User Agreement

This User Agreement describes the terms and conditions applicable to your use of our services available under the domain at http://www.mycharitywins.com/princestrust (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you become a registered user of the Site. These terms govern the contract for sale (the "Contract for Sale") of any Auction Item (as defined below) by PTT to you.

1	The Prince’s Trust / PTT The goods offered on the Site (the "Auction Items", each an "Auction Item") will be sold by Prince’s Trust Trading Limited, a company registered in England and Wales under number 3161821 ("PTT") through separate auction-style listings (the "Auctions", each an "Auction"). Prince’s Trust Trading Limited is a company which has covenanted to pay its net profits each year to The Prince’s Trust, a charity registered with the Charity Commissioners under number 1079675 (the "Charity").
2	Donors All the Auction Items on the Site have been donated by a third party (the "Donor") for the sole purpose of raising funds for The Prince’s Trust.
3	Legal Capacity Only individuals who can lawfully enter into and form contracts under the applicable law may bid for and buy the Auction Items. In all cases you must be at least 18 years of age (or such other age, if greater, as may be required for us to lawfully contract with you in the jurisdiction in which you are resident).
4	User ID You must choose a user identification (the "User ID") and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall not permit, either directly or indirectly, any other person to utilise your User ID or password.
5	Legal Status of Bids
5.1	Whenever you place a bid for an Auction Item, this will constitute a legal offer. As such, the bid may not be withdrawn after it is placed.
5.2	Unless the transaction is prohibited by law or by this User Agreement, as a buyer, you have a legal obligation to complete a sale and purchase transaction with PTT in respect of the relevant Auction Item if you submit the Winning Bid (as defined below).
5.3	You acknowledge that, in accordance with Clause 6.6, each bid made by you will remain valid until either; 5.3.1 it lapses in accordance with Clause 6.11; or 5.3.2 payment of the Price and the Delivery Charges (each as defined below) has been received by PTT in respect of the relevant Auction Item. When such payment has been received by PTT, all unsuccessful bids will lapse.
6	Bidding Process
6.1	Bids may only be submitted on this Site.
6.2	Bids will not be accepted unless they are at least £5 higher than the current highest bid.
6.3	To be the winning bid in an Auction for a particular Auction Item, the bid must: 6.3.1 be the highest bid at the relevant Auction End (as defined below); 6.3.2 meet any other conditions which may be specific to that Auction Item (including but not limited to any minimum bid or reserve requirements) (the "Additional Conditions"); and 6.3.3 not have been refused or removed by PTT;
6.4	If any Additional Conditions apply, they will be published alongside the description of the relevant Auction Item on the Site. You hereby agree to any Additional Conditions in addition to the terms of this User Agreement.
6.5	PTT reserves the right to refuse or remove bids in its absolute discretion.
6.6	If in an Auction, your bid is followed by a higher bid which is later removed by PTT for any reason or if PTT is permitted to re-sell pursuant to 10.1(e) for failure to pay, it will be open to PTT to accept your bid, as though the higher bid had never been made, and your bid will be deemed to be the Winning Bid under Clause 6.3.
6.7	If your bid is successful, PTT will notify you to confirm the details of the relevant Auction Item, the amount of the Winning Bid (the "Price") and to arrange payment and delivery by a third party (the "PTT Notification").
6.8	The Contract for Sale is made when the PTT Notification is received by you. You shall be obliged to pay the Price and the Delivery Charges in accordance with Clause 8.
6.9	PTT anticipates that each of the Auctions will close to new bids on 26 February 2010. PTT reserves the right to close any of the Auctions early or to extend any of the Auctions at any time and at its discretion. An Auction may be delayed because of, amongst other things, technical difficulties experienced by PTT. The "Auction End" shall mean the time, as determined in accordance with this Clause, at which the Auction terminates and after which no further bidding can take place.
6.10	PTT reserves the right to cancel any of the Auctions for any reason, including but not limited to technical difficulties experienced by PTT or issues involving the Donor of the relevant Auction Item (such as any decision by such Donor to remove the Auction Item from the relevant Auction).
6.11	Further to Clause 6.10 above, if an Auction is cancelled for any reason, all bids for the relevant Auction Item will lapse. If an Auction which has been cancelled by PTT is subsequently re-activated by PTT, all previous bids will lapse and bidding will recommence.
6.12	If there is a dispute between you and another bidder, PTT is under no obligation to become involved in such dispute. You hereby release PTT, its officers, employees and agents and the Donor from any claims, demands or damages arising out of or in connection with any such disputes and/or this Site.
7	Auction Items
7.1	Auction Items that are successfully bid for on the Site are non-refundable and non-exchangeable.
7.2	7.2 PTT cannot guarantee the condition or suitability of the Auction Items or the fitness of the Auction Items for the stated purpose.
7.3	You acknowledge that the Auction Items may differ slightly from the photographic images displayed on this Site.
7.4	7.4 PTT assumes no risk, liability or responsibility for the authenticity or the authorship of the Auction Items (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any property is identified herein).
7.5	7.5 You acknowledge that all information that is provided as a description of each of the Auction Items is reproduced by PTT in good faith and is consistent with information supplied to PTT. As such, PTT does not make or give and does not agree to make or give any representation of fact, undertaking, obligation, guarantee, contractual promise or warranty or undertake any duty of care of any kind or nature, expressed or implied, in relation to any description (which shall include, inter alia, physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity or provenance) of any of the Auction Items or any estimate in relation to any of the Auction Items, nor in relation to satisfactory quality of any Auction Items or their fitness for purpose.
8	Payment
8.1	Payment must be received by cheque (this must be backed by a cheque guarantee card), debit card, credit card or BACS.
8.2	The Price and any Delivery Charges (as set out in Clause 13 below) must be paid to PTT within a maximum of 14 days from the PTT Notification. However, PTT may request payment at an earlier date.
9	Risk and Title
9.1	Title to the relevant Auction Item remains in and is retained by PTT until the Price and any Delivery Charges have been paid in full and received in cleared funds by PTT. Unless otherwise agreed by PTT, the relevant Auction Item will not be released to you until this time.
9.2	Risk in the relevant Auction Item passes to you once you have received the PTT Confirmation. PTT will thereafter not be responsible for the relevant Auction Item and you will indemnify PTT and keep PTT fully indemnified from and against all claims, proceedings, costs expenses and losses arising in respect of any injury, loss or damage caused to the relevant Auction Item after such PTT Notification until you obtain full title to the relevant Auction Item or it is re-sold in accordance with Clause 10.1(e).
10	PTT’s rights
10.1	If the foregoing conditions and any Additional Conditions are not complied with, without prejudice to any other remedies available to PTT by law, which for the avoidance of doubt includes the right to take legal proceedings against you for any sum due under the Contract for Sale and/or for damages for breach of contract, PTT, at its sole discretion, is entitled to exercise one or more of the following rights: to terminate the Contract for Sale immediately for breach of contract; to retain possession of the relevant Auction Item; to be paid interest on any monies due under the Contract for Sale at the annual rate 5% per annum above the base rate of National Westminster Bank Plc from time to time to be calculated on a daily basis; to retain as liquidated damages all payments made by you; or to re-sell the relevant Auction Item by any means to any third party on three days’ written notice to you of PTT’s intention to re-sell. In particular, if you have breached the payment obligations set out in Clause 8, PTT is entitled to accept the bid of the next highest bidder in the relevant Auction. If PTT exercises its right to re-sell under paragraph (e) above, you will be liable to PTT for payment of any shortfall between the Price you were due to pay and the sum of the price achieved upon resale, all other charges due hereunder and any incidental damages. PTT is under no obligation to achieve an optimum or fair market value for the relevant Auction Item upon resale.
10.2	You will indemnify PTT against all legal and other costs of enforcement, all losses and other expenses and costs incurred by PTT (whether or not court proceedings will have been issued) as a result of PTT taking any of the steps under Clause 10.1.
11	Currency All prices on the Site will be in pounds Sterling and payments must be received in pounds Sterling. The actual cost to you, if you pay in a different currency, will vary according to the standard exchange rate applied by your bank on the date of billing.
12	VAT
12.1	"VAT" means value added tax as provided for in the Value Added Tax Act 1994 and any other tax of a similar nature.
12.2	Although PTT believes that it is exempt from paying VAT for the purposes of the Auctions, if this position should change, the Price and any Delivery Charges shall be inclusive of any applicable VAT.
13	Delivery
13.1	13.1 You acknowledge that the Price does not include the costs of transport, storage, packing or insurance in respect of the relevant Auction Item which, where applicable, are to be borne by you. Any such additional charges will be notified to you by and agreed in advance with PTT (the "Delivery Charges").
13.2	PTT is not liable for any duty or seizure costs incurred during international delivery of any Auction Items.
13.3	A signature may be required upon delivery.
13.4	Damages to or loss of the Auction Items during transit are not the responsibility of PTT.
13.5	Delivery of the Auction Items is subject to delivery by the Donor. In the event that delivery does not occur at all for whatever reason, you agree that your sole remedy will be to receive a refund of any payment received by PTT from you.
14	Liability
14.1	PTT endeavours to ensure that the information and other material on this Site are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions from this website.
14.2	PTT will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
14.3	Except as specifically set out in this User Agreement, PTT makes no representation and expressly excludes all conditions or warranties, expressed or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the Auction Items available, to the full extent permitted by English law.
14.4	PTT shall not be liable for any claims or losses of any nature arising directly or indirectly from any inability by you to access the Site because of, amongst other things, technical difficulties experienced by PTT, the Donor or the Internet. PTT makes no warranty that the Site will meet your requirements, or that it will be timely, secure or error free.
14.5	PTT shall not in any circumstances be liable in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss, howsoever caused or arising in connection with this User Agreement or your use of this Site, or Auction Items purchased by you.
14.6	Without prejudice to any of the foregoing, you agree that PTT will only be liable for direct loss up to a maximum total of the amount paid by you for the relevant Auction Item(s) in respect of any one incident or series of incidents attributable to the same cause.
14.7	Nothing in this User Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of PTT or for any other liability to the extent which it cannot be lawfully excluded.
15	Use of Site content
15.1	This Site includes a number of registered names, registered and unregistered trade marks, business names and logos of PTT and other organisations and all intellectual property rights in respect of these, and the appearance and design of the Site and the materials and contents displayed on this Site (the "IP Rights") shall belong to PTT or those other organisations (as applicable). Neither PTT nor any other organisations are granting you any right or licence to use or amend any of the IP Rights and you may only print and download from the Site in accordance with Clause 15.3.
15.2	This Site is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from this Site.
15.3	You may only download to your personal computer for viewing purposes and print out a number of pages of this Site for your personal use in order to utilise the Auction services being offered by PTT on this Site.
16	Links PTT assumes no responsibility for the contents of the "www.mycharitywins.com" website to which this Site has links. As such, PTT shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on that hyperlinked site over which PTT has no control. The inclusion of this and any other hyperlinks to other websites (other than to the Charity’s website) does not mean that PTT endorses the material on such websites or has any association with the owner thereof.
17	Data Protection
17.1	PTT complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by PTT and will only be used by PTT or disclosed to a third party (such as the Donor) if such use or disclosure is required for the purposes of this User Agreement or as otherwise instructed by you.
17.2	If necessary, PTT will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.
18	PTT may alter the terms of this User Agreement at any time and from time to time without prior notice to you or your consent by including a revised version on the Site. Accordingly, you should ensure that you regularly review the User Agreement on the Site to keep yourself informed of such changes.
19	Assignment You shall not assign, transfer sub-license, mortgage charge or otherwise dispose of any of your rights, interests or obligations under this User Agreement to any person or organisation.
20	Severability If any provision of this User Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this User Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this User Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this User Agreement.
21	Third Party Rights This User Agreement does not create or confer any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this User Agreement.
22	Limitation You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to the purchase of Auction Items, use of the Site or this User Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred.
23	Waiver Failure by PTT to exercise any right or remedy under this User Agreement does not constitute a waiver of that right or remedy.
24	Gender, plural/singular References in this User Agreement to the singular will include references to the plural (and vice versa) and references to any one gender will include reference to other genders.
25	Juristiction This User Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction. Every Auction that is carried out on this website shall be deemed to be performed in England.