Silent Auction Terms of Use

Silent Auction Terms & Conditions

1. Terms and Conditions: These terms and conditions apply to the silent auction being conducted by DineForLanka on fundraising authority of Kind Hearted Lankans of 211/89 Roden Street, West Melbourne VIC 3003 (ABN 39 408 106 253) using the online auction platform service provided by Galabid Pty Ltd (Unit 7, 106 Old Pittwater Road, Brookvale NSW 2100) (Galabid) to be conducted between 6pm AEST 1 August 2019 and 12pm AEST 21 October 2019. In participating in the auction, you agree to be bound by these terms and conditions and the terms and conditions of each auction item provider set out below. If you do not accept these terms and conditions, you must refrain from participating in the auction.

2. These terms and conditions must be read in conjunction with: (a) any applicable terms and conditions governing the use of Galabid's website (https://www.galabid.com/terms-and-conditions?&lang=AU) (Galabid Website) and auction platform service which you are required to accept upon registration to bid in the auction;. (b) the terms and conditions of the auction item provider set out next to each prize below; and (c) the website terms and conditions of use contained on this website. In these terms and conditions, the expressions "we" , "us" and "our" are a reference to any one or more of members of the DineforLanka committee acting for and/or on behalf of Kind Hearted Lankans Incorporated ABN 39 408 106 253 (KHL).

3. Proceeds from auction sales: Proceeds* from the purchase of the auction items listed below will be donated to Kind Hearted Lankans’ efforts to support the victims and families impacted by the 21 April 2019 terrorist attacks in Sri Lanka. Please note that the payment platform, Stripe, charges a processing fee which will be deducted from the amount paid in respect of each auction item if you are the successful bidder. *As specified in the Terms & Conditions on Galabid ‘s platform, a number of auction items are individually identified as being provided by Galabid and in relation to those individually identified auction items any amount paid up to the reserve price for a Galabid item will be paid to Galabid and any amount above the reserve price will be paid to Kind Hearted Lankans. These items are item number 2, 3, 5, 7, 10, 13, 14, 16, 17, 19, 21, 23. The total gross proceeds received by Galabid in relation to these auction items will be up to A$21,115 in aggregate assuming all 10 GalaBid items are sold. Winning bids will be inclusive of any GST (where applicable).

4. Right to participate in auctions: Persons under the age of 18 years are not permitted to participate. In order to participate in an auction, you must become a registered user. To become a registered user, you must complete your registration details in the manner described on the Galabid Website and comply with the terms and conditions of use of that website. Any registered user is entitled to participate in an auction as a bidder.

5. Auction process: You agree to be bound by the terms of the auction process as set out in Galabid's Website.

6. Disclaimer: We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in participating in the auction, use and enjoyment of the auction items or in connection with your use of Galabid's website, nor do we accept any responsibility for any such loss or damage arising out of your use of, or reliance on, information contained on, or accessed through, Galabid's website. We offer no warranties in relation to goods or services sold or listed pursuant to the auction process. We also offer no warranty in relation to the availability of the auction service. You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these terms and conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of a sale. You acknowledge that we make no representation as to the ownership of title in auctioned goods which are not goods owned by us. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

7. No warranty: Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

8. Personal information: A participant in this auction authorises Kind Hearted Lankans to collect, use and disclose that person's personal information for the purpose of participating in the auction. Any successful auction participant consents to Kind Hearted Lankans' use of their full name and other details for any promotional, marketing and publicity purposes in any media worldwide without any fee being paid. Information that Kind Hearted Lankans is required to collect by law for the conduct of this auction and funds raised as a result will be retained for a period of 7 years.

9. Disqualification and Cancellation: If Kind Hearted Lankans forms a reasonable view that any bid or the auction process for any participant has been tampered with or otherwise does not comply with these Terms and Conditions, Kind Hearted Lankans reserves the right to disqualify that participant at its sole discretion. If for any reason Kind Hearted Lankans determines in good faith and at its sole discretion that the auction is not capable of running as planned due to any agent or event beyond the reasonable control of Kind Hearted Lankans which might corrupt or affect the administration, security, fairness, integrity or proper conduct of the auction or which may change the intended result or prevent or hinder its determination (Extenuating Circumstances) Kind Hearted Lankans may at its sole discretion (subject to any directions or necessary approvals from the relevant authorities) vary, postpone, suspend or cancel the auction at any time. In the event of cancellation, Kind Hearted Lankans will use its best endeavours to recommence the auction on similar terms and conditions if, at its sole discretion, it is feasible to do so.