A. AidArena conducts a website whereby donors can list items for sale, purchasers then bid on those items, and the donors can nominate a charity to receive the sale proceeds ("the facility" which term includes a reference to the AidArena Website Terms and Conditions as revised from time to time).
B. The charity proposes to participate in the facility.
C. These terms apply if a donor nominates the charity to receive the sale proceeds.
D. The charity acknowledges that AidArena is not conducting or assisting in the conduct of an appeal for support and that AidArena's sole role is the operation of the facility in return for which it will be entitled to receive the administration fee.
E. The charity acknowledges AidArena is simply providing a venue or forum so that participants can offer, sell and buy items, and is not conducting any auction or arranging any sales.
Terms and Conditions
1. AidArena will pay the sale proceeds (less the administration fee) to the charity by direct transfer into the charity's nominated bank account. Payment will be made within a reasonable time after 30 days have elapsed from the end of the month during which the funds become available from the buyer.
2. AidArena will on request provide the charity with accounts showing sales for which the charity is the nominated recipient including the amount of the sale proceeds, the administration fee and the payment dates and details of all receipts issued to the donors.
3. The charity acknowledges that the administration fee is wholly in respect of the operation by AidArena of the facility.
4. The charity authorises AidArena to deduct the administration fee from the sale proceeds.
The administration charge of the sale proceeds is:
5. The charity authorises AidArena to issue the receipt to the donor for the donation of the sale proceeds.
6. Either the charity or AidArena can terminate the charity's participation in the facility by 30 days notice in writing.
7. The charity warrants and represents to AidArena that it holds any licences or authorities required by law and that it is acting in compliance with the Terms and Conditions of any such licences or authorities. The charity will indemnify AidArena for any liability it may incur as a result of any failure by charity to comply with such licences or authorities.
8. This agreement does not create any partnership, joint venture or agency relationship between AidArena and the charity. Neither party may enter into any agreements or incur any liabilities on behalf of the other party without the prior written consent of that other party.
9. The charity will indemnify and keep AidArena indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to any claim made by any third person in connection with or arising out of any breach by the charity of its obligations under this Agreement, or the charity's misuse of, or unauthorised use of, the website.
10. Subject to clauses 11 and 12, the parties agree that AidArena will not be liable for any amount of loss or damage (including any indirect or consequential loss or damage) suffered by the charity as a result of any breach of this Agreement, statutory cause of action, common law cause of action or tort (including negligence).
11. If AidArena supplies services to the charity as a ‘consumer' of services within the meaning of that term in the Trade Practices Act 1974 (Cth) as amended, or similar state legislation, nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act 1974 (Cth), or similar legislation, cannot be excluded, restricted or modified.
12. If the services provided by AidArena to the charity are services not ordinarily acquired for personal, domestic or household use or consumption pursuant to Section 68A of the Trade Practices Act 1974 (Cth), and similar provisions of relevant state legislation, AidArena limits its liability to payment of an amount equal to the lesser of either supplying the Services again, or the payment of the cost of having the Services supplied again.
13. This agreement is subject to the laws of the state of Queensland.
14. AidArena may amend this Agreement from time to time and any such amendments will be effective thirty (30) days after notification to the charity. The amendments may include a change to the administration fee but any such change will only apply to sales completed after the amendments take effect. The continued participation by the charity in the facility will constitute acceptance by the charity of the amended Agreement.
15. In addition to any other lawful means any notice or communication in connection with this Agreement may be given by AidArena to the email address advised by the charity at the time of registration (or any updated email address subsequently advised by the charity).