Terms & Conditions

These terms and conditions (the “Terms and Conditions“) govern any participation in this charitable auction (“Auction“).

By bidding in the Auction, you expressly agree to be bound by these Terms and Conditions.

   
1. Purpose
1.1. The purpose of this agreement is to define the terms and conditions under which the bidder agrees to participate in the Auction. Lacuna Agency organises the Auction. All items ” (“Item”), as displayed on www.partywithapurpose.info, has been given to Lacuna Agency, and it shall be the sole responsibility of Lacuna Agency to auction this Item for charity purposes.
1.2. Proceeds of this Auction will be donated to Polished Man. The successful bidder will be asked to make immediate payment by donating to https://my.polishedman.com/lacunaagencyxnunnmedia in accordance with Clause 6.2.
   
2. Legal capacity
2.1. Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy Item
   
3. Legal status of bids
3.1. Each placement of a bid will constitute a legal offer, which on acceptance by Lacuna Agency will form an agreement, which will be binding on the bidder.
3.2. For the avoidance of doubt and as set out in clause 4.4 below, all bids will remain valid until payment for the Item being offered for auction have been received.
   
4. Bidding process
4.1. Persons wishing to enter the Auction must text 0423 935 974 with their name, contact details and bid.
4.2. All entries must be received latest by 11:59pm EST on the closing date of the Auction.
4.3. The winning bid in the Auction will be the highest bid, which meets any conditions that may be applicable (“Winning Bid”).
4.4. If a bid is followed by a higher bid that is later removed by Lacuna Agency for any reason, it will be open to Lacuna Agency to accept the earlier bid, as though the higher bid had never been made.
4.5. If a bid is successful, Lacuna Agency will notify the bidder via text message or email to confirm the amount of the Winning Bid and to arrange payment and delivery.
4.6. If there is a problem with payment by the successful bidder of the amount of the Winning Bid, Lacuna Agency reserves the right to offer the Item to the next highest bidder.
4.7. Lacuna Agency reserves the right to refuse or remove bids in its absolute discretion.
4.8. Lacuna Agency reserves the right to close the Auction early or to extend it at any time and at its discretion.
4.9. Further to clause 4.7 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse, and bidding will recommence.
4.10. If there is a dispute between bidders, Lacuna Agency is under no obligation to become involved in such a dispute. Lacuna Agency are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.
   
5. Items
5.1. The Items bought through the Auction are non-refundable and non-exchangeable. Lacuna Agency cannot guarantee the condition, content or suitability of the item. Bidders must satisfy themselves that they comply with any specific eligibility criteria regarding the Item, which are detailed in their description as available on www.partywithapurpose.info
5.2. Bidders acknowledge that all information that is provided as a description of the Item is reproduced by Lacuna Agency in good faith. As such, Lacuna Agency cannot be held responsible for inaccurate or misleading descriptions.
5.3. Lacuna Agency shall have the right to substitute the Items of a similar description and standard, if for any reason the relevant Items are not available or for any other substantial reason. In the event of such substitution before the close of the auction, a bidder may withdraw a bid by notice to Lacuna Agency, such notice to be received before the close of bidding. In the event of a substitution after the close of the auction the winning bidder shall have the right to decline the substitution within seven [7] days and, where applicable, the right to a refund of monies paid. In the event that the winning bidder does not accept the substituted Item, the Item will be offered to the next highest bidder.
   
6. Payment
6.2. Unless otherwise agreed by Lacuna Agency, the Item will not be released until payment has been received and cleared funds have been received.
   
7. Currency
7.1. The auction will be conducted in AUD dollars.
   
8. Liability
8.1. Lacuna Agency endeavors to ensure that the information and other material on this web site are correct and complete but does not accept liability (except as set out below) for any errors in or omissions from these Terms and Conditions.
8.2. Lacuna Agency will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
8.3. Except as specifically set out in this Agreement, Lacuna Agency 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 auctioned Item.
   
9. Links
9.1. Lacuna Agency assumes no responsibility for the contents of any other web sites to which this web site has links. As such, Lacuna Agency shall not be held responsible or liable for any losses or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyperlinked sites, over which Lacuna Agency has no control. The inclusion of any hyperlinks to such other web sites does not mean that Lacuna Agency endorses the material on this web sites or has any association with the owner thereof.
   
10. Data Protection
10.1. Your personal information will only be used by Lacuna Agency to be disclosed to a third party if such use or disclosure is required for the purposes of delivering the Item to the winning bidder or as otherwise instructed by you.
   
11. Severability
11.1. If any provision of this 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 Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
   
12. Third Party Rights
12.1. This Agreement does not create or confer any right under the contracts, which are enforceable by any person, who is not a party to this Agreement.
   
13. Limitation
13.1. All bidders agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to an Auction or these Terms and Conditions must be filed within one [1] month after such claim or cause of action arises or be forever barred.
   
14. Jurisdiction
14.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall be courts of competent jurisdiction.
   

Access to and participation by in the Auction is confirmation that the bidder has understood and accepted the above Terms and Conditions.