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These terms and condition apply to all online bidding at auction sales conducted or in conjunction with MERCY Malaysia International Humanitarian Relief Charity Run (“myMERCYrun”). By participating in a myMERCYrun auction sale via online bidding, you expressly agree to these terms and conditions.

1. Bids

1.1 All bids submitted at myMERCYrun auctions are final and irrevocable. If you are the highest bidder and the auctioneer announces the item as sold to you, you are the new owner of that item. All sales are final.

1.2 Any bid that you make constitutes a legal offer to buy the item from myMERCYrun. You may not retract a bid except for limited circumstances allowed under applicable law, for example, where the item does not materially comply with the description provided in relation to it prior to auction.

1.3 By bidding on an item you agree to be bound by any conditions included in the item’s description on myMERCYrun Facebook profile page.

1.4 Any bid you make will remain open for the time period specified on Facebook. We reserve the right to automatically extend this fixed time period by ten (10) minute increments where the highest bidder is submitted within ten (10) minutes before the close of an auction to allow time for responses and final bids. myMERCYrun does not support the practice known as “sniping” where bidders place bids within the last few minutes of an auction and do not allow other bidders time to respond.

1.5 myMERCYrun have full discretion to refuse to accept your bid or withdraw any item for whatever reason at any time.

1.6 myMERCYrun sells each and every item “as is, where is”. We make no representations or warranties with respect to the items in our auctions. We recommend you visit the Facebook profile page to inspect items you’d like to buy before bidding on auction day.

1.7 Every myMERCYrun has a reserved price. However, bidders are not allowed to buy the items outright at these prices. If auction items do not meet the reserve price, myMERCYrun has the right to nullify the auction and restart it all over again. myMERCYrun is not obliged at any time to reveal any items’ reserved price.

 

2. Bidding Process

2.1 During an Auction, you are allowed to bid as many times as you want in ascending price.

2.2 You acknowledge that you are bidding in a live auction and You agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted (including the liability to pay in full and on time in accordance with these terms and conditions for any items that is the subject of a successful bid submitted from You).

 

3. Payment

3.1 If your bid is successful you will be contacted by a myMERCYrun representative to confirm acceptance of your bid and the amount of the successful bid and details of the relevant item, payment method details and details for You to arrange for collection of the item from myMERCYrun.

3.2 If for whatever reason myMERCYrun is unable to contact You within twelve (12) hours after the closure of the auction and/or there is a problem with your payment of any of the items, then myMERCYrun will be entitled in their discretion to offer the items to the next highest bidder, to re-auction the items or dispose the items by any other means.

3.3 You agree to comply with all applicable laws, statutes and regulations concerning your use of Services.

3.4 Every item becomes the responsibility as soon as the auctioneer announces that an item has been sold. If you are the highest bidder, you are responsible to make payment for your item within twenty-four (24) hours.

3.5 Successful bidders are required to pay for postage and handling or courier service on each item purchased.

3.6 Purchases must be paid in full within twenty-four (24) hours of the end of the auction.

3.7 Details of the payment method will be provided to You by a myMERCYrun representative if your bid is successful.

3.8 The amount of any successful bid will be inclusive of GST (if any) but will be exclusive of delivery or collection costs.

 

4. Returns

4.1 Other than as may be required under law, myMERCYrun will not under any circumstances accept the return of collected items.

 

5. Intellectual Property Rights

5.1 You agree not to copy, modify, download (other than page caching), store or sell any part of this Auction without our prior written consent.

 

6. Limitation of Liability

6.1 The content displayed via myMERCYrun Facebook profile page may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors, or omissions in any portion of the Auction and to make any changes to the features, functionality or content of the Auction at any time.

6.2 Any hyperlinks to third party sites or Facebook pages provided via this Auction exist for information purposes and your convenience only and we do not endorse the content of such pages or sites. We are unable to accept any liability for any loss or damage arising directly or indirectly from the content of such pages or sites.

6.3 Without prejudice, in any event our liability shall be limited to an amount not exceeding

a) the amount paid or payable by You or the highest bidder to myMERCYrun for the items to which the claim relates for one incident or series of incidents attributable to the same cause or if no such amount is paid or payable the market value of such items, or

b) where no amount is paid or payable the maximum sum of RM50.