Auction of Promises

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Terms of Service

1.0 Acceptance of Terms

By using the Service, you as a Site Visitor accept and agree to follow and be bound by these Terms (whether on behalf of yourself or a legal entity you represent). You also agree to comply with all applicable laws and regulations, as well as all rules or restrictions that are posted on the Service. If you do not agree to these Terms, you are not authorised and must cease using the Service immediately.

2.0 Your conduct

You are solely responsible for the content of your electronic submissions through auctionofpromises.com. You must ensure that your participation in the selling or buying of promises or items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item or promise and that you are not prohibited from doing so by any law or regulation. You must not transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

3.0 General Rules Governing the Auction Bidding and Buying

You may only place a bid and use the Service if you are a registered user on the Website. You agree to comply with any instructions or notifications posted on the Website from time to time in relation to use of the Service.

The winning bid on any Promise item is defined as the highest value bid that is registered on the Website for the Promise item at the time that the auction closes for that Promise item. The winning bid must also meet any conditions that are specific to that auction and must exceed the value of any reserve price. In such cases where the Auction Administrator has established that the highest bid is invalid, the Auction Administrator may withdraw the highest bid, in such case the next highest bid becomes the highest bid and the new highest bidder reserves the right to refuse purchase.

auctionofpromises.com has full discretion to refuse to accept your bid or withdraw any Promise item for whatever reason at any time.
In addition, the auction administrator retains the right to regulate the bidding and refuse any bid or bids with or without assigning any reason at his sole and absolute discretion.

Any bid which you place via the Website constitutes a legal offer to buy the item from the promise donator. You may not retract a bid.

4.0 General Rules Governing donation of promise items

Promise items donated must be specific as to what they are offering the winning bidder should they win the bidding. What is offered as or part of a promise item must not contravene any local laws which apply in the geographical location in which the promise is to be delivered / fulfilled.

The contact details of any person or organisation in relation to a promise may only be included on a promise form if expressly agreed with the contact whose details are provided.

On completion of an auction for which a promise has been added, the person who has added the promise is responsible for fulfilment of what has been offered in the promise description.

At the end of the auction of a Promise item the winning bidder must transfer the value of their bid in accordance with the payment instructions that are detailed in the auction cause. Promise item contributors must not ask for or accept any funds from the auction to cover any cost of fulfilling the promise.

auctionofpromises.com and the Auction Administrator may withdraw a Promise item at any time in cases for example where the Promise item is deemed not appropriate.

5.0 Right to suspend or terminate

You agree that auctionofpromises.com, in its own discretion, may terminate any auction or use of the Service immediately and without notice if (a) we believe that you are not abiding by these Terms of Service, or (b) you have repeatedly broken a certain term, or (c) you have listed an item or promise in breach of these terms, or (d) we believe you to be a non paying bidder. In most cases when we suspect foul play we shall suspend your account/listing whilst we investigate further. If our investigation is conclusive then your membership of with auctionofpromises.com will be terminated.

6.0 Role of auctionofpromises.com

auctionofpromises.com acts as an auction facilitation service for fundraisers to conduct auctions, Promise item contributors to add items to auctions and for bidders to bid on Promise items. We are not involved in the actual execution of promises or the transfer of items between buyers and donators. As a result, we have no control over the quality, safety or legality of the items or promises listed, the truth or accuracy of the listings, the ability of donators to provide items or to fulfil promises, or for the ability of winning bidders to complete purchase of items. Therefore we do not guarantee that promise donators will fulfil promises or supply items that they offer or that buyers will complete their purchases of items or promises bid on.

In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. auctionofpromises.com shall not be responsible for any Promise items sold by use of the Service, for any damage to items during transit, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. auctionofpromises.com shall not be responsible for the cost of procurement of substitute goods or promises, or for any loss resulting from Promise items received or from use of the Service.

auctionofpromises.com does not guarantee continuous uninterrupted or secure access to the Service and operation of the Website may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service, auctionofpromises.com does not provide conditions, warranties or other terms in relation to the Website, to the extent permissible by the law.

7.0 Membership

Membership to auctionofpromises.com is only available to those you can form a legally binding contract. Persons under the age of 16 years are not permitted to register.

8.0 Content

Withdrawal of content

auctionofpromises.com reserves the right to withdraw any content which breaks these terms. Any person who has started an auction reserves the right to remove promises from the auction that break these terms and reserves the right to remove the highest bid on an item or promise where the bid is deemed invalid. Where a highest bid has been removed, auctionofpromises.com shall attempt to contact the next highest bidder to inform them that they have become the new highest bidder. The next highest bidder reserves the right to refuse purchase since they had previously been out bid.

9.0 Material Copyright

We respect copyright and trademark laws. If you believe that something has been published on the website which infringes your copyright or trademark, please let us know, along with proof, and we will remove the publication(s) from the Website. Auctionofpromises.com can not be held responsible for user-submitted content e.g. descriptions, comments, images. User-submitted content is not representative of our views, opinions or actions.

If you spot any content that is offensive, infringing of copyright or trademarks, illegal, libellous, abusive, or particularly unacceptable for other reasons, please use the contact link.

We reserve the right to remove user-submitted material posted on the website. We also reserve the right to use user-submitted material in the promotion of this website. Please do not post material on this website if you disagree to these terms.

10.0 Payment for Promise items

Where your bid on a Promise item is deemed to be the winning bid at the close of the auction then you must make payment for the Promise item according to the donation instructions set out in the cause to which the auction is linked.

By placing a bid you will be deemed to have read, understood, accepted and agreed to be bound by these terms.

Any bid which you make via this Website constitutes a legal offer to buy the item from the promise donator. You may not retract a bid.

11.0 Definitions of Words and Expressions

In these Terms of Service, unless inconsistent with the context or otherwise specified, the following definitions will apply to words and expressions:

The "Website" means the website which has an internet address of auctionofpromises.com.

"We" / "Us" / "Our" means the individuals concerned with providing the functions of the Website.

"You" or the "User" or "Site Visitor" means the person accessing and using the Website.

"Service" means the features and functionality provided via the Website to facilitate the online interaction between auctionofpromises.com and You.

"Promise", "Promise item" or "Lot":- an item, service or undertaking that is auctioned on the Website.

"Auction Administrator" means the person who has registered an auction on the Website.

"Cause Administrator" means the person who has registered a cause on the Website.

All auction sales by auctionofpromises.com made through this website are subject to the General Rules Governing the Auction Bidding and Buying.

These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website.

We may change the format and content of the Website from time to time.

version 1.02
Effective from 22-Dec-2022

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