ONLINE CHARITY AUCTION USER TERMS AND CONDITIONS
These terms and conditions apply to all online bids at Charity Auction conducted by The Bible Society of Singapore. By submitting your bid for the artwork of your choice, you expressly agree to be legally bounded by these terms and conditions.
1 Definition of Words and Expressions
In these Terms and Conditions unless inconsistent with the context or otherwise specified the following definitions will apply to words and expressions:
“Services” means the content, features and functionality provided via this Website to facilitate the online Charity Auction through which The Bible Society of Singapore can sell and you can buy the artwork(s);
“Terms and Conditions” means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website whether by hypertext link or otherwise;
“Transaction” means any transaction effected through the Services including but not limited to the contract of purchase and sale between you and The Bible Society of Singapore; “Website” means this Charity Auction website located at https://coloursofthebible.org/ or any subsequent URL used by us from time to time;
“We”/ “Us” means The Bible Society of Singapore (“BSS”), whose registered office is at 7 Armenian Street, Bible House, Singapore 179932;
“You” means the person accessing and using this Website and/ or the legal entity you represent during the course of employment or engagement by that entity.
2.1 The bidding for our charity auction is available only to individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, the charity auction is not available to minors. If you are a minor, you may make a bid only in conjunction with your parent or legal guardian. If you do not qualify, please do not bid. You agree to maintain at all times the accuracy of the information given to us – your full name, contact number, and email address. Failure to do so disqualifies your bid for that auction.
2.2 If you are placing a bid on behalf of your company, you represent and warrant that you have the authority to bind the company to these Terms and Conditions.
3 Online Bidding Process
3.1 When the auction opens, you can bid for an artwork of your choice by clicking on the “BID NOW” button. After a first bid has been placed for a particular artwork, the auction for that particular artwork will close in 14 days. Each bid shall be final and binding as soon as you click the “PLACE BID” button. You acknowledge that you are bidding in an online auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted on our Charity Auction page via our Colours of the Bible website (including the liability to pay in full and on time in accordance with the Bid Conditions for any bid that is the subject of a successful bid submitted by yourself on our Charity Auction page). Any bid that you make via this website constitutes a legal offer to buy the artwork from us.
3.2 The Bible Society of Singapore is entitled to set applicable minimum bids or reserve requirements and is entitled to change these during the auction period.
3.3 All auctions are conducted in Singapore Dollar (S$). You are responsible for ensuring that you have sufficient funds to cover the cost of your bid and make payment in accordance with the applicable payment method.
3.4 This website does not support the practice known as “sniping” – where bidders place bids within the final few minutes of an auction and do not allow other bidders time to respond.
3.5 The winning bid in any auction will be the highest bid that is submitted to The Bible Society of Singapore (excluding situations where the artwork was “sniped”).
3.6 Please note that The Bible Society of Singapore reserves the right to reject a bid, should we suspect foul play, or for any reason at any time prior to, during or after the auction.
3.7 If you bid for an artwork via the website, you acknowledge and agree that if you have the highest bid after the auction ends and The Bible Society of Singapore has confirmed acceptance of your bid, you have entered into a legally binding contract to buy the item from The Bible Society of Singapore.
3.8 Upon acceptance of your bid by The Bible Society of Singapore, you will be notified of the payment method details and details for you to arrange for collection of the artwork from The Bible Society of Singapore located at 7 Armenian Street, Bible House, Singapore 179932.
3.9 If for whatever reason The Bible Society of Singapore is unable to contact you within 48 hours of the closure of the auction and/ or there is a problem with your payment of the artwork, The Bible Society of Singapore will be entitled in their discretion to offer the artwork to the next highest bidder, to re-auction the artwork or dispose of the artwork by any other means.
3.10 By clicking and acknowledging that you agree to these Terms and Conditions before you “PLACE BID”, you certify that you accept these Terms and Conditions.
3.11 You agree to comply with all applicable laws, statutes and regulations concerning your use of the website.
4.1 Payment for the artwork can only be made via Stripe or by cheque.
4.2 Details of the payment method will be provided to you by The Bible Society of Singapore if your bid is successful.
4.3 The amount of any successful bid is exclusive of any delivery or collection costs.
5 Collection of Artwork(s)
5.1 Details relating to collection of artwork(s) will be sent to you upon acceptance of your successful bid by The Bible Society of Singapore.
5.2 You will at your own expense collect any artwork you have purchased from The Bible Society of Singapore located at 7 Armenian Street, Bible House, Singapore 179932 upon payment of cleared funds to The Bible Society of Singapore. You are responsible for any removal, delivery and storage charges on any artwork not taken away within 14 days after notification to collect the item from The Bible Society of Singapore. The Bible Society of Singapore will be entitled in their discretion to offer any items not taken away within 14 days after notification to contact the next highest bidder, to re-auction the items or dispose of the items by any means.
5.3 Subject to Clause 3 above, ownership of goods will transfer to you when The Bible Society of Singapore has been paid in full and the goods have been collected.
6.1 Other than as may be required under law, The Bible Society of Singapore will not under any circumstances accept the return of collected artwork(s).
6.2 You are responsible for inspecting any artwork(s) at the time of collection to ensure that they match the items described on the Website.
6.3 In limited circumstances, where you are legally entitled to return the artwork, it must be returned directly to The Bible Society of Singapore within 14 days of collection. Refunds will be processed and issued after the item that is entitled to be returned has been received by The Bible Society of Singapore in its original or delivered state.
6.4 In the event of a dispute about an item, you and The Bible Society of Singapore agree to follow the dispute resolution procedure set out in Clause 13 below.
8 Conditions of Sale (Overseas)
8.1 In the event that the highest bid is from an overseas user, the overseas winner will have to bear the cost of shipping of the artwork(s) his/ herself. Any accidental damage caused during the shipping will be borne by the customer his/ herself. The Bible Society of Singapore will not be held liable for any loss or damage of the artwork(s) during transit.
9 User Conduct
9.1 A User’s right to use the Website is personal to the User. You warrant that your use of the Website is and will be in accordance with all applicable laws and regulations. You agree: (1) not to use the Website for illegal purposes; (2) not to interfere or disrupt networks connected to the Website; (3) to abide by all rules, guidelines, terms and conditions as listed in these User Terms and Conditions and on the Website; and (4) not to transmit through the Website any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind or nature whatsoever.
10 Intellectual Property Rights and Copyright
10.1 Proprietary Rights
As between you and The Bible Society of Singapore, The Bible Society of Singapore owns, solely and exclusively, all rights, title and interest in and to the Digital Platform, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the Digital Platform, and the compilation of the content, code, data and materials on the Digital Platform, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Digital Platform does not grant to you ownership of any content, software, code, data, or materials you may access on the Digital Platform.
11 Limitation of Liability
11.1 THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 11 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE BIBLE SOCIETY OF SINGAPORE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.2 UNDER NO CIRCUMSTANCES WILL THE BIBLE SOCIETY OF SINGAPORE OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOUR BEING EXPOSED TO INFORMATION CONTAINED ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING OPINIONS OR ADVICE REGARDING THE IDENTIFICATION, VALUATION OR CARE OF THE ARTWORKS.
11.3 NEITHER THE BIBLE SOCIETY OF SINGAPORE, ANY THIRD-PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SITES OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJDUICE TO THE ABOVE, IN ANY EVENT OUR LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDING:
(a) THE AMOUNT PAID OR PAYABLE BY YOU OR THE HIGHEST BIDDER TO THE BIBLE SOCIETY OF SINGAPORE FOR THE ARTWORK(S) TO WHICH THE CLAIM RELATES FOR ONE INCIDENT OR SERIES OF INCIDENTS ATTRIBUTABLE TO THE SAME CAUSE OR IF NO SUCH AMOUNT IS PAID OR PAYABLE THE MARKET VALUE OF SUCH ARTWORK(S); OR
(b) WHERE NO AMOUNT IS PAID OR PAYABLE THE MAXIMUM SUM OF $500.
12 User Indemnity
12.1 You agree to indemnify, defend, and hold The Bible Society of Singapore and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all actions, claims, liability, losses, damages, costs, and expenses (including attorneys’ fees) we incur arising directly or indirectly as a result of your breach of these Terms and Conditions, including without limitation any claim against us by The Bible Society of Singapore that you have not honoured your commitments in respect of a transaction. The Bible Society of Singapore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Bible Society of Singapore’s defense of such claim.
13 Dispute Resolution Procedure
13.1 This agreement and any rights arising outside this agreement shall be governed by the laws of Singapore.
13.2 In the event of any dispute with The Bible Society of Singapore arising in relation to these Terms and Conditions, you agree to adhere to the following dispute resolution procedure:
(a) You will notify us of the nature of the dispute as soon as possible at the address set out at Clause 14 below;
(b) If any dispute is not resolved within 30 days from the date on which a notice setting out the nature of the dispute is received by us, either you and or us may request a meeting within 14 days with the relevant parties who have the power to resolve the dispute.
(c) If any dispute is not resolved within 14 days following the meeting referred to in sub-clause (b) above, any party may then take such steps as it feels are necessary to resolve the dispute.
13.3 Consent to mediation shall not be unreasonably withheld.
14.1 Except as otherwise stated, any notices that you wish to send to us should be e-mailed to firstname.lastname@example.org. Any notices that we may wish to draw to your attention will be displayed on the Website.
14.2 Notices will be deemed received upon confirmation of complete receipt being given by us.
15 Termination of the Service
15.1 We reserve the right in our sole discretion to:
(a) Discontinue any auction or bid and exclude you from using the Service where you are in breach of any of these Terms and Conditions;
(b) Suspend or discontinue the Service at any time.
16 Governing Law
16.1 The Terms and Conditions and the relationship between you and us shall be governed by the laws of Singapore, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Singapore. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by The Bible Society of Singapore must be made in writing and signed by an authorized representative of The Bible Society of Singapore specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, The Bible Society of Singapore’s successors, assigns and licensees. There are no third party beneficiaries to this Agreement: a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 2001 to rely upon or enforce any term or provision of this Agreement.
17 Changes to These Terms and Conditions
17.1 We may from time to time make changes to these terms and conditions. Any changes will be posted on our Website and we will endeavor to notify you of the same by means of a notice and link to the revised terms on our website via email. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. If you placed a bid after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not place a bid on our Charity Auction webpage.
18 Communication with You
18.1 To contact our Customer Service – please use any of the options listed below:
(a) Contact Us by Email: email@example.com
(b) Contact Us by Phone: 6304 3775/ 6304 3769 during the service hours of 930am – 530pm (GMT + 8), Monday through Friday*.
(c) Contact Us by Mail: The Bible Society of Singapore, 7 Armenian Street, Bible House, Singapore 179932
*Our service hours may be reduced during certain national and or religious holidays.