privacy complaint. You can write to the Promoter at [Promoter Address].
    32. No part of the content of this auction or associated pages (including photos, video, text, design) may be used without the written permission of the appropriate license holders.