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These terms and conditions (“terms”) set out the terms upon which Auction Direct (or “we”) offer use of this online fundraising platform (the “platform”) and bidding facility (“bidding facility”) to:

  • A bidder on goods or services through the fundraising platform (a “bidder”), and
  • A client charity or company hosting an auction for such goods or services on the fundraising platform (a “client”) (collectively a “user” or “you”).

Use of the fundraising platform and/or bidding facility by a user constitutes acceptance of these terms.

1. Bidder Terms

1.1. The client auction operated on the fundraising platform is for the benefit of the client by whom the fundraiser is being run.

1.2. The winning bidder will be required to make payment to the client through fundraising platform or directly to Auction Direct or to the client prior to redeeming a purchase of the item.

On lot items that are supplied by Auction Direct or an affiliated partner or supplier to Auction Direct, all monies paid by a bidder above the cost price of the item will be donated to the client.

1.3. Bidders may bid for more than one item on the fundraising platform in the same client auction.

1.4. The winning bidder on each item offered for sale on the fundraising platform will be the person who has submitted the highest bid, or at the client discretion, any bidder that has made a bid in excess of the reserve.

1.5. All bidders must be capable of forming legally binding relations under applicable law. The bidding facility may not be used by individuals under the age of 18 years old and by any other persons who are legally prohibited from, or otherwise incapable of, entering into binding contracts.

1.6. Any bidder using the bidding facility is warranting by so doing that they are legally entitled to do so.

1.7. As a bidder you agree that we can process your personal data in accordance with our privacy notice available here https://www.auction-direct.co.uk/privacy-policy

1.8. We do not and will not store bidder credit or debit card details beyond facilitating payment from the bidder to the client where they wish to purchase an item.

1.9. Bidders wishing to bid on an item may make a bid for an item through the bidding facility. All items offered in a fundraising platform are listed and offered for sale on an "as is" basis. Bidders are advised to conduct any research or due diligence on an item prior to making a bid.

1.10. Bidders may be required to accept and suppliers reasonable terms and conditions for the sale of an item. Such terms are not incorporated into these terms.

1.11. A bid made by a bidder is an offer to purchase the item at the stated bid price. Any bidder making a bid for an item acknowledges and agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the item at the bid price.

1.12. We are not liable for, and each bidder are hereby release Auction Direct from any and all liability that may arise from, negligence, fraud, intentional misconduct, and/or any other tort or criminal action arising from actions or inactions of any bidder or client using the fundraising platform.

1.13. Auction Direct offer no warranty or guarantee as to whether the descriptions and/or photographs of donated lot items are accurate, complete and up-to-date, and it will not be responsible for any damages, loss or liability to a bidder by reason of a description of a donated item being inaccurate, incomplete.

1.14. In no event shall Auction Direct be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the fundraising platform or the bidding facility, or otherwise in relation to their purchase of an item.

1.15. By agreeing to gift aid, the bidder is confirming that they are a UK taxpayer and understand that if they pay less income tax and/or capital gains tax in the current tax year than the amount of gift aid claimed on all their donations it is their responsibility to pay any difference. The bidder understands that other taxes such as vat and council tax do not qualify. The bidder understands that gift aid is reclaimed by the charity from the tax they pay for the current tax year. Gift aid on lot items is only applicable in a limited number of situations; the client will claim wherever possible; for more info see https://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm.

2. Client Terms

2.1. By using the fundraising platform, the client understands and agrees that it is responsible for complying with all applicable laws and regulations relating to the fundraising activities on the fundraising platform, including but not limited to, any rules and regulations applying to the fundraising activities of charitable organisations and/or the handling of third-party money by charitable organisations. Auction Direct assumes no responsibility for ensuring that fundraising occurring on the fundraising platform is compliant with applicable laws.

2.2. The client acknowledges that the extent of Auction Direct’s contractual warranties, undertaking and liabilities in respect of the client’s use of fundraising platform is set out in the customer terms and conditions (“terms and conditions”) agreed between the client and Auction Direct. Other than as set in the terms and conditions, Auction Direct excludes all liability in respect of the client’s use of the fundraising platform. The client specifically acknowledges that it is solely responsible for administering the fundraising event, including selecting seller’s items for sale, offering such items for sale on behalf of the seller and receiving payment for such items from a bidder

3. General Terms (apply to donors, bidders and clients)

3.1. Auction Direct hereby grants you a non-exclusive, non-transferable, revocable right to access and use the fundraising platform. The license and use granted hereunder is subject and conditioned upon the compliance with these terms. Nothing herein shall be deemed to convey ownership rights of any type to the fundraising platform or any related software, patents or other intellectual property rights.

3.2. We have no involvement in any sale and purchase of any donated item between a donor, a client and a bidder, other than acting as a facilitator to (i) provide bidder with the opportunity to purchase an item, (ii) provide the client with an opportunity raise money. We are not responsible for ensuring that any transaction for the purchase or sale of item on fundraising platform is completed.

3.3. Any software downloaded from the website or used as part of the auction process is at your own risk and we do not accept liability for any direct or indirect loss or damage howsoever caused as a result of any computer viruses, bugs, trojan horses, worms, software bombs or other similar programs arising from your use of this website. Whilst we will do our best to ensure that the website is free from such destructive programs, it is your responsibility to take reasonable precautions to scan for such destructive programs.

3.4. The reliability and functionality of the fundraising platform is not guaranteed. You waive any and all claims you may have against Auction Direct arising out of the performance or non-performance of the fundraising platform.

3.5. Auction Direct make no representations or warranties as to the merchantability of any donated items offered or fitness for any particular purpose. Auction Direct makes no representations or warranties that any bidder will be able to pay for an item, or that a donor will send or ship an item. We exclude all warranties, conditions, terms, undertakings and representations of any kind, express or implied, statutory or otherwise in connection with your use of the fundraising platform to the fullest extent permitted by law. You agree, by using the fundraising platform, that you are releasing Auction Direct from any and all liability that may otherwise arise from these terms or your use of the fundraising platform, for any and all reasons including but not limited to negligence, failure of the website, fraud committed by a third party, intentional misconduct or any other tort. Further Auction Direct will not be liable for any direct, indirect or consequential loss or damage howsoever arising as a result of your use or reliance on your use of the fundraising platform to the maximum extent permitted by law.

3.6. Without prejudice to the generality of the foregoing, under no circumstance shall Auction Direct’s liability in respect of your use of the fundraising platform, whether arising in contract, tort (including negligence or strict liability), or otherwise, exceed the sum of £1,000.

3.7. Notwithstanding the foregoing nothing in these terms excludes or limits liability for death or personal injury, dishonesty, fraudulent misrepresentation, statutory rights of consumers that cannot be waived or limited by contract or otherwise to the extent permitted by applicable law.

3.8. You agree to fully indemnify, defend and hold Auction Direct harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these terms, including without limitation, any claim that you have not honoured your commitments in respect of a transaction.

3.9. Auction Direct shall have the right to restrict or terminate your access to the fundraising platform if you breach these terms.

3.10. No failure or delay by Auction Direct to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

3.11. You agree not to assign these terms or any of your rights under it, nor sub-contract any or all of your obligations under these terms.

3.12. These terms do not and are not intended to provide any person who is not a party to the terms with any rights under the contracts (rights of third parties) act 1999 or otherwise.

3.13. If any provision of these terms is or becomes to any extent invalid or unenforceable under any applicable law then the remainder of these terms shall continue in full force and effect.

3.14. These terms are governed by and shall be construed in accordance with the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.