Terms & Conditions of Participation in the Charity Idols Auctions (Greece and Cyprus) |
CONTENTS
General Information.
Description of Service.
Registration – Passwords – Security.
Personal information.
Identity Violations and Penalties.
Ownership of Content – Non-commercial use.
Website Content.
Unsolicited material.
Disclaimer – Limitation of Liability and Technical Restrictions.
Prohibited activities and uses.
Hacking.
Trademarks.
Compensation.
Links to Charity Idols.
Auction Bids.
Payments.
Fees.
Delivery of items.
Return of items.
Authenticity of items – Liability.
Right to deduct taxes associated with payments.
Privacy Policy and Cookies Policy.
Miscellaneous.
Disputes.
Severability.
Compliance with applicable law.
Applicable law.
Universality of these terms.
Waiver.
Modification of the Terms & Conditions Terms and Conditions.
Final Clause and Termination Right.
Contact.
The following Terms and Conditions govern the use of this Website by any natural or legal person (hereinafter “Users”). Creating an account, browsing, using and accessing www.charityidols.com is uniquely linked to acceptance of and compliance with the terms and conditions set forth herein. Users accept and agree to be bound by the Terms and Conditions set forth below. If you do not agree to these Terms and Conditions, you may not create an account, access or otherwise use this website. |
|||
1. |
General Information. This Website, together with all content (including User Content), data and other materials contained on the Website (“Content”) is owned and controlled by the Non-Governmental Organizations (NGOs), Charity Idols Greece and Cyprus (hereinafter “Charity Idols”), namely Charity Idols Charitable Foundations Support Association, Association based in Crete, Greece (40-42 Tzanakaki Street, 73100, Chania, Greece) and Charity Idols Charity Association, Association based in Nicosia, Cyprus (13A Smyrnis Street, 2108, Nicosia, Cyprus). |
||
2. |
Description of Service. |
||
2.1 |
www.charityidols.com is an online platform created to provide our fellow human beings in need as well as other Non-Profit Organizations with an additional channel of assistance through the auctioning of collectible sports items. |
||
2.2 |
The income of Charity Idols, Greece and Cyprus, is neither saved nor invested, but is only available for the fulfillment of its charitable purposes, except for the amounts necessary to cover the operating and/or other expenses of the associations, related and connected to the fulfillment of its purposes (e.g.(e.g. expenses of the website and online auction platform, conducting events related to the Association’s purposes) and/or expenses that are mandatory by the legislation in force in the Hellenic Republic or the Republic of Cyprus. The determination of the exact charitable purposes to which the funds are allocated is a matter for the decision of the Boards of Directors of the Associations, which will make announcements through social media and/or the website. |
||
2.3 |
The services offered allow you to browse the website, find, bid and buy items. As part of these services, we also provide secondary services, such as arranging delivery and shipping of Items and providing customer service and communication services. All of these together make up the Services. |
||
3. |
Registration – Passwords – Security. You may visit the website and access some of its features without having to register. In order to make an offer or purchase through the Website, you must register. By registering and creating an account on Charity Idols, users consent and accept these terms and conditions. By registering, users declare that they are adults, that is, they are at least 18(years) of age. If you choose to register and create an account, you will be asked to provide personal information such as your name and email. You will also be asked to create a username and password. You agree that and accept all liability to Charity Idols for all activities that take place under your registration account, including purchases made using your passwords. By registering, Users have agreed to keep their password secure and confidential. Users are prohibited from helping or assisting anyone not registered with Charity Idols to access secure areas of the Website, creating additional registration accounts for the purpose of abusing the functionality of the Website or other users, or attempting to impersonate another user. If a User is concerned about the security of their account or notices any misuse, they should immediately email info@charityidols.com and/or charityidolscy@gmail.com. The Charity Idols team will ensure that the account is immediately closed until the security issues are resolved. |
||
4. |
Personal information. Users must register on the Charity Idols website and provide certain personalized information (first name, last name, address, telephone number and email address). When registering, Users agree to provide accurate, true and complete information required by the Charity Idols website. If the information you provide is untrue, inaccurate, outdated or incomplete Charity Idols reserves the right to suspend or terminate the account and not proceed to authorize future uses of the website (in whole or in part). |
||
5. |
Identity Violations and Penalties. The user may not register under a false name or under false pretenses. The user may not impersonate other identities or use the passwords of another participant or, more generally, engage in fraudulent or malicious activities in order to interfere with the activities of the website. You may not intentionally attempt to misrepresent facts or publish false information. Fraudulent conduct may be reported to the relevant authorities. Charity Idols will always take appropriate steps to ensure that any breach is prosecuted in accordance with the terms of applicable relevant legislation. |
||
6. |
Ownership of Content – Non-commercial use. Charity Idols is the owner of all intellectual property displayed on the Website, unless otherwise stated in these Terms. The Website and its content are intended for the personal, non-commercial use of users only and are not intended for redistribution, transfer, assignment or sublicensing or for any commercial or partially commercial resale or other use. Users are prohibited from using the Website for the purpose of soliciting business or in connection with a commercial venture or soliciting for commercial purposes other Users in connection with their submitted material or accessing any Content on the Website for any reason other than for personal, non-commercial use solely through the normal operation of the Website. Any Content provided to Charity Idols by users – through uploading, distribution, storage, display or other methods – remains the property of the users; ownership is not transferred to Charity Idols. You expressly represent that you retain ownership of the posted content and the corresponding licenses, or at least that you have the authority to grant the rights and licenses, to post, upload, upload, distribute, submit, submit, send, exchange, share, publish, display or generally make the content available on the website or any other media channel. You agree to pay any royalties or fees for the use of such content by you or Charity Idols. If a user believes that he or she is the owner of the copyright or other rights in any material appearing on Charity Idols and/or that ownership of the copyright or other rights in any material has been used or misrepresented on Charity Idols, he or she may contact us via info@charityidols.com or charityidolscy@gmail.com |
||
7. |
Website Content. Please note that while Charity Idols strives to provide a functional and reliable website and to ensure to the greatest extent possible that all information (e.g. items and their descriptions) provided is accurate and current, it may be subject to change and, as such, Charity Idols cannot be held responsible for any inaccuracies, errors, omissions and discrepancies. |
||
8. |
Unsolicited material. If the User encounters or becomes aware of unwanted or illegal content posted anywhere on the Website, the User is requested to immediately report such material to info@charityidols.com and/or charityidolscy@gmail.com. |
||
9. |
Disclaimer – Limitation of Liability and Technical Restrictions. 9.1 Users agree and acknowledge that Charity Idols shall not be liable for any modification, suspension or discontinuance of the Website or the Service. Users have no legal rights unless the Website is closed and unavailable for a continuous period of more than twelve months. Charity Idols makes no warranty for unforeseen and external factors that may be beyond its control. Although Charity Idols has made every effort to create a secure and reliable website, you must acknowledge that the confidentiality of any communication and transmission of data to/from the website via the Internet or any other type of globally extended network cannot be guaranteed. Charity Idols is not responsible for the security of any information transmitted to/from the Website. Furthermore, we do not represent or warrant that the website or its content will be free from defects, including, but not limited to, viruses or other harmful elements. |
||
9.2 |
In no event will Charity Idols be liable for (i) any direct, indirect, incidental, consequential or punitive damages or damages of any other kind arising out of the direct use or inability to use the website (ii) any misuse or unauthorized use of a user’s account related to the user’s use and/or omission (iii) errors or malfunctions in the operation of the services, damages resulting from security problems or viruses, errors, interruptions, defects, delays in operations or transmissions, damages resulting from network or connection malfunction or any other technical error or malfunction. By using the website, you agree that you are exposed to these risks. If you do not agree to this level of risk, you should not use the website. |
||
9.3 |
You understand and agree that: |
||
(α) |
We are not responsible for bids in an auction that are not processed correctly due to technical problems and/or delays, including where such delays are due to your internet connection, |
||
(β) |
in the event of technical or human error, technological failure or system malfunction affecting the website, we may choose to: |
||
i. |
extend the closing time of the auction, |
||
ii. |
suspend the auction or close it early, |
||
iii. |
reschedule the auction; or |
||
iv. |
cancel the auction and cancel any bids, and (if applicable) refund any amounts paid; and |
||
(γ) |
all items made available at each auction are sold on an “as is and where is” basis. It is your responsibility to examine each Auction Item carefully to determine whether the Item is suitable for you. |
||
9.4 |
Nothing in these Terms limits any liability that cannot be legally limited, including liability for – |
||
i. |
Death or personal injury caused by negligence, |
||
ii. |
fraudulent misrepresentation or fraud. |
||
10. |
Prohibited activities and uses. 10.1 Except for any restrictions or conditions of use, you acknowledge, consent and warrant that your use of the Website will not: |
||
i. |
Is unlawful, unauthorized, fraudulent or with malicious intent; or |
||
ii. |
Violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy, publicity, copyright, trademark and/or any other intellectual property rights, |
||
iii. |
Accompanied by False, offensive, abusive, defamatory, hate speech, obscene, racist, sexually explicit, culturally offensive, indecent, pornographic acts, |
||
iv. |
Results in an invasion of another’s privacy or publicity. |
||
10.2 |
User acknowledges and agrees not to: |
||
i. |
Create false identity accounts for the purpose of deceiving others or impersonating any other person or entity, |
||
ii. |
Violate any local, European or international applicable laws or regulations, |
||
iii. |
Licenses, sublicenses, sells, resells, transfers, assigns, distributes or uses the Website for commercial purposes to any third party, |
||
iv. |
create web “links” to the Service or “frames” or “mirrors” of the website on other servers/wireless devices/ Internet-enabled devices, |
||
v. |
Gain access to the code of the Website to (i) create or build a competing product; (ii) create or build a product that uses similar ideas, specifications, features or graphics from the Website; or (iii) copy ideas, specifications, features or graphics from the Website, |
||
vi. |
launch an automated script (web spider, web crawler, web robot, web ant, web indexer, bot, virus or worm or any similar program) that may make multiple requests to the server per second or that may interfere with the operations and/or performance of the website, |
||
vii. |
Interfere with or destroy the integrity or performance of the Website (or its data) or attempt to gain unauthorised access to the Website and its systems and networks. |
||
10.3 |
You acknowledge that Charity Idols has no obligation to monitor your access to the Website, but has the right to resort to such measures for the purposes of operating the Website and providing its services, to ensure that you comply with the Terms and Conditions, to comply with a legal obligation or an obligation of a court, government agency or other body. |
||
10.4 |
Charity Idols reserves the right to investigate any reported breach relating to the policies of the Website and any complaint in this regard. It also reserves the right to take all appropriate action and at any time to suspend, terminate an account, restrict, disable and permanently terminate your ability to use the Website (or any part of it) if it suspects, in its absolute discretion , that a user has engaged or is about to engage in activities that violate these Terms and Conditions. |
||
11. |
Hacking. Attempting to damage, breach, break, break, deny service or collectively “interfere” with the Website is prohibited. Users will be liable to pay compensation if they engage in any of the above behaviors. Charity Idols has the legal right to report any incidents to the relevant authorities and to actively cooperate with them in prosecuting any User who engages in these prohibited activities. Charity Idols reserves the right to deny access or provide services to any User for any reason at any time. |
||
12. |
Trademarks. All service names and trademarks of Charity Idols’ affiliates, including products, displayed on the Site, including, without limitation, Charity Idols’ trademark, are trademarks or trade names. Users may not distribute products or offer services under or in reference to them or use or otherwise reproduce any such trademarks, trade names or slogans without Charity Idols’ prior written permission. |
||
13. |
Compensation. The User agrees to indemnify Charity Idols for any loss or damage, including, without limitation, legal fees, Charity Idols may suffer as a direct result of a User’s action and/or omission, arising from the misuse of the website or any material and/or information obtained through the website. The User also agrees to indemnify Charity Idols for any loss or damage suffered in connection with any third party claim against Charity Idols for infringement of intellectual property rights arising in connection with any unauthorized or improper use of the Website or Content. |
||
14. |
Links to Charity Idols. The website displays and/or refers to links to other websites from time to time. Charity Idols (i) does not endorse or assume responsibility for the content of such websites, (ii) is not responsible for the availability of such websites, and (iii) is not liable in any way for any loss or damage that the User may suffer as a result of using such websites. If the User decides to access linked websites, he/she should do so at his/her own risk. Linking does not imply any endorsement of products or services by Charity Idols, does not misrepresent Charity Idols’ relationship with other websites and does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Charity Idols reserves the right to withdraw this link at any time and to take any other appropriate action. |
||
15. |
Auction Bids. |
||
15.1 |
Each item is available for a specified period of time, as set out in the listing of each item, during which bidders may submit bids for the auction item (the listing period). The auction normally ends 7 days after its opening, unless otherwise specified. You will see the countdown clock on the details of each item’s auction page. |
||
15.2 |
We reserve the right to cancel or extend the period of any Listing at any time and for any reason before the end of the Listing Period. In the event of a cancellation by us, all bids will be void. |
||
15.3 |
The item auction is extended by 2 minutes if a bidder submits a bid within 2 minutes before the end of the auction. For example, if an auction is set to close at 20:00 and bidder A submitted a bid at 19:58, the system extends the auction until 20:02. If another bidder submits a bid at 20:00, the close will be extended to 20:04 and so on. The reason for this is to avoid the act of submitting a bid as late as possible, leaving little time for others to outbid the bidder |
||
15.4 |
Each bid placed on the website is considered a legally binding offer to purchase the Auction Item at the price stated in your bid. By making a bid, you represent, warrant and agree that you will be able to purchase the Auction Item at the price in your bid. Once a bid has been placed on an Auction Item, it cannot be withdrawn and the winner of the Auction is obligated to purchase the winning item. Please be especially careful when placing a bid, as your account is always your responsibility and you are legally responsible for your winning bid. |
||
15.5 |
If you are the Winner, you will be notified by email (if you think you have not received your confirmation email, check your spam folder) and/or by any other electronic means we deem appropriate, of our acceptance of your bid, at which point a legally binding agreement will be created between us and you and you will be required to purchase the Auction Item at the final price of your bid. Instructions on how to pay will be included in the message you receive. Payments will be processed in accordance with the payments and fees clause below. |
||
15.6 |
We may, in our sole discretion, deem any bid void if it breaches these Terms or any other user guidelines notified by us. We reserve the right, at any time, to verify the validity of Bids and Bidders (including the identity, age and place of residence of a Bidder) and to disqualify any Bidder. |
||
15.7 |
If a Bid is deemed by Charity Idols to be invalid, we may resell the Auction Item (e.g. to the 2nd highest bidder) in any manner determined solely by us or we may re-sell the Auction Item on the Website a new Bidding Period. |
||
16. |
Payments. |
||
16.1 |
As a general rule, the auction item will not be sent to the winning bidder until after payment has been made by the winning bidder, which will be completed by the available payment methods indicated on the Website. |
||
16.2 |
A wide range of payment methods is available for payment to meet the different preferences of users. These include credit cards , debit cards, PayPal, Revolut, Skash (Astro Bank), bank transfer, and for items located in Cyprus the option of cash on delivery is additionally provided as the winner of the auction resides permanently in Cyprus. No instalment payment option is offered. You will be able to choose the payment method that suits you during the payment process. You will not be automatically charged. Please carefully confirm your shipping details before making the payment. |
||
16.3 |
Payment must be made within 72 hours from the time the auction ends. The collection process may include up to three (3) reminders by telephone and/or other convenient electronic means. If payment is not made within the aforementioned time period the winning bidder will be permanently disqualified from Charity Idols and we reserve the right to take any further legal and/or other measures to safeguard our rights. |
||
16.4 |
In the event of non-payment of the item by the winner of the auction within the aforementioned 72-hour period, Charity Idols shall have full discretion as to how to manage the item, including but not limited to proposing to purchase it from the 2nd highest bidder, re-bidding it or in any other way it deems appropriate. |
||
16.5 |
Charity Idols uses third party payment services to process transactions. The specifics of these services include managing the movement of user information through credit card networks. Charity Idols is not affiliated with any of these services and therefore is not responsible for their actions or performance. Use of these third party payment services may be subject to additional terms and conditions. |
||
16.6 |
It should also be noted that third party payment services have access to the data provided by the user at the time of the transaction and that the use of this data is governed by the privacy policies of the third party services themselves. |
||
16.7 |
You must not pay or attempt to pay the Price by fraudulent or illegal means. If you make payment by debit or credit card, guarantee that you are authorised to use the debit or credit card to make the payment. |
||
17. |
Fees. |
||
Buyers, winners will be required to pay the cost of the item with the addition of other applicable costs, including shipping costs, any service fees/fees, etc. The service fee is an additional commission of up to 15% of the winning bid price charged to the winning bidder. This fee is standard in all international auctions. This unrepresented fee may vary from auction to auction, within a range of 0 to 15 percent of the final price of the winning bid. Note that any costs of customs clearance of the item in the country of shipment, in accordance with the relevant legislation of each country, are the responsibility of the winning bidder and are not included in the price. The additional and consequent final cost will be notified to you at the time of ordering. |
|||
18. |
Delivery of items. |
||
18.1 |
The minimum delivery charge will be stated in the entry of each item. The delivery charge will vary depending on your location and the location of the item. The item will be delivered to the delivery address provided when registering on the website or to the nearest post office or private delivery company office. |
||
18.2 |
Ownership of the item will only pass to the winner on the date on which the winner pays the price of the winning bid in accordance with these terms and conditions. Risk in the item will pass to the winning bidder on delivery of the item to the carrier for shipment. |
||
18.3 |
Please note that users’ personal data (including name and delivery address) will be shared with third parties for the delivery of items. |
||
18.4 |
Once the item has been dispatched you will receive notification via your registered email and/or any other electronic means and/or by telephone and will be informed of the tracking number. |
||
19. |
Return of items. Given the unique nature of the items, they cannot be returned. All items available at each auction are sold on an “as is and where is” basis. It is your responsibility to carefully examine each auction item to determine if the item is suitable for you before bidding. |
||
20. |
Authenticity of items – Liability. |
||
20.1 |
Charity Idols always endeavours to carry out a thorough check before listing an item online. In the event of purchasing an item that has been signed or accompanied by an inscription, we stress that all signatures undergo a rigorous quality check by our team of experts before being approved for listing on the website. A certificate of authenticity is provided by Charity Idols upon purchase of the item. However, we are not responsible for any errors that may occur. |
||
20.2 |
In some cases, items bearing autographs, dedications or signatures are accompanied by certificates of authenticity provided by third parties. Charity Idols undertakes to check their authenticity, but does not take responsibility for the absolute authenticity of these certificates, as there is no organised and official verification body capable of certifying their absolute authenticity. |
||
20.3 |
It is important for all buyers to understand that any autographs, signatures and/or dedications can only receive full and absolute certification from the autograph signer and any refund requests related to the authenticity of the calligraphic brush strokes of the signatures and/or dedications will be denied, regardless of supporting documentation such as “quick opinions” and/or “expert evaluations” provided by third parties or private entities. |
||
20.4 |
In the event that the purchaser obtains irrefutable evidence proving the non-genuineness of an item purchased on the website, Charity Idols undertakes to evaluate the evidence and, in its sole discretion, may in its sole discretion, possibly allow a full refund for the purchase, including the original service fee and shipping costs. This refund request must be made no later than 2 months after the purchaser receives the item. |
||
21. |
Right to deduct taxes associated with payments. |
||
21.1 |
Charity Idols shall provide an invoice/receipt of payment for the purchase of each item. Given this statement, Charity Idols cannot state with certainty that any payment you make is tax deductible and may qualify as a charitable donation. |
||
21.2 |
Charity Idols accepts no liability in respect of any potential discrepancies in the event that a payment is declared deductible to governmental bodies, nor can Charity Idols be held liable to such bodies. Before declaring a purchase made as deductible, it is always recommended that you consult your financial advisor as to whether and to what extent a purchase can be declared as such. And because Charity Idols makes no representations regarding the tax deductibility of some or all of the payments made, it is exempt from any recourse by governmental taxing bodies regarding returns made by users. User releases Charity Idols from any claim or recourse, demand or claim for damages (direct, indirect, incidental, punitive or consequential) of every kind and nature, known and unknown, that may arise from such recourse and claims. If you do not agree to this waiver, you must not use the website and its services. |
||
22. |
Privacy Policy and Cookies Policy. |
||
22.1 |
Charity Idols has its own Privacy Policy which applies to your use of the Website. Charity Idols recommends that you read the Privacy Policy to understand how your information is used after you register on the Website. You agree to the terms outlined in the Privacy Policy. We handle all personal data you provide to us in accordance with our Privacy Policy. Please note that your personal data (including your name and delivery address) may be disclosed to third parties for the purposes of fulfilling our obligations under these Terms, including the delivery of your items to you. |
||
22.2 |
Charity Idols has its own cookie policy which applies to your use of the Website. Charity Idols recommends that you read the Privacy Policy to understand how this issue works and applies. |
||
23. |
Miscellaneous. |
||
23.1 |
These Terms and Conditions constitute the entire agreement between Charity Idols and User, govern your use of the Website and supersede any prior agreement. Any purported assignment by you to a third party of these Terms & Conditions shall be deemed to be an assignment by you of these Terms & Conditions to a third party. Terms and Conditions without the prior written consent of Charity Idols shall be deemed invalid. Charity Idols shall have the right to assign these Terms & Conditions Terms and Conditions to a third party without your consent. Any failure of Charity Idols to properly perform the Terms & Conditions shall be subject to the terms and conditions of Charity Idols. Terms & Conditions does not constitute a waiver of the Terms & Conditions. Conditions, nor does it excuse any subsequent failure to perform. |
||
23.2 |
Any clause drafted with the intention of lasting beyond the time limit of your use of the Platform shall survive as such. Specific reference is made to clauses relating to intellectual property, disputes, warranties, indemnities, limitations and liability. The headings are for illustrative purposes only and do not modify the Terms and Conditions in any way. |
||
24. |
Disputes. Neither party may commence legal proceedings in respect of any dispute, controversy or claim arising out of or in connection with these Terms (including any question as to their existence, validity or termination) without first meeting (in good faith) to resolve the Dispute. Only if it appears that the parties are unable to resolve the Dispute at that initial meeting (whether in person or by electronic means such as a video conference) may the matter be referred to a Court of competent jurisdiction. |
||
25. |
Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or contrary to any relevant law, the remaining parts or provisions shall remain valid and continue in full force and effect. |
||
26. |
Compliance with applicable law. You agree to comply with all applicable and relevant laws (primary or secondary, as applicable) regarding your use of the charityidols.com website. You further acknowledge that your use of the internet and any transmission of data and your general communication with the website is entirely at your own risk. |
||
27. |
Applicable law. These terms are governed by Greek and Cypriot law, as applicable, i.e. any dispute arising between you and the Greek or Cypriot Association. Users irrevocably and unconditionally accept the exclusive jurisdiction of the courts operating in Greece and Cyprus and any court entitled to hear appeals from such courts and waive any right to object to proceedings in such courts. |
||
28. |
Universality of these terms. These terms constitute the entire and universal agreement between the users and Charity Idols and there are no oral or written understandings, agreements or representations not stated. |
||
29. |
Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other party of any of the provisions of these Terms shall be effective. |
||
30. |
Modification of the Terms & Conditions Terms and Conditions. Charity Idols reserves the right to modify, replace or change the Terms and Conditions at any time. The date of the last amendment is explicitly stated at the bottom of the page. Charity Idols agrees to notify you in writing of any changes. By continuing to use the website after notice, you agree to the amended terms. If you do not agree to any modification, you may stop using the website. |
||
31. |
Final Clause and Termination Right. These Terms and Conditions and the User’s right to use the Website are effective from the moment the User accesses the Website and remain binding and enforceable until the User’s use of the Website terminates. In addition to this, Charity Idols reserves the legal right to pursue all possible legal remedies if there is a possibility that a User is using the website with fraudulent or unlawful motives or the use of the website does not comply with these Terms and Conditions. This right is exercised by Charity Idols in order to defend its name, credibility and other users. In addition, Charity Idols reserves the right to terminate a user’s use of the website, with or without cause. Termination will be immediate. The user may manifest his/her termination of agreement with the Terms and Conditions by stopping using the platform and its services. Charity Idols may take any action it deems appropriate with respect to the breach and enforcement of these Terms and expressly reserves all rights and remedies available to it at law or in equity. |
||
32. |
Contact. For any questions, contact info@charityidols.com or charityidolscy@gmail.com or by phone at +306943959543 or +35797622912. |