NEWMEMORY AUSTRALIA PTY LTD
SILENT AUCTION - TERMS AND CONDITIONS December 2023
These terms and conditions (“Terms and Conditions”) govern any participation in this charitable silent auction (“Auction”). By placing a bid on the item (“Keynote”) in the Auction, each bidder agrees to these Terms and Conditions.
1 Cerebral Palsy Alliance
1.1 The proceeds of the Auction will be paid to Cerebral Palsy Alliance – ABN 45 000 062 288 (“CPA”) as a donation, to provide public benefit in accordance with CPA’s charitable objects.
1.2 CPA is registered as a charity with the Australian Charities and Not-for-Profit Commission (ACNC). CPA is a public benevolent institution endorsed as a Deductible Gift Recipient (DGR) to access certain tax concessions by the Australian Taxation Office (ATO).
2 Eligibility
2.1 In order to participate in the Auction, individuals must be aged 18 or over (“Participants”).
2.2 Any Participant found to be under 18 years of age or who does not otherwise meet any other eligibility requirements automatically forfeits the right to any auction lot (as defined below at clause 3.3). Newmemory Australia reserves the right to carry out checks to verify the age of Participants.
3 The Auction and Bidding Process
3.1 The Auction will be conducted in Australian Dollars (AUD).
3.2 This Auction will run from 09:00 on 11th December to 17:00 on 22nd December 2023 (“Term”). Any bid made by a Participant after these stipulated times and dates will not be deemed to be a valid and effective bid.
3.3 To place a bid on the Keynote, Participants must either:
3.3.1 complete and submit an Online bid form, to which such bid relates and the amount of such bid (a “Bid Form”); or
3.3.2 submit a bid via email including their bid amount to guy.newman@newmemory.com.au
3.4 Each bid, whether entered on an Online Bid or submitted via email, constitutes an offer to purchase the Keynote at the bid price.
3.5 Participants cannot revoke or otherwise cancel a bid once it has been placed.
3.6 Subject to clause 6.4, the winner of the Auction will be the Participant who places a bid which exceeds all other bids, subject to the meeting of any reserve price, at the conclusion of the Auction and which is confirmed as such by Newmemory Australia (“Winning Bidder”). In the event that two or more bids are equally the highest bid, the Auction shall be awarded to the bid received first.
3.7 The Winning Bidder of the auction will be determined at 1700hrs on 22nd December 2023 and confirmed by email to the winning bidder with a further email in the following days.
3.8 The decision as to the winner of the auction is at the absolute discretion of Newmemory Australia and will be final.
3.9 Newmemory Australia reserves the right to refuse or remove any bid in its absolute discretion.
3.10 Newmemory Australia reserves the right to close the Auction early or to extend it at any time in its absolute discretion.
3.11 Further to clause 3.10, if the Auction is cancelled for any reason and subsequently reactivated, all previous bids will lapse and bidding will recommence.
3.12 If any dispute arises as to the identity of a Winning Bidder, Newmemory Australia shall have absolute discretion. Newmemory Australia, its representatives, employees and agents are hereby released from any claims, demands or damages arising out of or in connection with any such dispute.
4 Donors
The Keynote that is offered for auction have been donated by Newmemory Australia for the sole purpose of raising funds for CPA’s charitable objects.
5 Lot (Prize)
5.1 The Auction description is available online and in print and contains a detailed description of the prize. Where able to do so, prospective bidders should inspect the Keynote offering before bidding to determine its condition and characteristics.
5.2 Participants acknowledge that information provided as a description of the Keynote is reproduced by Newmemory Australia in good faith.
6 Payment
6.1 The amount of the Winning Bid is inclusive of any applicable GST.
6.2 The Winning Bidder shall pay the winning bid price within 28 days of the Auction ending.
6.3 Payment can be made by debit or credit card or by bank transfer.
6.4 In the event that the winning bid is not paid in full on the expiry of the 28-day period in accordance with clause 6.2, Newmemory Australia may offer the Keynote to the next highest bidding Participant.
6.5 Newmemory Australia cannot accept any liability for payments not received from Winning Bidders as a result of failures in the postal service or otherwise.
6.6 Ownership of the Keynote package shall not pass to the Winning Bidder until payment is made in full in accordance with clauses 6.2 and 6.3 above.
7 Liability
7.1 Newmemory Australia endeavours to ensure that the information and other material on the website for the silent auction is correct and complete, but does not accept liability for any errors in or omissions from the information provided.
7.2 Newmemory Australia will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
8 Data Protection
8.1 “Data Protection Laws” means the Australian legislation The Privacy Act 1988 (Privacy Act)and all applicable laws and regulations relating to the processing of personal data and privacy, including any guidance and codes of practice issued by the Information Commissioner from time to time.
8.2 Newmemory Australia collects and processes personal data in accordance with Data Protection Laws. As such, the personal information of Participants will be held confidentially by Newmemory Australia and will only be used by Newmemory Australia or disclosed to a third party if such use or disclosure is required for the purposes of delivering the Keynote to a Winning Bidder or as otherwise instructed by a Participant.
8.3 Winning Bidders will be asked to give their consent for the publication of their names on Newmemory’s website and Newmemory’s social media channels.
9 Severability
If any provision of these Terms and Conditions is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be deleted and the Terms and Conditions shall remain in full force and effect as if the provision had not originally been contained in these Terms and Conditions.