The Wish Foundation - Lowest Unique Bid Penny Auctions - Terms - Privacy

Terms - Privacy

The following and all other terms, rules and explanations contained on this site and on vouchers produced and distributed by the Foundation as detailed below are the terms and privacy policy (“Terms”) which govern the reverse auctions programme ("Programme 1 Auction Auctions") and the feature match cashback programme ("Programme 2 Feature Match Cashback")  together (“Programmes”) contained on this site (“Site”).

The Site is registered to Merlin's Wish Foundation of Northside House, Mount Pleasant. Barnet. Hertfordshire. EN4 9EE Company limited by guarantee. Registered in England number 7267327. Charity number 1137699 (“Foundation Foundations Us Our”).

The Foundation is a UK grant making trust and is controlled and administered by its trustees as detailed on the Site (“Trustees”).

To protect the Foundation from the possibility of financial loss and to guarantee the Foundation has a financially positive result from each Auction and Feature Match promotion hereunder, The Programmes costs (except Auction prizes) are underwritten through an appointed online costs underwriter and where deemed appropriate through underwriter arranged insurance cover (“Underwriter Underwriters”).

By becoming a registered supporter of the Foundation ("Supporter ") and using the Site you agree to be bound by the Terms including all laws and regulations that may govern the Site. If you do not agree to the Terms, please do not register as a Supporter or use the Site.

The information supplied by you in the Site registration form is incorporated herein by reference.

1. Programme 1
1.1 Programme 1 is a skill and judgment based form of prize competition, as defined by the Gambling Act 2005. (Please reference - Reverse Auctions, Frequently Asked Questions, June 2008 on the Gambling Commission website). The design of the Auctions ensure that they exceed the basic requirements outlined by the Gambling Commission and meet the criteria for skill as set out in Section 14(5) of the Gambling Act.
1.2 Every rule, all information or references to Programme 1 contained on the Site are incorporated herein.
1.3 Auctions are open to all persons aged 18 and above who have completed the join free process contained on the Site (“Players”) , except for Foundation employees, Trustees, members of their immediate family, agents or any other person or organizations connected with the creation, underwriting or administration of our Auctions.
1.4 The Foundation reserves the right to cancel your participation in any of our Auctions and/or membership if we find that you are in breach of any of these Terms and Conditions.
1.5 All Players must provide the required account information during the join free process. If you are found to have provided false information we reserve the right to void all of your bid entries without refund. 
1.6 Players may only register one account. If you are found to have more than one account we reserve the right to void all your bid entries without refund. 
1.7 Players can purchase bids online at the rates quoted on the home page, are required to complete the join free process and are deemed to have read, understood and agree to be bound by the Terms. 
1.8 Purchased bid packages are non refundable if any of the bids from a purchased package have been placed in an Auction, partially used bid packages are non refundable. Unused bid packages are refundable subject to written request to the Foundation by the purchaser through "contact us" on the home page within seven days of purchase only. All other refunds (e.g. in respect of donations made on the website) can be made at the discretion of the management following written request as detailed above. 
1.9 Auctions will run between the hours of 10.00am until 12.00 midnight daily or until the timer featured in each Auction panel reaches zero at which time the Auction will close and the lowest unique bidder determined. 
1.10 Between the hours of 12.00 midnight and 10.00am the following morning Auction bidding activity will be suspended on the Site. At 10.00am in the morning Auction bidding will resume.
1.11 Based on budget factors such as administration, costs underwriting , product purchase cost (if any) , etc, each Individual Auction will have a variable reserve bid level which must be reached prior to the featured timer/clock in an Auction panel reaching zero and the item being sold. The Auction Panel will then show "Auction Closed" and no further bids will be accepted ("Closed Auction Closed Auctions"). 
1.12 If in the exclusive opinion of the Underwriters, player bidding on an Auction indicates that the variable reserve bid level detailed above is unlikely to be achieved through continuation of the Auction when compared to other Auction timing / bidding results then the Underwriters will end the Auction forthwith and award the person who holds the lowest unique bid at that time 25% of the net value of bids received for the Auction in substitution for the featured Auction item . The Auction Panel will then show "Auction Closed" and no further bids will be accepted ("Terminated Auction Terminated Auctions"). 
1.13 The Underwriter guarantees that irrespective of the Foundations running and operational costs associated with Programme 1 as against income received from participating bidders / players that the Foundation shall suffer no financial loss on any Auction.
1.14 All information concerning bid levels are kept secret for the duration of each Auction and will not be disclosed to any employees, members of their immediate family, member of the public or any other person who is connected with the creation, participating in, or administration of an Auction until after it has closed or been Terminated.
1.15 From time to time, at the exclusive ellection of the Underwriter, an Auction may be closed early for promotional purposes. Under those circumstances the lowest unique bidder at that time will be determined, the Auction closed and the featured Auction product awarded to the Winning player. 4.1 An Auction winner is the person at the end of an Auction with the lowest unique bid, or if there is no single lowest unique bid the earliest bidder of two or more otherwise lowest identical bids shall be the winner.
1.16 If you are the winning bidder of an Auction, we will use the latest contact details you have registered in the member’s area to inform you of your good fortune.
1.17 Auction winners have 30 days after notification has been made to claim their Auction item (“Acceptance Period”).
1.18 At 31 days after the above mentioned date of notification, if we have not received a reply to our winning notification contact , we reserve the right to cancel your right to receive the Auction item.
1.19 If you confirm by email or post acceptance of the Auction item within the Acceptance Period we will require you to provide an acceptable form of photographic ID such as a driving license or passport.
1.20 All winners are required to supply a photograph which we can use for publicity purposes together with the winners name, town of residence and win details.5.1 The quality and performance of any Auction item is the exclusive responsibility of the manufacturer of the item or the supplier, as is the performance of any warranty supplied (or not) as standard with the item, the Foundation and the Underwriter have no responsibility whatsoever in those respects.
1.21 Auction items will be delivered free of charge to winners at any verified, Site registered address on the UK mainland. 
1.22 In the event an Auction item is or becomes unavailable from the Foundations chosen supplier or supporter after completion of an Auction, an item of similar specification and cost will be offered to the Auction winner. If this is not acceptable to the Auction winner the Underwriter will pay and the Auction winner will accept a cash payment alternative equal to the lowest wholesale price of the Auction item when it was available for purchase.

2. Programme 2
2.1 Programme 2 is a skill and judgment, voucher based cashback or cash refund form of prize competition. The design of Programme 2 ensures that it exceeds the basic requirement criteria for skill
2.2 Every rule, all information or references to Programme 2 contained on the Site or vouchers issued by the Foundation as described on the Site are incorporated herein
2.3 By using the Site and any authorised vouchers issued by any of the Foundations merchant promoters relating to Programme 2 you agree to be bound by the Terms including all laws and regulations that may govern the Site and the printed terms as they appear on any Programme 2 voucher or leaflet issued to you.

3. Programmes General
3.1 By accepting these Terms you will be deemed to have read and understood all the terms and conditions connected with the Programmes , including, without limitation, terms and conditions displayed on individual Site pages and vouchers.
3.2 These Terms are not intended to create any partnership, agency or joint venture.
3.3 These Terms represent the entire agreement between us.
3.4 Any notices that are required to be given or sent to us shall be addressed to our registered office as stated in the “About ” page of the Site or be sent to us by email using the contact us facility on the Site or to you at the address registered by you in the member’s area of the Site or by email to the latest email address registered by you in the members area of the Site. Notices are deemed to have been delivered 2 working days after dispatch by registered post or courier or in 24 hours after email transmission.
3.5 The Foundation may modify or alter any of the Terms at any time at the sole discretion of the Trustees by posting revised terms on the Site.
3.6 The services made available to Supporters through the Site are provided 'as is' 'with all faults', and 'as available'. The Foundation, Our affiliates, agents, partners, licensors and licensees can not and do not warrant the accuracy, completeness, current-ness, non-infringement, merchantability or fitness for any particular purpose of the services or any information or materials or products available through the Site. Nor does the Foundation guarantee that anything available through the Site will be error-free, or continuously available, or free of viruses or harmful components. Further the Foundation can not guarantee or warrant that the Site or materials that may be downloaded from the Site will not contain viruses, worms, 'Trojan horses' or other destructive features. If you download any files from the Site, you do so at your own risk.
3.7 All Site content is copyrighted and any unauthorised use of any portion of the content of the Site is protected by all relevant Copyright Laws. The Content of the Site may not be copied, modified, published, transmitted, distributed or otherwise made available without prior written consent from the Foundation.
3.8 You agree to indemnify, and keep indemnified the Foundation, its appointed Agents and Partners from and against all claims, actions or otherwise arising from any use or alleged use of the services provided on, by or through the Site by any person, company, organisation or merchant whether authorised by you or not.
3.9 The Site is intended for access and use by Supporters living in or citizens of the United Kingdom. If the Site is accessed and a membership created from any other location / jurisdiction outside the United Kingdom, the Supporter does so at their own risk and is exclusively responsible for compliance with all local laws.
3.10 The construction, validity, interpretation and performance of these Terms and all matters relating thereto shall only be governed by the Laws and be exclusively subject to the jurisdiction of the Courts of England and Wales.

Privacy Policy

Our Privacy Policy ("Policy") is to respect the privacy of all visitors to the Site to the extent permitted by law. This Policy is intended to inform you of the ways in which the Site collects information, the uses to which that information will be put and the ways in which we will protect any information you choose to provide us. There are four types of information that the Site may collect during your visit: Network Traffic Logs, Web Visit Logs, Cookies and Information Voluntarily Provided by you.

Network Traffic Logs
In the course of ensuring network security and consistent service for all users, the Site employs software programs to do such things as monitor network traffic, identify unauthorised access or access to non-public information, detect computer viruses and other software that might damage The Sites computers or Site networks and monitor and tune the performance of Site networks. In the course of such monitoring, these programs may detect such information as email headers, addresses from network packets and other information. Information from these activities is used only for the purpose of maintaining the security and performance of Site networks and computer systems. Personally identifiable information from these activities is not released to external parties without your consent unless required by law.

Web Visit Logs
The Site routinely collects and stores information from visitors to help manage the Site and improve service. This information includes the pages visited on the Site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used and the capabilities of the browser. The Site makes no attempt to identify individual visitors from this information; any identifiable information is not released to external parties without your consent unless required by law.

Cookies
Cookies are pieces of information stored by your web browser on behalf of a website and returned to the website on request. The Site may use cookies to carry data about your current session at the Site.

Information Voluntarily Provided by You
In the course of using this website, you may choose to provide us with information as detailed above and elsewhere on the Site, to help us serve your needs. For example, you may send us electronic mail (through a mailer or webform) to request information, you may sign up for a mailing list, you may send us your address so we may send you an application or other material or you may send us files containing images. Any personally identifiable information you send us will be used only for the purpose indicated on the Site or as required by law. Requests for information will be directed to the appropriate staff to respond to the request and may be recorded to help us update the Site to better respond to similar requests.

Links to Other Websites
We will provide links to other websites or resources. We do not control these websites or resources, do not endorse them and are not responsible for their availability, content or delivery of services. In particular, external sites and resources are not bound by this Policy; they may have their own policies or none at all. Often you can tell you are leaving the Site by noting the URL of the destination site.

Legal Requirement to Provide Data
We will not provide your personal information without your prior consent however under circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of the Site and safeguard the interests of our Supporters, we will comply with any such legally binding request.