Bomber Auctions Terms and Conditions

The following are the terms and conditions (the "Terms") under which you (the "Account Holder") may place bids on the Bomber Auctions website located at http://www.essendonfc.com.au/auction ("Bomber Auctions") being the on-line auction site of the Essendon Football Club (the "Club"). You must read, agree with and accept all of the Terms set out below and any incorporated by reference, before you can become an Account Holder with Bomber Auctions. By accessing and using Bomber Auctions you accept and agree to be bound, without modification, limitation or qualification, by the Terms. If you have any questions please refer to Bomber Auctions Help at http://www.essendonfc.com.au/auction/help.asp.

The Club may, at its sole discretion, modify or revise the Terms at any time by updating this page. If it does so and you are an Account Holder who wishes to continue using Bomber Auctions, it will be necessary to review and accept the modified or revised Terms before you will be able to place any new bids.

Specific rules, in addition to these Terms, may be provided with respect to specific auction items or categories of auction items and you agree to be bound by such rules.

Your use of Bomber Auctions constitutes your agreement to all terms, conditions, and notices contained herein or otherwise posted on the website. The content of such agreement, inclusive of the terms and all additional conditions and notices posted on Bomber Auctions, are together referred to as the "Agreement." If you do not accept any of the provisions of the Agreement, you will be unable to register as an Account Holder and place bids on Bomber Auctions.

Section 1. Eligibility

The use of Bomber Auctions is available only to, and may only be used by, individuals who can form legally binding contracts under the laws of the State of Victoria. Without limiting the foregoing, the services of Bomber Auctions are not available to persons under 18 years of age or to suspended Bomber Auctions Account Holders. If you do not qualify you must not accept these Terms.

Section 2. Account Holders

In order to place bids on Bomber Auctions you are required to have a registration on the essendonfc.com.au website. This may take the form of a Bomber.tv login or a standard Bomberland login. Registration is free.

2.1 Registration

In consideration of your use of Bomber Auctions, you agree to:-

(a) Provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on the Club's website (such information being the "Registration Data"); and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Club has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Club may suspend or terminate your account and refuse any and all current or future use of Bomber Auctions (or any portion thereof).

2.2 Passwords and Signatures

2.2.1 You may receive a password and/or account designation, or a digital signature upon completing the registration process ("password").
2.2.2 You are responsible for maintaining the confidentiality of any such password, and are fully responsible for all activities that occur under your password. Unauthorised access and use of your details will, under no circumstances, negate your liability for any bids or any obligation to purchase an item which may result from such use.
2.2.3 You must:-

(a) Not choose a password which uses simple sequences, repeated digits or represents your birth date or a recognisable part of your name as these may mean you are liable for losses caused by unauthorised transactions resulting from a breach of the security of the password and you must not choose a password which is the same as or similar to any other password you have for any other service or facility you have with the Club;
(b) Not disclose your password to any other person, including a family member or friend, except to the Club when becoming an Account Holder;
(c) Not record or store your password on an article or several articles which are liable to loss or theft simultaneously without making any reasonable attempt to protect the security of the password;
(d) When entering your password to place bids on Bomber Auctions take reasonable care that you are not observed and that your password is not disclosed to any other person;
(e) Avoid accessing Bomber Auctions through telephone services such as are available in hotels which record numbers dialled;
(f) Not act with extreme carelessness in failing to protect the security of your password;
(g) Notify us immediately if your password is lost or stolen or becomes known to any other person except to the Club when becoming an Account Holder
(h) Immediately notify the Club of any unauthorised use of your password, digital signature or account or any other breach of security;
(i) Notify us if you change your address; and
(j) Ensure that you exit from your account at the end of each session. The Club cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

2.3 Breach

Without limiting any other remedies available at law, in equity or under this Agreement, the Club may at its absolute discretion immediately issue a warning, temporarily or indefinitely suspend or terminate your account and refuse to allow you to place bids if for any reason the Club considers such action to be founded, which may include but is not limited to circumstances where you are suspected of:-

(a) Providing misleading or incorrect registration information;
(b) Engaging in the invalid, fraudulent or attempted fraudulent use of credit cards;
(c) Placing a bid for an auction item with no intention to pay;
(d) Failing to make payment on the completion of an auction;
(e) Breaching this Agreement, the Privacy Statement or the terms and policies of any documents incorporated by reference;

or if:-

(f) The Club is unable to verify or authenticate any information you provide to it;
(g) The Club believes that your actions may cause legal liability for you, others or to it; or
(h) The Club has such other reason it considers reasonable or necessary in the circumstances.

Section 3. Auction Process

3.1 Reserve

An auction item may be subject to a reserve price. There will be no winning bidder if at the close of an auction the reserve price has not been achieved. Bomber Auctions will indicate when an item is subject to a reserve price and when the reserve has been achieved.

3.2 Auction

3.2.1 Each auction commences and closes at the time specified on Bomber Auctions. All times are the times applying in Melbourne, Australia.
3.2.2 The Club may, in its absolute discretion, withdraw an item from the auction before the specified closing time.
3.2.3 Provided the reserve price (if any) has been achieved, at the close of each auction the Account Holder with the highest bid will be declared the winner of that auction.
3.2.4 The winner will be notified by the Club and must make payment to the Club within 7 days (or as otherwise allowed pursuant to Section 3.5) of such notification being sent. The Club's notification will contain the Club's contact details or as otherwise allowed in Section 3.5. The winner is required to contact the Club to arrange payment and to make arrangements to receive their auction item.
3.2.5 Notwithstanding that a winning may have been notified of their placement of the winner's bid amount, the Club may at its sole discretion choose to withdraw and not proceed with completion of the sale of the item in the following circumstances where:
(a) the credit card payment is not processed in the first run due to card entry errors (in(including an incorrect or expired card expiry date) made by the winning;
(b) there are insufficient funds/ the credit limit is insufficient to cover the sum of the Invoice Amount;
(c) if the winning fails to make payment of the Invoice Amount into a bank account nominated by the Club or within the time specified by the Club; or
(d) the Club is unable to contact the winner for any reason.

3.3 Bidding

3.3.1 For each auction item Bomber Auctions will specify the bid increment by which a bid for that item must increase.
3.3.2 You may place a bid for the maximum you are prepared to bid on an item. Once a bid is entered, prior to confirmation you are required to enter your valid credit card details as security for the bid. Your credit card will only be debited, if a winning bidder, in accordance with Section 3.5 or as agreed.
3.3.3 The placing of a bid will result in the highest bid at a point in time being automatically increased by the next bid increment until the maximum bid amount is reached.
3.3.4 You may elect, at the time of placing a bid, to receive an e-mail notification in the event of being outbid on an item.
3.3.5 Prior to the close of an auction you are able to change your bid to an amount equal to or higher than the current bid regardless of whether or not your maximum bid amount has been reached.
3.3.6 All bid amounts must be in Australian Dollars.

3.4 Effect of placing a bid

A bid is a legally binding offer to purchase an auction item at the final bid price if you are declared the winning bidder. You cannot retract your bid once it has been made except in exceptional circumstances such as where a clear typographical error is made. If you make a mistake when entering your bid, you must immediately contact the Club at the contact details listed at the end of these Terms. Retraction of bids will be at the sole discretion of the Club.

3.5 Payment and delivery

3.5.1 If you are notified by e-mail that you are the winning bidder, you are required to contact the Club at the details listed on the e-mail to arrange for payment and delivery or alternatively to arrange to pick up the item.
3.5.2 Acceptable forms of payment are cash, cheque or credit card.
3.5.3 If payment is not received by way of cleared funds within 7 days (or 12 days if payment by cheque) of the notification e-mail being sent the Club reserves the right at its absolute discretion to:-

3.5.3.1 Withdraw the item;
3.5.3.2 Offer the item to the next highest auction bidder; or
3.5.3.3 Either debit the credit card of the winning bidder for the amount of the bid and hold the item for collection by the winning bidder, or alternatively debit the credit card of the winning bidder for the amount of the bid plus such other amount the Club considers reasonably necessary in order to cause the item to be received by the winning bidder. The Club accepts no responsibility for any damage caused to an item between the item leaving the possession of the Club and being received by the winning bidder.

3.5.4 If you do not elect to pick up the item, you may nominate the method by which you wish it to be received by you. Any associated delivery or other costs are your sole responsibility and are not included in the bid amount. The Club accepts no responsibility for an item once it has left the Club's possession.

Section 4. Authenticity

All auction items are provided by the Club and as such it guarantees their authenticity.

Section 5. Security

All transaction details are encrypted using the Club's secure web server. Only the Club is able to view your personal and payment details. No third parties will be able to view your personal and payment details whilst in transit.

Section 6. Material on Bomber Auctions

6.1 Intellectual property and unauthorised use

6.1.1 The content of the website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of Australia as well as other countries, and are owned or controlled by the Club or by third parties that have licensed their Material to the Club.
6.1.2 The Club authorises you to view and download a single copy of the Material solely for your personal, non-commercial use, or in the case of dealers, to display to your clients solely for purposes of facilitating a transaction with the Club.
6.1.3 The use of any software that is made available for downloading from the website ("Software") is governed by the terms of the software licence agreement accompanying such software (the "Licence Agreement"), and is conditioned on your agreement to be bound by the terms of the Licence Agreement.
6.1.4 All rights in and to the Material not expressly granted to you in the Agreement are reserved.
6.1.5 Neither the availability of, nor anything contained within the website shall be construed as conferring any license under any of the Club's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.
6.1.6 Unauthorised use of the Material may violate copyright, trademark, and other laws.
6.1.7 You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.
6.1.8 The use of the Material or any portion thereof on any other website, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the website without the express prior written permission of the Club is strictly prohibited.
6.1.9 With respect to any copy you make of the Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material.
6.1.10 Some of the Material may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks.
6.1.11 The trademarks, logos and service marks (the "Marks") displayed on the website are owned by the Club or third parties. You are prohibited from using the Marks without the express, prior written permission of the Club or such third party. If you would like information about obtaining the Club's permission to use the Material on your website, contact the Club at generalenquiries@essendonfc.com.au.

6.2 Access and Interference

6.2.1 The Club reserves the right to employ robot exclusion headers and similar mechanisms within the website, and you agree that you and all persons and facilities under your control will honour such headers and mechanisms.
6.2.2 Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on the use of the website or the Material set forth in this Agreement, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of the Club's Account Holders, or to recreate in original or modified form any substantial portion of the website.
6.2.3 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the website or any transactions being conducted on or in connection with the websites.
6.2.4 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or systems.
6.2.5 Much of the information on Bomber Auctions is updated on a real time basis and is proprietary or is licensed to the Club by third parties.
6.2.6 You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from Bomber Auctions without the prior express written permission of the Club or the appropriate third party authorised to grant such permission.

6.3 Breach of Agreement

If you violate any provision of the Agreement, your permission to use the Material and Bomber Auctions automatically terminates and you must immediately destroy any copies you have made of the Material.

6.4 Intellectual property belonging to others

6.4.1 The Club respects the intellectual property of others, and our Account Holders agree to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Club with the following information:-

" An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

" A description of the copyrighted work that you claim has been infringed;

" A description of where the Material that you claim is infringing is located on the site;

" Your address, telephone number, and e-mail address;

" A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

" A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.


6.4.2 To notify claims of copyright infringement on the website please contact us as follows:-

By telephone on: +61 3 9230 0300
Write to:
Essendon Football Club
PO Box 17
Essendon Vic 3040
By e-mail at: generalenquiries@essendonfc.com.au
By fax on: +61 3 9370 6804

Section 7. Privacy; User Submissions

7.1 The Club is committed to maintaining your privacy. The Club does gather certain information that you provide to Bomber Auctions.

7.2 For information regarding the Club's policies for using Account Holder information please read our Privacy Statement which is located at www.essendonfc.com.au/privacy.asp and applies to all Account Holders and is incorporated into the Agreement by reference.

7.3 You must read and accept our Privacy Statement in order to use Bomber Auctions, and you will continue to be bound by it and any amendments to it whilst you are an Account Holder.


Section 8. Liability Disclaimers

8.1 The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, the Club makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the website and the Material.

8.2 You agree to make your own enquiries about an item that is being auctioned. By describing or providing a photograph of an item, the Club is in no way offering an opinion or assessment of the suitability of an item for you.

8.3 Any use of the website and the Material is at your own risk.

8.4 Changes are periodically made to the website and may be made at any time.

8.5 Some Material on the website is provided by third parties and the Club shall not be held responsible for any such Material provided by third parties.

8.6 You acknowledge and agree that, in the event that there are discrepancies or differences between the descriptions of property provided on the website, on the one hand, and the saleroom catalogue or saleroom addenda and announcements related to such property, on the other, the latter will in all events be considered to be authoritative and controlling.

8.7 In the event of errors in processing and/or site downtime or any other errors or delays caused to the site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:
a) decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion); and/or,
b) decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion; and/or,
c) retract any Winning Bidder's emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,
d) amend at any time prior to or during an online auction, the "start price" allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
e) void that entire online auction transaction and open the auction again at the original start prices.

8.8 The Club does not warrant that Bomber Auctions will operate error-free, continuously or without interruption, or that the website or its server are free of computer viruses or other harmful content. If your use of Bomber Auctions or the material results in the need for servicing or replacing equipment or data, the Club is not responsible for those costs.

8.9 Bomber Auctions and the Material are provided on an "as is" basis without any warranties of any kind. The Club and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for particular purpose. The Club and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links. Some states/jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary depending on your state/jurisdiction.

8.10 To the extent that the Club is able to limits the remedies available under this Agreement, and subject to Section 9 of the Agreement, the Club expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at the Club's absolute discretion):-

(a) In the case of goods, any one or more of the following:-

(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment of the cost of having the goods repaired; and

(b) In the case of experiences:-

(i) The supply of (as close as is possible to) an equivalent experience.



Section 9. Disclaimers of Certain Damages

9.1 If you are dissatisfied with any portion of Bomber Auctions, or with any provision of the Agreement, your sole and exclusive remedy is to discontinue using the website. Under no circumstances shall the Club be liable to any user or any third party on account of that Account Holder's use of the website. In no event shall the Club and/or its suppliers be liable to you or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, the delay or inability to use the website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, strict liability or otherwise, even if the Club or any of its suppliers has been advised of the possibility of damages. to the extent permitted by law, the Club's liability, and the liability of its suppliers, to you or any third parties in any circumstances is limited to aud$100.

9.2 Notwithstanding the matters set out in Section 9.1, nothing in this Agreement is intended to limit or exclude any liability on the part of the Club where and to the extent that applicable law prohibits such exclusion or limitation.

Section 10. Indemnity

10.1 You agree to defend, indemnify, and hold harmless the Club, its officers, directors, employees and agents, from and against any and all losses, liabilities, damages (actual, special and consequential), costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material, your breach of the Agreement and any terms and policies incorporated by reference, or your violation of law or of the rights of any third party.

10.2 The Club shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.

Section 11. Import and Export Regulations Regarding Tangible Property

11.1 Australia and most foreign countries regulate the importation and exportation of tangible property. Many countries require a declaration of export for property that is leaving the country. Additionally, most countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and/or restrictions on the property. Many countries also prohibit or restrict importation or exportation of property containing ivory, tortoiseshell, whalebone, and/or products derived from other endangered or protected species, and require special licences or permits in order to import or export such property. Other countries regulate movement of antiquities and cultural items, which in some cases are subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported. It is the responsibility of the seller to ensure that the item is properly and lawfully exported from the country in which it is located.

11.2 It is the responsibility of the buyer to ensure that the property is properly imported into the buyer's country. If you participate in a Bomber Auctions auction, and, as a result, purchase property that you plan to ship to another country, you agree that you are responsible for familiarising yourself with and complying with any and all applicable rules and regulations.

11.3 The Club makes no representation or warranty and accepts no liability whatsoever to the buyer, or any third party in respect of the availability or issuance of valid import and export permits or the existence or exercise of pre-emption or other rights to purchase by governmental or regulatory authorities anywhere.

Section 12. Legal Compliance

12.1 It is your responsible to comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations in relation to your use of Bomber Auctions and your bidding on and purchase of auction items.

12.2 Notwithstanding the successful conclusion of a transaction on Bomber Auctions, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.

12.3 You must also ensure that you comply with all clauses of the Agreement and the Privacy Statement, and all other terms and policies incorporated by reference in those documents.

Section 13. General

13.1 Appropriateness for purpose

The Club makes no claim that the Materials are appropriate for any particular purpose. Access to the Materials may not be legal by certain persons or in certain countries. If you access Bomber Auctions from outside Australia, you are responsible for compliance with the laws of your jurisdiction.

13.2 Notices

13.2.1 The address for service of any notice:-

(a) To the Club is:-

By mail: by registered ordinary post to: Essendon Football Club, PO Box 17, Essendon 3040, Australia
By e-mail: generalenquiries@essendonfc.com.au
By facsimile: +61-3-9370 6804

(b) To you as Account Holder is at your e-mail address or such other address as is convenient for use by the Club and which was provided by you at the time of registration or as subsequently updated.

13.2.2 Any notice shall be deemed to be given:-

(a) If sent by e-mail, on the next Business Day in Victoria 24 hours after the e-mail is sent unless the sending party is notified that the e-mail address is invalid; or
(b) If sent by prepaid post, 3 Business Days in Victoria after the date of posting, or if sent to or posted outside Australia, 7 Business Days in Victoria after the date of posting; or
(c) If sent by facsimile, on the Business Day in Victoria the transmission is sent or the next Business Day in Victoria if sent after 5pm (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date and time of the transmission).

For the purpose of this Section, Business Day means a day on which banks are open for general business in Victoria, other than a Saturday, Sunday or public holiday.

13.3 Arbitration

Any controversy or claim arising out of or in connection with the Agreement may at the Club's discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

13.4 Jurisdiction

13.4.1 Bomber Auctions is based in Victoria, Australia. All legal issues arising from or related to the use of the website shall be construed in accordance with and determined by the laws of the State of Victoria applicable to contracts entered into and performed within the State of Victoria without respect to its conflict of laws principles.
13.4.2 By using Bomber Auctions, you agree that the exclusive forums for any claims or causes of action arising out of your use of Bomber Auctions shall be the state courts of Victoria.
13.4.3 You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

13.5 Severability

If any provision of the Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, the provision to the extent of its invalidity or unenforceability shall be severed from the Agreement and shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

13.6 Waiver

The failure of the Club to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

13.7 Limitation period

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Bomber Auctions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.8 Headings

Headings are for ease of reference only and in no way define, limit, construe or describe the scope or extent of such section.

13.9 Preparation of Agreement

You agree that this Agreement shall not be construed adversely against the Club solely because it was prepared by the Club.

13.10 Entire agreement

This Agreement constitutes the entire Agreement between you and the Club with respect to your use of Bomber Auctions. Any changes to the Agreement must be made in writing, signed by an authorised representative of the Club.

For assistance relating to Bomber Auctions, please contact Essendon Football Club between 9:00am and 5:00pm on Business Days in Victoria on +61 3 9230 0300, or alternatively via e-mail at merchandise@essendonfc.com.au. Every attempt will be made to respond to e-mail enquiries within 24 hours of the next Business Day in Victoria.