Capital Tickets Auction Terms and Conditions
If you: (a) violate these Auction Terms; or (b) tamper or attempt to tamper with the process or operation of the Auction Services or any Auction, we may terminate your use of the Auction Site, bar you from future use of the Auction Site, cancel your purchase of any Auction Item , terminate or refuse to allow your participation in any Auction and/or any future auction available on the Auction Site, and/or take appropriate legal action against you.
- An individual who participates in an Auction by placing a bid (a “Bidder”) must: (a) be a legal resident of Canada; (b) have reached the age of majority in his/her province or territory of residence; and (c) be the owner of a valid credit card to be used in connection with such Auction.
- Employees of Capital Tickets, Capital Sports Properties Inc. (Scotiabank Place), Capital Sports & Entertainment Inc., Capital Sports Management Inc., and the promoter of the applicable Auction Item, their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in any Auction. For the purpose of these Auction Terms, “immediate family” means husband, wife, spouse, partner, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household.
- We shall have the right at any time to require proof of identity and/or eligibility to participate in any Auction. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to us for the purpose of such Auction must be truthful, complete, accurate, and in no way misleading. We reserve the right to disqualify any Bidder, in our sole discretion, should such a Bidder at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
An Auction will begin and end on the date and at the time specified on the Auction Site with respect to each Auction Item (each, an “Auction Period”).
A description of each Auction Item available for purchase throughout the applicable Auction Period will be made available on the Auction Site. Capital Tickets reserves the right to increase and/or decrease the number of available Auction Items at any time without prior notice.
Bidding and Buying
- In order to participate in an Auction by submitting a bid in connection with an Auction Item (each, a “Bid), you must create an Auction account on the Auction Site (an “Account”). Once you have created an Account, you will receive a user ID and a password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities which occur under your user ID and password. You agree to immediately notify Capital Tickets of any unauthorized use of your user ID or any other breach of security known to you. Please note that an Account is not required in order to browse available inventory; however, you will not be able to submit a Bid in relation to any Auction Item without first obtaining an Account.
- Minimum acceptable Bids and/or specific bidding increments with respect to an Auction Item, if applicable, shall be specified on the Auction Site. It is your sole responsibility to ensure that Bids are correctly placed.
- Once a Bid has been submitted, it cannot be cancelled or changed.
- You may submit Bids in relation to an unlimited number of Auction Items during the applicable Auction Period using the same e-mail account and credit card information.
- You may submit an unlimited number of Bids in relation to the same Auction Item during the applicable Auction Period using the same e-mail account and credit card information, but each Bid is considered to be a new Bid and will invalidate any previous Bid made in relation to that particular Auction Item. You cannot have more than one.
- valid Bid in relation to an Auction Item using the same e-mail account and/or credit card
- In the event that you submit a Bid in relation to more than one (1) Auction Item, or in relation to the same Auction Item using more than one (1) e-mail address and/or credit card, you may be required to purchase more than one (1) Auction Item.
- Upon submission of a Bid, we reserve the right, in our sole discretion, to submit to your bank a request for authorization to ensure that your credit card is valid and that there is available credit to complete the transaction.
- Bids shall be deemed to be submitted by the Authorized Account Holder of the e-mail address associated with the Bid. For the purpose of these Auction Terms, an “Authorized Account Holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Capital Tickets reserves the right to require proof from a Bidder that he/she is the Authorized Account Holder of the e-mail address associated with the Successful Bid (as defined below).
- In addition to the Purchase Price (defined below) relating to an Auction Item, you will also be charged a delivery fee corresponding to your selected delivery method and a processing fee. There are no fees associated with participating in an Auction provided that you do not successfully bid on an Auction Item.
- You understand and acknowledge that by participating in an Auction, you may acquire an Auction Item at a price that is greater than the price you would otherwise have paid had you acquired such Auction Item through the Capital Tickets’ box office, call center, outlets or online.
- For the purpose of these Auction Terms, a successful Bid (a “Successful Bid”) shall be an eligible Bid submitted by an eligible Bidder that is the highest Bid submitted during the Auction Period with respect to the Auction Item. Each Successful Bid shall be final and binding, and may not be challenged in any way.
- Each Bidder who has submitted a Successful Bid at the end of the Auction Period (each, a “Potential Successful Bidder”) shall be notified by Capital Tickets no later than fifteen (15) minutes following the end of the applicable Auction Period, and shall be required to purchase the applicable Auction Item at a price equal to the amount of the Successful Bid (the “Purchase Price”). Upon verification of the Bidder and payment authorization with respect to the Purchase Price, the Potential Successful Bidder shall be declared the successful Bidder with respect to the applicable Auction Item (the “Successful Bidder”). Once Capital Tickets is satisfied in its sole discretion as to verification and payment authorization, the Successful Bidder will receive an e-mail notification with his/her payment authorization. If the Successful Bidder’s credit card is authorized for full payment of the Purchase Price, he/she will receive the Auction Item in accordance with the Delivery Policy available at www.capitaltickets.ca.
- We reserve the right, in our sole discretion, to reject, cancel and/or disqualify any Bid, including but not limited to a Successful Bid, at any time for any reason, including without limitation problems relating to eligibility, authorization or verification of a Bidder’s personal information or credit card, or failure to comply with these Auction Terms or any other applicable terms and conditions of use, and/or policy. All decisions by Capital Tickets with respect to the determination of a Successful Bidder and a Successful Bid shall be binding and final, and may not be challenged in any way. In the event that Capital Tickets rejects, cancels and/or disqualifies a Successful Bid in relation to an Auction Item for any reason whatsoever, the Bidder who has submitted the next highest Bid with respect to such Auction Item shall be deemed to be the Successful Bidder.
- Each Auction Item must be accepted as awarded, and cannot be transferred, assigned, substituted or redeemed for cash.
Disclaimer and Limitation of Liability
- By participating in an Auction, each Bidder releases and holds harmless Capital Tickets, Capital Sports Properties Inc. (Scotiabank Place), Capital Sports & Entertainment Inc., Capital Sports Management Inc., the promoter of the applicable Auction Item, and each of their subsidiaries, affiliates and related entities, and the respective shareholders, directors, officers, employees, agents, representatives, sponsors, and advertising and promotional agencies of each of the foregoing (each, a “Released Party” and collectively, the “Released Parties”) from and against any and all liability for any personal injury (including death) or property damage of any kind or nature with respect to, arising directly or indirectly out of, or in connection with: (i) any Auction, including the implementation, organization or administration thereof; (ii) the Bidder’s participation in any Auction; and/or (iii) the Bidder’s acceptance, purchase, receipt, use or misuse of the Auction Item.
- For greater certainty and without limiting the generality of the foregoing, no Released Party, nor any other party involved in providing, maintaining or delivering the Auction Services shall be liable for any damages to, or viruses that may infect, a Bidder’s computer equipment or other property on account of access to or use of the Auction Services, the Auction Site, downloading any material or information from, or referred to by, the Auction Services, or a Bidder’s participation in any Auction.
- FOR GREATER CERTAINTY AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY AUCTION, THE AUCTION ITEM, ANY BIDDER’S ACCESS TO, USE OF OR INABILITY TO USE THE AUCTION SERVICES, OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE AUCTION SERVICES.
- NEITHER CAPITAL TICKETS NOR ANYONE ELSE ASSOCIATED WITH AN AUCTION, THE AUCTION ITEM OR THE AUCTION SERVICES SHALL BE RESPONSIBLE FOR ANY: (A) LOST, LATE, MISDIRECTED, OR UNDELIVERED BIDS; (B) TECHNICAL, NETWORK, ELECTRONIC, COMPUTER, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; (C) ERRORS RELATING TO AN AUCTION, THE AUCTION SERVICES, AND/OR THE AUCTION SITE, INCLUDING WITHOUT LIMITATION ANY TYPOGRAPHICAL OR OTHER ERRORS IN ANY WEBSITE, DOCUMENTATION OR APPLICABLE TERMS AND CONDITIONS, OR POLICIES; OR (D) DISCREPANCIES BETWEEN CLOCKS OR TIMING DEVICES USED BY CAPITAL TICKETS FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION CLOCKS OR TIMING DEVICES USED TO STOP ANY AUCTION OR DETERMINE THE TIME AT WHICH A BID IS SUBMITTED.
The Auction Services and the Auction Items are provided on an “as is” and “as available” basis, without any representation, warranty or condition of any kind, either express, implied, statutory or otherwise, including without limitation any implied warranty of quality, merchantability, fitness for a particular purpose, or non-infringement, unless specifically required by law.
These Auction Terms shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.