Terms & Conditions

Site and Purchase Terms & Conditions

The following describes the terms on which you have access to our auctions and the rules of participation.

Introduction

Welcome to the Make-A-Wish® online auction. By using the auction services you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Sites.

Before you may bid or view certain listings you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use and participation in of the Online Auction and other websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on March 1, 2016, for current users, and upon acceptance for new users.

Using the Online Auction ('Sites')

While using the auction sites, you will not:

  • violate any laws, third party rights, or our policies

  • use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;

  • fail to deliver payment for items purchased by you

  • manipulate the price of any item or interfere with other user's listings;

  • circumvent or manipulate our fee structure, the billing process, or fees owed;

  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information) ;

  • transfer your user account and User ID to another party without our consent;

  • distribute or post spam, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm the Online Auction, or the interests or property of the Online Auction or its' users;

  • copy, modify, or distribute content from the the Online Auction or violate copyrights and trademarks;

  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing the Online Auction.

Make-A-Wish® (“Client”) and Vonality.com (“Auction Provider”) and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Make-A-Wish® and its auction provider, works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please contact us and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

Joining the Online Auction Site and registering is free. Bidding on listed items is free. We do however capture your credit card information to verify your account. We also securely store your credit card information to verify your bidding activity. Your credit card may only be charged in the event where you have placed the highest winning bid on an auction item. When you place a bid or make a purchase or use a service that has a fee you have an opportunity to review and accept the fees and charges that you will be charged, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 30 days past due, deducting the amount owed from your account balance or charging your credit card on file).

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold the Client or Vonality responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $1.00.

Release

If you have a dispute with one or more users, you release Make-A-Wish®, Vonality, and our officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Vonality by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Vonality and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;

  • or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Information collected through this site is used by the Client and Vonality strictly for the purposed of providing the service to you. We use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States and Canada that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Resolution of Disputes

If a dispute arises between you and Make-A-Wish® or you and Vonality, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Province of Ontario as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Vonality must be resolved by a court located in Toronto, Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Toronto, Canada for the purpose of litigating all such claims or disputes.

  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Improperly Filed Claims - All claims you bring against Vonality must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Vonality may recover attorneys' fees and costs up to $10,000USD, provided that Vonality has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

Policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

The Following Terms and Conditions govern your bidding, purchases and use of the site.

Please Review the Disclaimer, Terms and Conditions, Privacy Policy and details as posted on the auction page which make up the complete Terms and conditions of this Auction. The seller takes bidding activity very seriously and as such you are hereby notified that by placing a bid on the Site the account holder, becomes legally bound to the Terms and Conditions set forth and the Terms and Conditions stated on the Vonality auction web site.

  1. Payment for this auction item must be received within 3 days and may be made via Credit Card, (Visa, MasterCard, American Express) or when offered and specifically specified by Bank Wire or certified check. If you fail to complete payment for an item you have bid on you authorize the auction provider to charge or debit the amount due from your credit card on file including any shipping, handling or buyers premiums and/or pursue collections efforts for the amount owing plus any administrative costs.

  2. Where applicable the winning bidder may be required to enter a secure or private 'VIP' area to fulfill certain conditions of the auction experience where they may have the unique opportunity to meet the named celebrity or talent as noted on the Auction page. In all cases the winning bidder may be subject to security checks and hereby consents as part of their participation to the reasonable examination of their persons and when requested may be subject to additional security procedures. The winning bidder and their guest agrees that if requested in advance to provide their names, address, date of birth and other information as reasonably requested for further security verification including but not limited to criminal and police checks.

  3. Where applicable VIP encounters or 'meet and greats' may or may not be supervised by event staff and may be terminated at anytime without notice for any reason and no refund or claim may be made. Advance notice to any meeting will be provided and when available will be scheduled as far in advance as possible. The winning bidder acknowledges that due to the unique nature of these experiences it is sometimes difficult to anticipate and schedule exact meeting times. Therefore all participants must be available on standby during the entire duration of the experience for the meet-and-greet portion of the experience as any meeting may occur without notice and it is the winning bidder responsibility to ensure that they are available without delay. Any delay caused by the winning bidder may result in the experience to be forfeited and no claim for a refund or alternative meeting time will be entertained.

  4. Eligible bidder must be age of legal majority in the country from which they are bidding. Winning bidders may purchase this item for a minor (Under 18). A legal guardian or parent will be required to sign a waiver on behalf of any minor who attends the event in order to transfer use. Where adult supervision is required; one legal guardian may supervise the face-to-face meeting but may not enter any staging area. A legal guardian is not eligible for any other part of the experience.

  5. Where an auction item involves travel to another country, it is the responsibility of the bidder to ensure they posses all the necessary documentation and/or passport/visa for travel. In the event where a bidder is denied access no refund will be offered.

  6. This auction is being conducted on behalf of and at the direction of other parties. All parties involved in providing this experience or items, its partners, clients, or donors are not responsible or liable for any errors, omissions or for any warranties or guarantees or for the fitness of use of a particular item either explicit or implied herein.

  7. Your bid is a binding legal agreement that you will honor if you are the successful winning bidder. The winning bid includes any buyers premium as stated on the auction.

  8. All bids are legally binding and enforced. Even if you are not the high bidder at the end of the auction your bid is still considered to be a legally binding purchase agreement at the highest registered bid amount placed by your account on the Site. In the rare event where the winning bidder defaults on payment, the second highest bidder will become legally bound to complete the transaction at their highest registered bid amount and will be notified within five (5) days to complete the transaction. Placing a bid and being outbid does not release you from your obligation or liability to complete the sale of this item. In the event where you are provided a second chance offer, whether you accept it or not you will be required to complete the transaction only at the highest bid amount placed by you. This applies to all subsequent bidders thereafter. In no way does this remove any liability from the highest bidder. The seller will pursue compensation for any loss or damages as a result of any bidding activity deemed to be fraudulent in nature or that causes damage(s) and harm to the auction to the fullest extent as permissible by law. Please note that actions such as, but not limited to; placing a high bid in error to uncover a reserve price, retracting a bid at any point during the auction, retracting a bid in the last 24 hours of the auction, placing a bid and retracting it in error without placing a follow-up bid, failing to pay for the item within the time specified, non payment of an auction item or any other type of activity that may disrupted or cause harm to the auction process will create a situation where the auction can not run properly and will cause great harm and damage to the auction process. This will cause the Site, Clients and Auction Provider to incur significant costs, losses, damages and expenses. The minimum cost the Auction Provider will incur from such actions is at least $10,000.00USD ('Stated Costs'). This cost represents the sellers marketing and expenses. Your actions may bring additional costs and or damages against the Seller which we will hold you liable for including but not limited to the cost of recovery, re-listing, re-marketing and or legal fees.

  9. In the event where you place a bid you acknowledge and understand the you will be held liable for all costs and damages associated with cancelling a bid or non-payment and be liable to the Seller for the amount specified in Sec.8 for Stated Costs. The Seller may take additional legal action against you for fraudulent bidding activity to recover the entire final bid price in addition to cost associated with damages caused by fraudulent bidding which includes but is not limited to; administrative fees, legal fees and recovery costs. The Seller and the Auction Provider may provide all information to local authorities, credit bureaus and other reporting and collection agencies. The Seller and the Auction Provider and its partners reserve the right to seek remedies and damages to the fullest extent permitted by law against non paying bidders or any individual who compromises the integrity and good will of this auction event by placing fraudulent bids or any type of activity that may be viewed to be harmful and detrimental to the outcome of this auction.

  10. Items are shipped and insured based on the final bid price. Where an item has been left for pick-up or the buyer has indicated that they will pick up an item or an item is being stored for pick up, the winning bidder must pick up the item within 7 days, unless otherwise noted on the auction page. Items left after seven days will incur a $150.00/day storage charge or will disposed of without any refund to the winning bidder. We are not responsible or liable for loss or damage to any item(s) left after 7 days.

  11. By placing a bid and/or taking receipt of the item described in this auction you indemnify, hold harmless and release the Seller and the Auction Provider, their employees, contractors, partners, donors, directors, and their respective advertising and promotional agencies, and their officers, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the auction item. Furthermore you fully release all parties associated with conducting this auction from any personal injury, property damage, any loss and all costs sustained or incurred as a result of the use of the auction item or experience.

  12. For Sporting Events or 3rd Party Ticket Event: The Auction winner acknowledges all risks incidental to any game or event whether occurring before, during or after the game or event and hereby agrees to assume the same. Management for any ticketed event reserves the right to refuse admission by refunding the price appearing on the ticket and/or expel from the premises any person whose presence or conduct is deemed to be objectionable without refund. Expulsion cancels this ticket or the auction package and the holder thereupon forfeits all claims, including any claim to a refund. Tickets deemed lost or stolen will not be honored. Admission to any event is subject to compliance with applicable laws, by-laws, regulations and facility or stadium rules ("the Rules") Failure to comply with the Rules may result is non-admission or expulsion. In conformance to the Rules, alcohol, illegal drugs, cameras, recording devices, clothing not being worn and bags or containers of any kind, may be excluded from the premises. Holder consents to the reasonable examination of his/her person and effects to ensure compliance. Latecomers may not be admitted until a suitable break in the performance. Without the express written permission of the Seller no auction item sold shall be resold, given away or disposed of by the purchaser is connection with any promotion by the purchaser of any products or services whatsoever or for any other commercial purpose. Resale invalidates Ticket. No Refunds, No Exchanges.

  13. The details listed on the auction pages are the final detail about the item you are purchasing. Our customer service team may assist with providing you answers or additional details about an auction item or package. This information is non binding and should not be relied upon. Any information provided through email or phone support is purely general information and no change to the auction item is implied. Customer service & management does not have the authorization to modify or change the terms and conditions of any auction item unless it is specified on the auction listing page and as such all items are sold 'as is' and 'where as'. All sales are final with no buy back or refunds.

  14. Please note that shill bidding is neither allowed nor tolerated. This practice is illegal and carries legal consequences in many areas. Shill bidding is the deliberate placing of bids to artificially raise the price of an item and is not allowed. We track and monitor all bidding activity and you agree to allow us to use the information you have provided us and that we collect to persecute you for any action that is damaging to the Site, the auction or it's Seller or Auction Provider.

  15. The Auction Provider reserves the right to block a bidder or cancel any bid at any time for any reason including but not limited to, feedback, non-paying bidder status, bid retractions, and recent bid history. Furthermore if in the Sellers sole discretion, it determines that for any reason the auction is not capable of running as originally planned or the integrity of the auction has been compromised for any reason, Seller may cancel the auction without notice and without any compensation to current or high bidders.

  16. All items are sold on an 'as is' and 'where as' basis without any warranties, modifications, changes or refunds. This auction does not include any item or services that are not detailed in the auction page. VONALITY will not be liable to any party or nonparty for any act or failure to act on its part in connection with its performance under this agreement. Where there is an error in the listing, communication of a winning bid or other action caused in error the maximum liability Vonality shall have to you is to refund you the monies paid upon return of the items if applicable. Vonality is not liable for return shipping cost- this is the sole responsibility of the purchaser. You agree to fully release and indemnify Vonality and its Parties from any action you take prior to physical receipt of the item(s) that may cause you harm, damage or other liabilities. 

  17. The final outcome of the auction is determined by the Vonality. All bids placed are considered contractual obligations. Modifications such as additions or cancellations to the auction may be made at anytime and the Seller is not responsible for any changes or modifications. In the event of an error or technical 'glitch' our maximum liability to you as a bidder is to refund any monies that we have collect from you. You agree to fully indemnify and hold harmless all parties for any losses you incur as a result of a system glitch, notification error, or any other issue that may arise that may cause you to incur any form of loss or risk from your participation, purchase or actions with our Site. Please note that some auctions may have a bid extention feature and as such the end time may be adjusted in the final minutes of the auction to allow all bidders fair and equal access to the auction and to avoid bid snipping (placing a bid in the last section of the auction).

  18. The contents and composition including layout, look and feel and coding on this page or any auction listing page, About Me Page, disclaimers, Frequently Asked Questions (FAQ's) in whatever form or manner either graphic, text, or digital format or presentation of any language either actual or digital are the property of the Seller and/or Auction Provider or the other copyright holders represented hereon and may not be copied, reproduced, duplicated, paraphrased, in whole or part for any purpose or reason whatsoever whether online or in a physical manner including storage to a computer system or storage device of any kind for republication or dissemination without the express written consent of the Seller. To violate this copyright protection is illegal and we will pursue such violations vigorously.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.