Share a Smile Auction

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Thank you for visiting Mickey Share a Smile (“Website”). This Website comprises of web pages owned and operated by the CNS Connections Pte Ltd (“CNS”). CNS is the appointed managing agent for this auction by HSBC INSTITUTIONAL TRUSTEE SERVICES (SINGAPORE) LIMITED AS TRUSTEE-MANAGER OF RCS TRUST (“Raffles City Singapore”). Raffles City Singapore, HSBC Institutional Trust Services (Singapore) Limited (in its capacity as trustee of CapitaLand Commercial Trust), HSBC Institutional Trust Services (Singapore) Limited (in its capacity as trustee of CapitaLand Mall Trust), their respective affiliates and any member of the CapitaLand Group shall not, under any circumstances, be held liable or responsible for the management, performance and operations of the Website (including, without limitation, the conduct of the auction, the bidding exercise, the collection and processing of information and the collection of payments), the Contents and the conduct of the online auction, which is the subject of this Website.

For the purposes of these Terms of Use, “CapitaLand Group” means CapitaLand Limited and its subsidiaries, related corporations, affiliates, joint ventures and funds or trusts managed by CapitaLand Limited or its subsidiaries.

These terms and conditions (the "Terms of Use”) govern your access to this Website. CNS reserves the right to change, amend, modify or vary these Terms of Use from time to time in our sole discretion, and any such change, amendment, modification, addition or deletion shall be effective upon its posting on the Website. PLEASE READ CAREFULLY THROUGH THE ENTIRE TERMS OF USE. YOU ARE REQUIRED TO ABIDE BY THESE TERMS OF USE. By continuing to access and use this Website, you hereby declare and agree to enter into an agreement with CNS and to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website. PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED ACCESS AND USE OF THIS WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.

Intellectual Property Rights

The materials located on this Website including but not limited to text, graphics, logos, button icons, images, data compilations and software, and the compilation thereof (collectively, the “Contents”) are the property of CNS, Raffles City Singapore, the CapitaLand Group, The Walt Disney Company (“Disney”) and/or their respective affiliates and is protected by Singapore and international copyright laws. All trademarks and logos displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of CNS, Raffles City Singapore, CapitaLand Group, Disney and/or their respective affiliates, and are protected by Singapore and international trade mark laws. Except as otherwise provided, material from this Website, including the Contents and the Trade Marks, shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way without the prior written consent of CNS. Modifications of any of the Contents or use of the Contents for any other purpose will be a violation of copyright and other intellectual property rights belonging to CNS or its licensors. You shall use your best endeavours to protect the intellectual property rights of CNS, Raffles City Singapore, CapitaLand Group, Disney and/or their respective affiliates, or any derivation thereof and shall inform us immediately if you learn of any infringement, misappropriation, improper or wrongful use of the same.

Disclaimer

This Website and the Contents are intended for the purposes of an online auction and should not be construed or relied upon as legal or other professional advice. While we have made every effort to ensure that the Contents of this Website are accurate, no representations or warranties of any kind, express or implied, are made by CNS on the completeness, accuracy, reliability, suitability or availability in relation to this Website or its contents for any purpose. CNS and our affiliates accept no responsibility for any loss which may arise from reliance on this Website or the Contents. Further, although we make reasonable efforts to secure communications over this website, which may vary depending on the content of the information transmitted, no security measures can ensure complete privacy and confidentiality of information, and we cannot guarantee, and make no warranty regarding, the security of any information transmitted or collected. We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control including but not limited to electrical, electronic, technical and computer-related faults and breakdowns, the requirements of any civil or military authority, power failure, acts of terrorism or other disturbances or perils of a similar or analogous nature ("Force Majeure Event"). We shall for the duration of such an event, be relieved of any such obligation under these Terms of Use as affected by the said event provided that the provisions of these Terms of Use shall remain in force with regard to all other obligations under these Terms of Use that are not affected by such event. You therefore agree and acknowledge that any data, enquiry or request made or submitted electronically to this Website is subject to the risks of the occurrence of the risks set out above and if, in any such event, we do not receive the data, enquiry or request submitted by you or if such data, enquiry or request is lost, corrupted or otherwise not accessible, whether wholly or partially for whatever reason, you shall be deemed not to have submitted such data, enquiry or request, and you shall have no claim whatsoever against us for compensation, loss or damage.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use this Website in any manner which could damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of this Website.

Representations and Warranties/Limitation of Liability

This website is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms of use or this website, including but not limited to warranties of merchantability, accuracy, reliability, completeness or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. By using this website, you agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any: (a) interruption of business; (b) access delays or access interruptions to this website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-web website links on this website (e) computer viruses, system failures or malfunctions which may occur in connection with your use of this website, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to this website regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

Termination/Access Restriction

CNS reserves the right, in its sole discretion, to terminate your access to this Website and the related services or any portion thereof at any time without ascribing any reasons whatsoever and without notice. CNS reserves the right to temporarily suspend or shut down the Website for system maintenance or for such other purpose as CNS may require, as and when necessary. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and CNS as a result of this agreement or use of this Website. CNS’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in these Terms of Use is in derogation of CNS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by CNS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and CNS with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CNS with respect to the website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English.

Privacy Statement

Please click here to view this Website’s Privacy Statement. Please review the Privacy Statement to understand how CNS collects, uses and discloses information collected and received from you.

Governing Law

We control and maintain this Website from Singapore and make no representation that the material and information contained in this Website is appropriate or available for use in all other locations/jurisdictions. The distribution of material and information on this Website may be restricted by the applicable laws in your jurisdiction. It is your responsibility to find out what those restrictions are and to observe them. These Terms of Use, including any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms of Use shall be construed and governed in all respects by the laws of the Republic of Singapore. If you have any query on these Terms of Use, please contact us at shareasmile@incinemas.sg.

Online Auction

Any user who makes an online bid with the intent to acquire the figurine as provided on the website through the donation auction will be deemed to have agreed and be bound by the Terms of Use of this site (“Bidder”). All registration information provided by Bidders to the Mickey Share a Smile Website shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidders agree to not use any device, software or routine to interfere or attempt to interfere with the proper functioning of this online auction sale.

Bidders acknowledge that this online auction is conducted electronically and that CNS and other parties to the online auction will therefore of necessity rely on hardware and software that may malfunction without warning.

Eligibility

Our services are available only to individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you may use our services only in conjunction with your parent or legal guardian. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to this Agreement.

Implied Warranty/Disclaimer

Information that is used or shared by CNS in connection with this online auction is believed to be true and correct. CNS, Raffles City Singapore, the CapitaLand Group and their respective owners, shareholders, directors, officers, employees, advisors, consultants, contractors, agents and other representatives, are not responsible for any misleading information that is provided in connection with this online auction sale. CNS is not responsible for any claims related to lots.

Your Information

You are solely responsible for providing accurate information that will be used to identify you to this online auction system, to deliver notices to you and to allow the CNS team to contact you. If your contact information changes, then you are responsible for updating it. CNS will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner. CNS may refuse to provide services to anyone at any time in its sole discretion. You will be suspended or permanently banned from this site if you provide false information when registering, such as a false name or false contact information. You will also be permanently banned from this site if you are the successful Bidder in an online auction and do not honor your auction bid. Our use of email addresses is strictly for contacting Bidders; any use of this private information by anyone else or for any other reason is strictly prohibited.

Description of Information

CNS believes the descriptions of lots appearing in this online auction sale and in advertising prior to this online auction sale to be correct. Nevertheless, neither those descriptions nor any oral statements made by CNS concerning any lot shall be construed as a warranty either express or implied. Lots are sold “as is” – where is and with all faults. Bidder acknowledges that all lots were available for inspection prior to the online auction sale and, by these terms, the Bidder is strongly encouraged to carefully inspect each lot in which Bidder has any interest. Bidder is to rely solely on personal inspection and not on information listed on this site or otherwise provided by CNS or any other person or entity (including Disney, Raffles City Singapore or any member of the CapitaLand Group). If Bidder failed to inspect any lot, this failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of the lot, will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale. These written terms constitute the final expression of the parties’ agreement and are a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The implied warranties of merchantability and fitness for a particular purpose, and all other warranties, either expressed or implied, are specifically excluded from this contract for sale and this transaction and shall NOT apply to the merchandise that is the subject of this sale and this transaction. CNS is not responsible for the actions the Bidders take before, during, and after the online auction sale, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to visits to this site. Use of this site is at Bidder’s own risk, and all content is presented “As Is”. Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and other important information is located on the first page of this site.

Bidding

Bidding starts at a minimum reserve price of S$320. You are encouraged to bid the maximum amount you are willing to pay for the lot. Be aware that you may be outbid minutes before the close of the online auction and may not have the opportunity to enter another bid. You WILL NOT automatically receive notification if another Bidder outbids your maximum bid. You will therefore need to monitor the auction activity to stay fully informed. In the event of a tie, the earlier bid will be considered the winning bid. When bidding ends, all sales shall be considered final. There are no exchanges or refunds absent express statement to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that such person is familiar with the Terms of Use and that the Bidder agrees to be bound by them. Any bid that reaches its maximum bid amount of S$10,000 (“Call Price”) will be concluded at that point, ahead of the close of the online auction and CNS will proceed to commence collection of payment of the bid from the Bidder.

Once the Call Price of S$10,000 has been selected by the Bidder, bidding for the chosen figurine will end, and CNS will contact the Bidder to make payment. If payment is not received within 3 working days of contact by CNS either through phone or email, the bidded figurine will be placed back for public auction within 5 working days, and the Bidder will be barred from making any Call Price from the bidding site. Payment by cheque will only be considered as paid when the cheque has cleared. E.g. If CNS contacts the Bidder on Friday 3pm, the payment must be received by following Tuesday before 3pm.

Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the Bidder’s own computer. The time lapse between submission of a bid and its registration can vary by several seconds. Bids are queued by CNS’s host computer in the order received. Bid positions are awarded on a first come first served basis. Bids are time stamped by the host computer with the time received. To be accepted, bids must be received by the host computer prior to closeout.

In the event of malfunction by CNS’s host computer, the online auction will be stopped. If the malfunction has not affected the sale prior to the malfunction, the lots will be considered sold. Auction of any remaining lots will be completed upon correction of the malfunction. Bidding on the remaining lots will be open, with no bid positions awarded upon resumption of the auction. Any malfunction by the Bidder’s computer or Internet service provider is not CNS’s responsibility. Placing a bid is a binding contract between you and CNS, and the bid cannot be retracted. Once a Bidder places a bid, and the bid is the high/winning bid, the Bidder will be obligated to buy the lot at the said price indicated. Placing a bid on this online auction site, and winning, then not paying for the lot is illegal, and prosecution or legal proceedings can result. CNS reserves the right to reject any and all bids.

As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding number and password. The security of your Bidder information is your sole responsibility and the Bidder will be responsible for any and all bids placed under the assigned number. If, at any time, you feel that your Bidder number and password have been compromised, due to lack of security on your part, you must notify CNS immediately.

Bid Retractions

There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made, you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any winning Bidder who refuses to purchase the lot may be banned from all future online auctions and may be subject to legal action.

Despite efforts to avoid the withdrawal of lots from the online auction sale after they are listed, it may sometimes be necessary to so withdraw lots, therefore, CNS reserves the right to do so at any time before or during the online auction sale.

Reserve Price

All auction lots will have a reserve price of S$320. The reserve price is the lowest price at which the lot will be sold. The reserve price will be displayed in the lot information screen. The lot will then be sold to the highest Bidder at the conclusion of the online auction sale. CNS reserves the right to accept or reject any or all bids unless otherwise stated.

Limit of Liability

In no event shall CNS be liable for lost profits or any special, incidental, or consequential damages whatsoever arising out of or in connection with any sale or transaction.

CNS reserves the right to reject or void bids, whether winning or not, that CNS deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws.

CNS is the one and only judge regarding the determination of winning Bidders, and the single deciding authority if disputes should arise, and accepts no liability for any errors or omissions. CNS reserves the right to reopen bidding on any disputed bids or ties.

CNS reserves the right to postpone or cancel a sale without notice, if it is determined in CNS’s discretion that such action is appropriate for whatever reason in CNS’s sole discretion.

CNS will neither have liability nor obligation to the intended Bidders as a result of any withdrawal, cancellation, or postponement of any sale.

Each Buyer, following his or her purchase, will receive an Acknowledgement of Purchase via email outlining the details of the transaction including payment, settlement, and final terms.

Intellectual Property Rights Associated with the Figurines

For the avoidance of doubt, the Bidder acknowledges that, in respect of the original design of the 3D “Mickey” figurines (“Original Designs”) which are the subject of the lots, all intellectual property rights to such Original Designs shall remain the property of Disney but this shall not include the 3D “Mickey” figurines, which are the lots and which are the subject of the online auction.

Collection

Upon receipt of payment, CNS will inform successful Bidder on the collection procedure of the successfully bidded figurine at Raffles City Shopping Centre from 18 January 2019.

Payment

Payment for purchases must be made payable to President's Challenge 2018, unless otherwise noted in the specific online auction’s terms and conditions. All bids are in Singapore Dollars; all settlements will be paid in Singapore Dollars.

Monies Collected for Donation

All monies collected from this auction nett of 30% for administrative costs will be donated to the President’s Challenge Fund. All successful Bidders will receive an official receipt from the President’s Challenge Fund and additional personal particulars including your NRIC number, if applicable, will be collected for tax deduction purposes.

Authorized Agents

Persons acting as agents must so indicate.

Default of Purchase

If any person shall purchase a lot and fail to pay for it in the manner described above, CNS shall have, in addition to all other legal rights, the right to resell the lot, or, at CNS’s option, bring an action for specific performance, in which event the defaulting Buyer agrees to pay all costs of such suit, together with all reasonable attorney’s fees and expenses. In the event of a resale, the defaulting Buyer agrees to pay all costs of resale, plus any deficiency between the original purchase price and the total price upon resale. If Buyer brings a lawsuit against CNS and does not prevail, Buyer will reimburse CNS for all reasonable legal fees and expenses incurred in connection with said suit.

Indemnification

Bidders and CNS agree to indemnify and hold this online auction site, its owner, and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Bidder’s and CNS’s use of the online auction service, the violation of these terms of service, the infringement of the service using Bidder’s computer, or of any intellectual property or other right of any person or entity.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our online auction service and your bidding on, listing, purchase, solicitation of offers to purchase and sell lots.

No Agency

You and CNS are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

General

We do not guarantee continuous or uninterrupted, or secure access to our online auction services, and operation of our online auction site may be interfered with by numerous factors outside of our control.

If any provision or portion of a provision of this Agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe, or describe 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.

Your Consent

By using our Website, you are consenting to the collection and use of your personal information including your full name, contact details by CNS. If your e-mail or other registration information changes please notify us immediately at shareasmile@incinemas.sg.

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