Welcome to Ajahn Brahm’s 70th Birthday!
These terms and conditions outline the rules and regulations for the use of Buddhist Society of Victoria’s and BSWA’s Website, located at https://ajahnbrahm70th.org.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Ajahn Brahm’s 70th Birthday if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Buddhist Society of Victoria and/or its licensors own the intellectual property rights for all material on Ajahn Brahm’s 70th Birthday. All intellectual property rights are reserved. You may access this from Ajahn Brahm’s 70th Birthday for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Ajahn Brahm’s 70th Birthday
- Sell, rent or sub-license material from Ajahn Brahm’s 70th Birthday
- Reproduce, duplicate or copy material from Ajahn Brahm’s 70th Birthday
- Redistribute content from Ajahn Brahm’s 70th Birthday
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Buddhist Society of Victoria may filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Buddhist Society of Victoria,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Buddhist Society of Victoria shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Buddhist Society of Victoria reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Buddhist Society of Victoria a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Buddhist Society of Victoria; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Buddhist Society of Victoria. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Buddhist Society of Victoria’s logo, Ajahn Brahm’s 70th logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms and Conditions for the Ajahn’s Brahm 70th Birthday Online Auction
I HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION.
I HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
I FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL MY PURCHASES.
‘Auction’ means Ajahn Brahm’s 70th Birthday Online Auction.
‘Auctioneer’ and ‘Organiser’ means The Buddhist Society of WA and The Buddhist Society of Victoria
‘$’ means Australian currency
Bidding on Items
You must be a registered user to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount. If you are outbid, or your bid does not meet the reserve price, there is no obligation for you to buy the item. But in all other cases, you are entering a contract to purchase the item, and to deliver payment within the time period specified (5 working days from auction closing). If you are unable to pay the amount, please refrain from bidding. Your bids are final and non-retractable. Email bids will not be accepted.
All persons who wish to bid in the auction or want to purchase must register by creating an online account. To register, the Bidder must provide all of the registration information requested and sign the Agreement by checking the ‘I AGREE’ box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older. The Auctioneer reserves the right to reject a registration or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the Bidder’s registration.
The Auctioneer will predetermine the number of items in the auction and set the starting bid on each item. If an item is incorrectly described online, the Auctioneer reserves the right to rectify such errors and email active bidders the correct description.
All items are being auctioned with a reserve price. Any bid submitted below the reserve price will not result in the purchase of an item.
All rights granted herein are personal and exclusive to the registered bidder and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder.
Disputes between Bidders
In case of any dispute between bidders, the Auctioneer at their sole and complete discretion, may reopen the bidding pursuant to specific terms determined by the Auctioneer between the two highest bidders only, until the item is sold. If a dispute arises after the sale of any item, the Auctioneer’s records shall be deemed conclusive in all respects.
(A) The Buyer acknowledges that the Auctioneer does not have any responsibility or liability for the website(s) used for Internet bidding. The Auctioneer acknowledges that they may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, the Auctioneer shall not be held liable (for lost profits or damages) or responsible for the function of the website or its inability to function. The Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues occur and are beyond the knowledge, scope, and control of the Auctioneer.
(B) The website is administered by the BSWA and the BSV in Australia. If the Buyer accesses the website from a location outside Australia, the Buyer consents to exclusive and continuing jurisdiction in Australia and agrees to be bound by and comply with all applicable laws.
(C) The Auctioneer reserves the right to deny any person for any reason, permission or access to bid online.
(D) The winning bidders will be notified via email at the auction close.
The Auctioneer disclaim any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct item and ensure that their bid is for the amount intended. The Auctioneer is not responsible for computer or human error which may result in any customer dissatisfaction. The Auctioneer reserves the right to accept or reject any and all bids or bidders. The sale is completed when the highest bidder is announced by the Auctioneer.
The Auctioneer will use an “extended bidding” process to close all of our auctions. After the closing bid time for the current auction, the auction will continue for any item that has multiple bids until there are no bids placed on any item in the auction in a fifteen (15) minute time frame interval for the next 60 minutes. You MUST place a bid on the item in order to bid in extended bidding. Any items with only one bid will close at the beginning of extended bidding.
For example, during “extended bidding”, if Item #1 receives a bid within the initial fifteen (15) minute time frame after the closing bid time of the auction, the auction is extended 15 minutes. All bidders are all on the same playing field and are all equipped with the information required to ensure that the only reason they do not win a given item is they are not interested in the item or the price for the item went above their threshold. The auction is not closed until all bids have been made, and when the auction is closed, the high bidder on every item is the person who is willing to pay the most for the item. This is precisely what auctions are supposed to accomplish.
The auctioneer reserves the right to end the auction at any time in extended bidding.
Time of the Auction
An auction starts and will close on the dates specified on the auction item’s detail page. However, we follow the 15-minute Overtime rule. This rule means that the auction can continue for an additional fifteen (15) minutes, up to four (4) times totaling one (1) hour, for verified bidders that have bid on any particular item prior to the close. The auction has ended when our website indicates the auction is closed.
Stop Payment/Insufficient Funds
Upon making payment for an item, no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
Sale by Items
The Auctioneer reserves the right to include in the auction any Item and the right to withdraw any item prior to posting for bids at the beginning of the auction. The Auctioneer may combine, subdivide, regroup or reorganize any Items.
The amount must be paid in full by the Buyer in the form of bank direct funds transfer. If the Bidder/Buyer does not pay for any purchased item(s) within 5 working days after the end of the Auction, the Auctioneer reserves the right to offer the item(s) to the 2nd highest bidder for purchase. If the Auction does not have a 2nd highest bidder, the item may be relisted for sale online or added as an item for another auction in the future. Failure to fulfill the Buyer’s payment obligations will affect future bidding privileges.
Acceptance of Terms and Conditions
A bid placed by any person shall be conclusive proof that they have read and understood the Terms and Conditions of Sale and agreed to be bound by such Terms and Conditions prior to placing any bid.
Breach of Contract
If this Agreement, or any terms and conditions announced by the Auctioneer, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, the Auctioneer may publicly or privately resell the item, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred.
Limitation of Liability
IN NO EVENT SHALL THE AUCTIONEER BE LIABLE TO THE BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF.
Each party to this Agreement acknowledges that it has been read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the state of Victoria, Australia and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Victoria. In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Victoria, Australia.
All online items are sold in “as is” condition. All these items are donated for the sole purpose of raising funds for the Newbury Buddhist Monastery Building project. All payments are donations to fund the project and non-refundable.
Delivery of the items will be arranged by the Auctioneer to the place nominated by the successful Purchaser at the time of online registration. All deliveries must be made to a specified street address (not a post office box) and receipt of the items must be acknowledged by the signature of the successful Purchaser of “or ” their nominated agent. The delivery address cannot be altered 3 working days after closure of the online Auction.
The delivery of the winning item will only be arranged once the Total Price is paid in full. The shipping cost will be covered by the organiser.