大象传媒

1. British Broadcasting Corporation ('the 大象传媒')

1. Proceeds of this auction, conducted by 大象传媒 Radio Suffolk, will be donated to Sport Relief.听 The successful bidder will be asked to make immediate payment by credit or debit card. Full details will be supplied to the bidder when the auction is over. See clause 5.4 below.

2. Items and Donors

2.1 The successful bidder for each lot will receive:

Lot 1
Giant ITFC shirt
The shirt will be signed by members of Ipswich Town's first team players and will be available for collection from the football club to the successful bidder after 9th June 2008.

Lot 2
Use of E.ON's hospitality box at the game against Cardiff City on Wednesday 9th April.听
The winner will be able to bring 9 guests with him/her and the box will be hosted by 大象传媒 Radio Suffolk's Editor, Peter Cook, and his guest.听 E.ON will provide pre-match refreshments (bar snacks) and drinks will be available (this excludes spirits and champagne). E.ON's Hospitality Box is located on the halfway line in the Britannia Stand.

The items have been donated by E.ON for the sole purpose of raising funds for Sport Relief.

3. Legal capacity

3.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Items. In all cases bidders must be at least 18-years-of-age and a UK resident.

4. Legal status of bids

4.1 Each placement of a bid, will constitute a legal offer which, on acceptance by the 大象传媒, will form an agreement which will be binding on the bidder.

4.2 For the avoidance of doubt and as set out in clause 5.4 below, all bids will remain valid until payment for the items has been received.

5. Bidding process

5.1 The winning bid in the Auction will be the highest bid which exceeds the reserve price and meets any other conditions which may be applicable ('the Winning Bid').

5.2 If a bid is followed by a higher bid that is later removed by the 大象传媒 for any reason, it will be open to the 大象传媒 to accept the earlier bid, as though the higher bid had never been made.

5.3 If a bid is successful, the 大象传媒 will notify the bidder by telephone during the Breakfast show to confirm the amount of the Winning Bid, details of the items, and to arrange payment and delivery.

5.4 If there is a problem with payment by the successful bidder of the amount of the Winning Bid, the 大象传媒 reserves the right to offer the Goods to the next highest bidder.

When payment is received by Sport Relief the Auction will close and all unsuccessful bids will lapse.

5.5 The 大象传媒 reserves the right to refuse or remove bids in its absolute discretion.

5.6 The 大象传媒 reserves the right to close the Auction early or to extend it at any time and at its discretion. The Auction may be cancelled or delayed because of, amongst other things, technical difficulties experienced by the 大象传媒 or issues involving a Donor of the items (such as any decision by the Donor to remove its items from the Auction).

5.7 Further to clause 5.6 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.

5.8 If there is a dispute between bidders, the 大象传媒 is under no obligation to become involved in such a dispute. The 大象传媒, its officers, employees and agents and the Donors are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.

5.9 The bidding will commence on Friday 14 March, 2008 at听 0715 on 大象传媒 Radio Suffolk鈥檚 Breakfast Show with Mark Murphy and close at 0830 GMT. Any bid received at any time after the stated close of bidding will not be accepted.

6.Items

6.1 Items bought through the Auction are non-refundable and non-exchangeable, save as set out in clause 11 below. The 大象传媒 cannot guarantee the condition, content or suitability of the items.

6.2 Bidders acknowledge that all information that is provided as a description of the Items is reproduced by the 大象传媒 in good faith and is consistent with information supplied to the 大象传媒. As such, the 大象传媒 cannot be held responsible for inaccurate or misleading descriptions.

6.3 The 大象传媒 shall have the right to substitute Items of a similar description and standard if for any reason the relevant Items are not available and if it wishes to do so.

7. Payment

7.1 Payment must be made by credit or debit card to Sport Relief. Full details of payment procedures will be given to the winning bidder.

7.2 Payment must be received within 1 day of the winning bidder receiving confirmation that the bid is the winning bid.

7.3 Payment will include the amount of the Winning Bid and the cost of delivery (if applicable) which shall be notified to the winning bidder by the 大象传媒 as set out in clause 10 below.

7.4 Unless otherwise agreed by the 大象传媒, Items will not be released to you until payment has been received and cleared funds have been received.

8. Currency

8.1 The auction will be conducted in pounds Sterling.

8.2 Although the 大象传媒 and Sport Relief believes that it is exempt from paying VAT for the purposes of the Auctions, if this position should change, the amount of the Winning Bid shall be inclusive of any applicable VAT.

9. Delivery

9.1 Further to clause 7.3, you acknowledge that the amount of the Winning Bid does not include the costs of delivery.

9.2
Lot 1
Giant ITFC shirt
The shirt will be signed by members of Ipswich Town's first team players and will be available for collection from the football club to the successful bidder after 9th June 2008.

9.3
Lot 2
Use of E.ON's hospitality box at the game against Cardiff City on Wednesday 9th April.听
The winner will be able to bring 9 guests with him/her and the box will be hosted by 大象传媒 Radio Suffolk's Editor, Peter Cook, and his guest.听 E.ON will provide pre-match refreshments (bar snacks) and drinks will be available (this excludes spirits and champagne). E.ON's Hospitality Box is located on the halfway line in the Britannia Stand. Confirmation of this and tickets will be sent to the successful bidder once payment has been received.

10. Liability

10.1 The 大象传媒 endeavours to ensure that the information and other material on this website are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions from this website.

10.2 The 大象传媒 will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

10.3 Except as specifically set out in this Agreement, the 大象传媒 makes no representation and 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 Items available, to the full extent permitted by English law.

10.4 Neither the 大象传媒, nor Sport Relief, shall be liable for any claims or losses of any nature arising directly or indirectly from any inability by you to access the website because of, amongst other things, technical difficulties experienced by the 大象传媒, Donors or the telephone system.

10.5 Neither the 大象传媒, nor Sport Relief, shall, in any circumstances, be liable in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss, howsoever caused or arising in connection with this Agreement or your use of this website, or items purchased by you.

10.6 Without prejudice to any of the foregoing, you agree that, if the 大象传媒 is held to have any legal liability, the 大象传媒 will only be liable for direct loss up to a maximum total of the amount of the Winning Bid in respect of any one incident or series of incidents attributable to the same cause.

10.7 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of the 大象传媒.

11. Use of site content

11.1 This Site is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from this Site. You may only download to your personal computer for viewing purposes and print out a number of pages of this Site for your personal use.

12. Links

12.1 The 大象传媒 assumes no responsibility for the contents of any other websites to which this website has links. As such, the 大象传媒 shall not be held responsible or liable for any loss 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 the 大象传媒 has no control. The inclusion of any hyperlinks to such other websites does not mean that the 大象传媒 endorses the material on which web sites or has any association with the owner thereof.

13. Data Protection

13.1 The 大象传媒 complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by the 大象传媒 and will only be used by the 大象传媒 or disclosed to a third party (such as a Donor) if such use or disclosure is required for the purposes of this Agreement or as otherwise instructed by you.
13.2 If necessary, the 大象传媒 will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.

14. Severability

14.1 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.

15. Third Party Rights

15.1 This Agreement does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.

16. Limitation

16.1 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) year after such claim or cause of action arises or be forever barred.

17. Jurisdiction

17.1 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 you in the Auction is confirmation that you have understood and accepted the above Terms and Conditions.