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Updated October 22, 2010

Terms & Conditions

The following describes the terms on which Vonality offers you access to our services and the terms and conditions of purchase of items and use of service on Rugby Canada Auctions and the products and experiences listed and purchased through the site.

Introduction

Welcome to Rugby Canada Auctions (“the Site”), a charitable online auction website for the support of Rugby Canada. This site is powered by Vonality.com and maintained by Rugby Canada. By registering on the Site and using the services on the sites 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 become a member of the Site, 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 of  the Site 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 October 22, 2010, for current users, and upon acceptance for new users.

Using the Sites

While using the Sites, you will not:

· post content or items in an inappropriate category or areas on the Sites;

· 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 or bid on 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 to Vonality;

· post false, inaccurate, misleading, defamatory, or libellous content (including personal information);

· take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Vonality);

· transfer your Vonality account (including feedback) 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 Vonality, or the interests or property of Vonality users;

· copy, modify, or distribute content from the Sites and Vonality's copyrights and trademarks; or

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

Abusing the Sites

Please report problems, offensive content, and policy violations to us.

Vonality 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, 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 Site and bidding on listed items is free. 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 or charging your credit card on file).

Bidding and Winning Auction items:

Vonality Inc., Rugby Canada it’s clients, donors, sponsors  and partners takes bidding activity very seriously and as such you are hereby notified that by placing a bid through this site, the account holder becomes legally bound by the Terms and Conditions set forth here within and by the Terms and Conditions stated on the auction website and individual auction item pages ("Auction Page").

Bidding and participation is open to persons over the age of majority in their province, state or territory of residence. Participants must register with valid registration information and have a valid credit card account in good standing. Individuals wishing to participate who do not have an valid credit card account may contact Vonality for assistance with creating and registering an account by completing our bidder qualification process.

Under this auction, the winning bidder will receive only the item and/or services and/or experiences as noted on the auction page, subject to the applicable terms and conditions.

Payment for this auction item must be received as noted on the auction page or within 72 hours of the auction item end time and may only be made via MasterCard, Visa, PayPal, Bank Wire or Personal Cheque.

At the end of an auction, the winning bidder will be contacted via email and will be able to complete their payment by clicking on the payment link as part of the check out process. Credit card information provided during registration is not used to complete payment for an item unless you fail to complete payment in full within the time specified. Registered users who failing to complete payment within 72 hours authorize Vonality Inc to charge their credit card on file the final bid amount plus shipping, taxes and handling and you hereby agree to waive any and all charge backs associated with this automatic charge method.  It is the winning bidder's responsibility to reply with complete information within 24 business hours or to contact Vonality Inc., within this timeframe. The winning bidder hereby agrees and consents to the release of their personal information to parties who are required to know such information including but not limited to the purpose of coordinating the auction experience, collection and to comply with applicable law.

As required, the winning bidder may be required to enter a secure or private "VIP" area or area off limits to the general public to fulfill certain conditions of the auction experience where they will have the unique opportunity to meet the named celebrity or talent as noted on the auction page and/or participate in certain privileged activities. 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, removal and storage of certain devices (recording equipment, cell phones, etc., which will be returned) and when requested, may be subject to additional security procedures. The winning bidders and his/her guest(s) agree that when requested, they may have to provide their names, addresses and dates of birth for further security verification including but not limited to criminal and police checks and produce valid government issued ID onsite and on demand. Rugby Canada, Vonality Inc.,  and their affiliated parties are in no way responsible for the loss, damage or theft of any personal property taken during an auction experience and not returned, lost or stolen by any means or as a result of any action or cause whatsoever.

Auction experiences may or may not be supervised by event staff and may be terminated at any time without notice for any reason and no refund or claim may be made. The winning bidders acknowledge that due to the unique nature of these experiences it is sometimes difficult to anticipate and schedule exact times for the experiences and/or celebrity meetings. Therefore all participants must be available on standby during the entire duration of the experience. For any meet-and-greet portion of an experience it is the winning bidders responsibility to ensure that they are available at least 2 hours in advance of any start time. Any delay caused by the winning bidder may cause the experience to be forfeited and no claim for a refund or alternative meeting time will be permitted.

The winning bidder and their guest(s) will be required to complete, sign and return an Affidavit of Eligibility/Release of Liability/Publicity Release and Auction Item Acceptance Form prior to accepting or participating in any auction experiences. Failure to comply will result in the auction item being null and void with no recourse or refund.

Participating bidders in this auction must be the age of majority in the province or territory in which they reside as well as the province where the auction experience is being fulfilled or meet the age restrictions (if any) as outline in point 1. A legal guardian or parent can purchase the auction experience for a minor and will be required to sign an applicable liability release. Where adult supervision is requested or required to fulfill certain obligations of the experience; one or more adults may supervise at the direction and request of the parties involved in delivering or coordinating the auction experience.

Vonality, its partners and donors strive to make necessary accommodations for all individuals requiring special assistance or who may have special needs. It is the responsibility of all bidders who require special assistance to contact Vonality in advance of placing a bid to ensure accommodations at the named venue can be met or special arrangements can be made. Vonality will work with all winning bidders to modify or alter any experience to ensure equal access for the disabled or for persons with special needs within the confines of the auction item(s). Please contact us prior to placing a bid as once a bid is placed we may be unable to accommodate any special needs or arrangements. It is the sole responsibility of the winning bidder to ensure that they are able to participate in the auction experience.

The winning bidder may transfer an auction experience as a gift with the written consent of Vonality, but will be required to provide the name and contact information of the transferee within 72 hours of making payment. The recipient of a gifted experience will be required to accept all terms and conditions as stated herein. If a transferee does not agree to accept all the terms and conditions, they may not participate in the auction experience and no refund or recourse will be available. Where any part of any auction experience is transferred without consent, sold or used for marketing or advertising purposes, the auction experience(s) will be deemed null and void and no refund will be available.

Vonality, the auction management agency, is performing a management service on behalf of and at the direction of the selling party and its agents. Vonality, its partners, clients, or donors are not responsible for any errors or omissions in the description of the auction experience or for any warranties or guarantees either explicit or relating there to.

The information you provide on the Site or as part of the registration will never be sold or shared with outside parties with the exception of Rugby Canada and Vonality Inc,. Your information will be used to provide you with services as required to fulfill our obligations to deliver items to you, collect fees or balances owed by you and notify you about auctions, products and services as it relates to Rugby Canada or Vonality and its affiliated companies.

Your bid is a binding legal agreement that you will be required to honor if you are the successful winning bidder.

For all auction experiences, the winning bidders and all participants are solely responsible for securing any travel and/or personal insurance, including but not limited to cancellation and medical insurance. All items are sold ‘As Is’.

Bidding for advertising, promotional, or commercial purposes is prohibited. The auction items are intended for personal use only and if used for advertising, promotional or commercial purposes, the auction experience may be forfeited or terminated as applicable without refund or recourse.

In the event where you place a bid and cannot produce the funds to cover your bid, cancel a bid during the last 24 hours of the auction, become the winning bidder are presented with a second chance offer and pay for the auction item, perform a credit card charge back or in any way fail to make payment in full within the specified time period you acknowledge and understand the you will be held liable for all costs and damages associated with cancelling a bid or non-payment. Damages from a non-paying bidder will be assessed at $25,000.00CAD (twenty-five thousand dollars) per auction item plus the appraised value of the auction item. Vonality may take additional legal action against you for fraudulent bidding activity to recover the entire final bid price and stated damages in addition to costs associated with additional damages caused by fraudulent bidding which includes but are not limited to; administrative fees, legal fees, costs for damages and recovery costs. Vonality will provide all information to local authorities and credit bureaus. Vonality 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, proper conduct and/or reputation of this auction event by placing fraudulent bids or any type of activity that may be harmful and detrimental to the outcome of this auction.

The auction winners accept all risks relating to their acceptance, use and participation in the auction item experience event whether occurring before, during or after the auction experience and hereby agrees to assume the same. Management for this experience event reserves the right to refuse admission to and/or to expel from the premises any person whose presence or conduct is deemed to be objectionable in any such event, the auction experience will be cancelled and the holder forfeits all claims, including any claim to a refund. 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 in non-admission or expulsion. Pursuant to the Rules, alcohol, illegal drugs, cameras, recording devices, inappropriate attire 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. No auction item may be resold, or disposed of by the purchaser in connection with any promotion by the purchaser of any products or services whatsoever or for any other commercial purpose.

By placing a bid on and becoming the winning bidder you agree to release and hold harmless the following Parties: Vonality, its' clients and Sellers and each of their respective parent companies, affiliates, employees, subsidiaries, distributors, suppliers and advertising/promotion agencies and entities related to the management, coordination or fulfillment of the prize (collectively, "Released Parties"), and assigns of any of the foregoing entities from and against any and all claims and liability arising out of participation in the Auction and the auction experience or the acceptance, possession, receipt of use/misuse of the auction experience or any component thereof. By participating, participants agree to abide by and be bound by the stated Terms & Conditions, as well as Vonality decisions, which are final and binding in all respects. Vonality reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion to be acting in violation of these Terms and Conditions. If, for any reason, the Auction is not capable of running as planned by reason of any causes that Vonality or its partners, in its sole opinion, deem could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Auction, Vonality and its partners reserve the right in their sole discretion to cancel, modify or suspend the auction and select the winning bid from among all eligible bids received (if any) prior to and/or after (as appropriate) the action taken by Vonality In such event, notice will be posted.

All bids are legally binding and enforceable. Notwithstanding your final bidder status at the end of the auction as the final high bidder, all bids placed are considered to be legally binding at the highest bid amount placed by your account. 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 72 hours from the close of the auction to complete the transaction. This applies to all subsequent bidders thereafter. In no way does this remove any liability from the highest bidder or subsequent bidders. Vonality and its partners will pursue compensation for any loss or damages as a result of a non paying bidder or bid cancellation or 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.

In consideration of your winning bid, you consent to use by Vonality and partners of your name and photograph personal photography solely for the purpose of promoting this program or for media relations.

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.

Vonality 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 Vonality 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, Vonality may cancel or suspend the auction or modify the auction process without notice and without any compensation to current or high bidders. Where an item has been listed in error or where as the incorrect price has been indicated, the item is no longer in stock, an error in typing has been made or any other error not covered herewithin ("Listing Error") Vonality may cancel, suspend or modify the listing at any time. Where you have paid for the item Vonality will refund you the amount paid without any further obligation to you and you specifically waive all rights to any other claim or compensation.

The auction item(s) are sold on an "as is" basis without any warranties, modifications, changes or refunds. This auction does not include any items or services that are not detailed in the auction pages. The winning bidders acknowledge that there will be no refunds or rescheduling opportunities for any reason where a winning bidder fails to comply with any part of the terms or conditions and Vonality and its partners have no obligation to provide a refund for any unclaimed or unused auction experience.

For items that are designated as charity auction items, the winning bidders acknowledge that as they are receiving value in exchange for payment of the winning bid price, the winning bidders will not be eligible to receive a tax receipt for any portion of the value of the winning bid price.

Vonality determines the final outcome of the auction. All bids placed are considered contractual obligations. Bidders who enter a bid incorrectly or notice that a bid has been placed on an auction item through their account have an obligation to contact Vonality immediately by email and phone. Your effort to contact us does not release you from any liability or damages. You have a duty to protect your account information and passwords and to execute a bid with the utmost caution and care. Vonality’s bidding process provides each user with double bid verification and acceptance procedures. Failure to correctly place a bid or placement of an erroneous bid is at your own risk.

Modifications such as additions or cancellations to the auction may be made at anytime and Vonality and its partners are not responsible for any changes.

All items are sold on an as is-where as basis, with no warranty implied. While we endeavour to insure that all items posted for sale are 100% authentic, there may be vendors who attempt to post items or provide Vonality with items which may violate our authentication policy. In the event where an item sold is not authentic or can not be authenticated Vonality offers a 100% money back guarantee. In order to be protected and covered under this guarantee you must notify Vonality within 24 hours or receipt of item by email to returns@vonality.com.

Please note there are no refunds on shipping and handling and return goods or items to Vonality is at the buyers expense.

Liability

You will not hold Vonality responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. 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.

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 (a) Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. (b ) 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. (c)  Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites (d) Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
No Agency

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

Except as explicitly stated otherwise, legal notices shall be served on Vonality's national registered agent (in the case of Vonality) or to the email address you provide to Vonality during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Currency

Unless otherwise stated, all prices, transactions and service fees are listed in Canadian Dollars.

Resolution of Disputes

If a dispute arises between you and Vonality, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Vonality 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 $10,000, 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 c) 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 $1000, 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 contents and composition including layout, look and feel and coding on this page or any auction listing page, About Me page (“Home” page), disclaimers, Frequently Asked Questions (FAQs) in whatever form or manner either graphic, text, or digital format or presentation of any language either actual or digital are the property of Vonality or the other copyright holders 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 Vonality. To violate this copyright protection is illegal and Vonality 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. Additionally, we will notify you through the Vonality Message Center. 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.

Our Guarantee is simple: If any item we sell is ever found to be of doubtful authenticity, we will issue an immediate and no-questions-asked refund. Thankfully, we have never had an item returned for authenticity. The excellent reputation of each supplier we do business with is the reason we stand behind every item we sell. As the worlds largest auction management company we've built relationships with the most reputable memorabilia companies in the business and can provide you with the assurance and trust when it comes to purchasing highly sought after and valuable memorabilia.

Copyright © 2012 Rugby Canada Auctions. All Rights Reserved. No part of this web page may be reproduced in any way, or by any means, without the prior written permission of Rugby Canada Auctions. Sparked by Vonality.com.