| ||STAYZ GIVE & GETAWAY CHARITY AUCTION 2012
1. By registering to participate in the Stayz “Give & Get Away” Charity Auction promotion, you acknowledge that you have read, understand and agreed to be bound by these bidder rules. Stayz Pty Ltd (Stayz) reserves the right to update and change these rules from time to time.
2. Stayz provides the auction-style online marketplace at http://www.giveandgetaway.stayz.com.au as a venue for property owners and managers (Participants) to advertise and promote holiday accommodation packages at their properties (Items) for people to bid on and for the money paid by the successful bidder to then be donated to charity. Stayz is not involved in any transaction entered into through the online marketplace, other than to receive payment and remit it to the charity partners behalf of the Participant. Stayz is not involved in the buying, selling, exchanging or dealing of Items in the online marketplace, nor is it soliciting bids on behalf of anyone.
3. The Items offered through the online marketplace are provided by Participants and Stayz assumes no responsibility for the Items. Unless otherwise implied by law, Stayz makes no representation or warranties with respect to the goods and services offered by Participants through the online marketplace. Participants are solely responsible for the descriptions of Items offered through the online marketplace and the condition, estimates, price representations and all other matters relating to the offer and sale of the Items. All concerns regarding the Items (other than concerns relating to the operation of the online marketplace itself) should be addressed to the relevant Participant.
4. You are prohibited from using any method, mechanism, device or software to affect the proper functioning of the online marketplace and website. Stayz may in its discretion and without notice terminate the right of any bidder in the online marketplace or user of the website to participate in the online marketplace or use the website if Stayz reasonably suspects that person of having breached this rule.
5. All content on this website is the property of Stayz or the Participants. Stayz grants a limited licence to each user of the website to make personal use only of the website and its content. Any other use, including reproduction, modification, distribution, transmission or display of the content on the website is strictly prohibited.
6. Stayz provides this website and services on it on an “as is” basis and without any warranty as to title, merchantability or fitness for purpose. Stayz does not guarantee continuous, uninterrupted access to this website or services on it. The operation of this website may be interfered with by factors outside our control.
7. The online marketplace is governed by and construed in accordance with the laws of New South Wales. You agree to comply with all applicable laws and regulations regarding participation in the online marketplace and use of the website.
8. The Stayz “Give & Get Away” Charity Auction promotion commences on Friday 15th June 2012 at 0900 hrs (AEST) and ends on Friday 3 August 2012 at 2100 hrs (AEST), with a separate auction being conducted each day during the promotion period. The Items offered for sale and the dates and times for each auction will be as specified on this website. Starting and ending times for each auction are determined by the website clock. Bids will be accepted between these times only.
9. Stayz reserves the right to extend, terminate or modify the online marketplace or any individual auction, in the event of technical difficulties that affect the proper functioning of the online marketplace.
10. Bidding is open to any person who is aged 18 years or over. Employees of Stayz are eligible to participate. Employees or family members of Participants may bid, but not on Items that are provided by their respective Participant.
11. Bids can only be placed through the online marketplace at http://www.giveandgetaway.stayz.com.au. Once a bid is made it cannot be withdrawn.
12. The starting minimum bid for any Item is $50. Bids are displayed in Australian dollars (including GST) and must be made in increments of $10 (minimum). Bidders may use the “maximum bid” function whereby the bidding system will automatically submit a higher bid when the Bidder is outbid on the Item. The bidding system will continue to automate incremental bids of $10 until the maximum bid as set by the Bidder is met. After this point it is the responsibility of the Bidder to continue bidding on the Item.
13. You may receive emails confirming bids you place, notifying you that you have been outbid by another bidder, or notifying you that you are the successful bidder. These emails are for information purposes only. Neither their transmission nor their omission constitutes any change in the status of your bid or those of other bidders. Only the record of bids in the online marketplace system constitutes the true bid record.
14. It is your responsibility to monitor the outcome and status of your bids on the online marketplace website and, in the event you are outbid by another bidder, to determine whether to continue bidding on an Item. If you are outbid by another bidder, to continue bidding you must submit a new bid the amount of which must be at least $10 more than the current leading bid on the Item.
15. In the event of a dispute between bidders or between bidders and Stayz, or in the event of doubt or dispute as to the validity of any bid, Stayz will have the discretion to determine the successful bidder. All decisions by Stayz are final and binding.
16. Stayz is not responsible for any bids that are lost, misdirected or incomplete, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder’s ability to participate in the online marketplace.
17. Stayz is not responsible for any telecommunications or other charges you may incur in connection with participating in the online marketplace.
18. At the close of the auction, the highest bidder for an Item will be the successful bidder for that Item (the Buyer) and they will be sent an automated email from Stayz notifying that they are the Buyer for that Item. Payment for the Item will also be requested in this email.
19. As a Buyer, you must make full payment of the total purchase price in Australian dollars within 72 hours after being notified by Stayz.
20. If a Buyer cannot be contacted, or if payment is not received in full within the required time, Stayz reserves the right to disqualify that bidder and deem the next highest bidder on the Item to be the Buyer at their highest bid amount. Stayz may in its discretion continue the process of disqualification and notification of subsequent bidders or remove the Item from sale.
21. Unless otherwise notified, the Buyer must pay the total purchase price to Stayz by credit card using the online payment system on this website or by direct deposit. Only Visa and Mastercard will be accepted via the credit card payment gateway. A transaction fee of 1.75% of the total purchase price plus a further $0.30 will be payable by the Buyer. Details for direct deposit will be supplied to the Buyer at the conclusion of the auction Item being won.
22. Following the end of the Stayz “Give & Get Away” Charity Auction promotion, Stayz will remit the purchase price for each Item as a donation to its charity partners.
Redemption of Items
23. Once full payment of the purchase price has been received on an Item, the Buyer will receive a congratulations email from Stayz which will serve as an accommodation voucher to be presented to the Participant to make the booking. All arrangements for the booking must be made by the Buyer with the relevant Participant.
24. The Buyer must book and take their accommodation within one year after the end of the promotion, that is, by 3 August 2013. Accommodation may not be booked during exemption periods (public holidays, Christmas and New Year (15 December 2012 to 15 January 2013), Easter period, school holidays and official public holidays in the State or Territory where the property is located. Outside of these periods, accommodation is subject to availability.
25. You agree and acknowledge that Stayz is not responsible for any cost, expense or liability in relation to your participation in the promotion, and that, apart from facilitating the reaching of an agreement for accommodation between the bidder and Participant, Stayz has no responsibility or liability in relation bidders’ or Participants’ arrangements. Unless expressly stated as being included in the Item, spending money, meals, insurance, transport to and from the property, transfers, security bond, linen or cleaning fees, items of a personal nature, in-room charges and all other costs are not covered by the voucher and are the responsibility of the Buyer and their travelling companions.
26. All Items purchased through the online marketplace are subject to Stayz’ standard Consumer Conditions of Use which can be found at www.stayz.com.au/terms-and-conditions. Buyers must also agree and adhere to the individual Participant’s terms and conditions, including in relation to cancellation and changes to bookings. As all proceeds from Items purchased through the online marketplace are donated to charity following the end of the promotion, no refunds will be paid by Stayz.
Registration and privacy rules
27. You must register to place bids. Registration requires your name, phone number, state and email address. This information will be used to contact you in the event you are a successful bidder and will be shared with the relevant Participant. You will be create a unique User Name that allows you to place bids and follow their progress in the online marketplace.
28. When filling out the registration form, online marketplace useres are given the opportunity to elect to receive promotional offers from Stayz and charity partners. By clicking on the corresponding tick boxes, a user may opt in to receive these offers.
29. When paying for an Item, additional information such as a credit card number may be collected from the Buyer. This information is collected solely for the purposes of allowing the Buyer to pay for the Item on which they are the successful bidder. The credit card information is not stored in the online marketplace system once the transaction is processed.
30. All information is collected for the sole use of Stayz and the relevant Participant. This information will not be communicated to any third parties without your consent.