User Agreement for using and bidding on the Bid the Dream Website and performance of Experience

This User Agreement describes the rules applicable to your use of the website at http://www.bidthedream.com/ (the "Website") provided by ICAP Management Services Limited ("ICAP", "we" "us" or "our") with registered office at 2 Broadgate, London, EC2M 7UR. It also provides the auction rules and rules applicable to your performance of the Experience (as defined below) which is provided by Laureus (as defined below). If you do not agree to be bound by all the terms and conditions of this User Agreement, you may not use or access our services on the Website and nor may you bid for any Experience.

For the purposes of this User Agreement:

"affiliates" - means in respect of ICAP, ICAP and all its subsidiaries, and in respect of Laureus, to include Laureus, all its subsidiaries and in addition, its partners Mercedes Benz and IWC;

"Laureus" - means LAUREUS WORLD SPORTS AWARDS LIMITED a company registered in England and Wales with registered office at 15 Hill Street, London W1J 5QT;

"Experience" - means any auction item and/or activities/events stated in the auction item offered for sale, or purchased on the Website by you;

"Laureus Representative" - a member of staff at Laureus

"you", "your" - means where applicable, either you the user of the Website, or bidder on the Website and/or your accompanied guests on the Experience and/or any person who takes your place on the Experience;

We or Laureus may amend this User Agreement at any time by posting the amended User Agreement on the Website and such terms and conditions will take immediate effect from such time that it is so posted on the Website and your continued use of the Website shall constitute your acceptance of such terms and conditions.

  1. Membership Eligibility

    Our services on the Website and the Experiences are only available to a number of "Users" who include:

    1. valued customers of ICAP and its affiliates; or
    2. valued customers of Laureus and its affiliates
      (an "ICAP/Laureus Friend");
    3. referrals by any ICAP/Laureus Friend (a "Referred User"); and
    4. any other user who have registered to bid on the Website

    ICAP/Laureus Friends will be automatically registered in our database to enable you to bid straight away on the Website; and any other users will need to enter a few details in a short registration process before making use of our Website for the first time, in accordance with our Auction Rules.

    If you do not register, you will not have the right to use our services on the Website nor take part in an Experience without our express agreement and the express agreement of Laureus.

  2. User ID.

    For ICAP/Laureus Friends, you will be automatically assigned a User ID and you can set your own password for immediate use on the Website. For other Users, such User ID and setting your own password will be assigned following completion of registration with us. You are responsible for all actions taken under that User ID and password and shall only use the Website using your own User ID and password. Without limiting our other remedies, we may limit your activity on the Website, immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you:

    1. if you breach this User Agreement or the documents incorporated by reference; or
    2. if we believe that your actions may cause us, our affiliates and/or Laureus and its affiliates any damage, financial loss or legal liability.

  3. ICAP' responsibilities on the Website

    Please note that ICAP is responsible solely for providing the Website as a venue which allows registered Users to bid for items provided by Laureus, in accordance with their terms and conditions contained in this User Agreement. We and our affiliates therefore do not take any responsibility for nor are liable for any damages related to the following:

    1. any Experience advertised or listed on the Website;
    2. we never possess the auction items nor are we responsible for providing any Experience offered through the Website by Laureus and we are not involved in any transactions between you and Laureus, including any payment that you may make to Laureus as a successful bidder; as a result, we have no control over the quality, safety or legality of the items and/or Experience listed, the truth or accuracy of such listings, the ability of Laureus to sell or auction the items and/or Experience, or how payment is made or taken by Laureus;
    3. as Laureus exclusively provides the Experience to be auctioned on the Website and we have no control over such Experience in the terms of sub paragraph (b) above, we cannot guarantee the availability of any such Experience at any time and you should be aware that the Experience may be changed, removed, or replaced by Laureus at any time without liability to it, although we shall endeavour to give you as much notice as we get from Laureus before such change is made.

    In the event that you have any right, claim or action against any other User arising from use of the Website or against any other User and/or Laureus arising from the Experience offered on the Website, you agree to pursue such right, claim or action independently of and without recourse to us, and you hereby release ICAP (and our subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

  4. Bidding and Buying.

    By bidding on an Experience you agree to be bound by this User Agreement including the Auction Rules and Laureus' Terms and Conditions as follows Bids are not retractable after you have confirmed and submitted your bid online. You will, however, be given opportunities to withdraw your bid before reaching this stage.

  5. Your Information.

    1. "Your Information" is personal information collected by us or Laureus about you whether it is from our or Laureus' existing database, or if it is provided to us by you through the registration form and may include (without limitation) your name, the company that you work for, your job title, e-mail address and telephone number at which you can be contacted.
    2. We and/or Laureus may in respect of Your Information:
      1. use it to contact you in relation to your access to and/or use of the Website and/or to the purchase by you of an Experience;
      2. provide it to Laureus only in the circumstances where you are the successful bidder of any Experience on the Website;
      3. use it for all purposes of generally administering the Website and in connection with the Website;
      4. use it to monitor compliance with the terms of this User Agreement;
      5. use it where we are required for legal reasons.
    3. For the purposes set out in sub paragraph (b) above, we and Laureus may also provide Your Information to any of our and Laureus' affiliates, employees, officers, directors and agents. Please note that such affiliates, employees, officers, directors and agents may be established or located in countries outside the European Economic Area which may not have comprehensive data protection laws.
    4. Your Information will be held on our and Laureus' computers in the UK and we and Laureus will hold and transmit Your Information in a safe, confidential and secure environment in compliance with the Data Protection Act 1998. If you object to Your Information being transferred or used in the way outlined in this paragraph 5, please do not register. Otherwise by your continued use of the Website, you represent that you fully consent to the use of Your Information in this way.

    6.  

    Bid the Dream - Auction Rules

  6. Registering to bid

    Bidthedream.com is an exclusive auction Website designed by ICAP, Laureus and their respective affiliates.

    To be eligible to bid for any Experience on the Website, you must be either an ICAP or Laureus Friend, or have registered to use the Website by completing our short registration process after which we will contact you. This registration process enables us to keep track of the auction and who bids on which items, and to update bidders on the status of their auction item.

  7. Bidding

    The Bid the Dream Website features a wealth of exceptional and unique sporting experiences to raise money for community sports projects around the world and You will be able to read about all such worthwhile projects as they are posted and updated on the Website. From time to time there will be live auctions of any Experience and You will then be able to bid for such Experience.

    To bid for an item when the auction is active, choose the Experience from the front page of the Website.

    There will be a Starting Price which will be set accordingly each time by us and/or Laureus for any individual Experience at which the bidding starts. Your first bid will have to be above this Starting Price.

    Click on the name of the Experience you would like more information about. If you then wish to place a bid, enter your bid in the box below the item, then just click on the Place Bid button.

    Please note that the minimum bid increments will be set for each experience.

  8. Maximum Auto-Bid

    You can also enter a Maximum Auto-Bid to set the highest amount you are willing to pay for the Experience. Should someone outbid you, our system will automatically increase your bid by increments (dependant on each experience) until you are the highest bidder, or you reach your Maximum Auto-Bid limit.

    The system will also send you e-mail notification with a link back to the Website updating you on the progress of the auction of the Experience in question.

  9. Raising your bid

    You really want the Experience but have been outbid?

    To raise your bid when the auction is active, simply return to the Experience item on the Bid the Dream Website, go down to the Place Bid input box below the item's description and enter your new, higher bid.

  10. Auction end

    All bidders including the auction winner will be notified when each auction has ended by an automatic email message from bidthedream.com and the winning bidder will be contacted directly by a Laureus Representative by email, phone or post within 24 hours from the online confirmation of your bid.

    The Website offers a mechanism designed to protect bidders from a flurry of last minute bids, known as 'sniping'. If two or more users bid on an auction within the last 30 minutes of an auction, the auction will automatically extend for a further 24 hours and email notification will be sent to all the bidders of such extension. The auction shall close after any 24 hour extension has elapsed regardless of whether any more bids are received after that time.

  11. E-mail auction alerts

    Our system will automatically send e-mail notification to bidders at each stage of the auction to inform them of the highest bidder and when each auction ends and/or when it has been extended due to last minute sniping.

  12. Proceeds from Bid the Dream

    Proceeds from the auctions on our Website will be distributed by Laureus to support a range of community projects around the world run by Laureus Sport for Good Foundation, a registered charity. Laureus will be providing details of these on the Website.

  13. Payment for auction items

    You have won an Experience on the Website? Firstly, congratulations! A Laureus Representative will contact you directly by email, phone or post within 24 hours to confirm your bid and to arrange for payment, which should be made to them within seven days of the auction ending. Payment is to be made by direct bank transfer in Euros. Laureus will liaise with you directly to find a suitable date for your Experience. In normal circumstances, this will be within 12 months of your winning bid.

    Please see Laureus' Terms and Conditions below for more details.

    14. Laureus' Terms & Conditions

    These terms and conditions are a part of the User Agreement.

  14. Performance by you of the Experience

    As a successful bidder, you agree to carry out the activities/events stated in the Experience and you understand that you are also accepting these terms and conditions on behalf of your accompanied guests and you confirm that you have brought these terms and conditions to their attention and that they have accepted them in full. You also understand and agree that you may be required to enter into separate terms and conditions with a third party relating to a specific Experience.

    If for any reason you are unable to perform the Experience exactly as agreed by your unique bid, you will be expected to inform a Laureus Representative as soon as possible. You understand that as a successful bidder, the Experience is for your personal use or use as a personal gift only. Resale of the Experience, whether or not for profit, is strictly forbidden. The Experience is non-exchangeable and there is no cash alternative.

  15. Expenses

    You will be expected to cover all costs, including but not limited to travel, such as flights, transfers, visas, meals, accommodation, taxes, insurance, spending money and any other expenses, where not stated for the duration of your Experience.

  16. Photographing and Recording the Experience

    You agree to be photographed, recorded and/or videoed before, during and after the Experience and you grant Laureus and ICAP the exclusive, world wide right to use and sub-license, any footage, photographs, images and recordings of you, your name(s) and likeness in all media, by any manner, including the internet, in connection with the promotion, auction and performance of the Experience and in any subsequent promotional activities and work undertaken by ICAP and/or Laureus relating to the Experience.

    You agree that any non-personal use of pictures of an Academy Member by you will only be used with prior written approval from Laureus.

  17. Insurance

    We strongly advise that you obtain full travel and personal insurance, including personal accident cover, for the total duration of your trip and the Experience.

  18. Fitness and suitability for Experience

    You confirm that you are not suffering from, nor have suffered from any diagnosed psychological or psychiatric disorder or anxiety. You also confirm that you are fit enough to take part in the Experience and that you are not suffering from any medical condition which could put you, an Academy Member or Laureus Representatives at risk of harm.

  19. Termination of Experience

    You agree that Laureus has the right to terminate the agreed Experience if:

    1. you are disrespectful to the Academy Member or the Laureus Representative by acting disorderly, abusive or threatening in any way; or
    2. you fail to observe Laureus' instructions with respect to safety or security; or
    3. your physical or mental state, including impairment from alcohol or drugs, presents a hazard or risk to you, your guests, the Academy Member and/or the Laureus Representative; or
    4. such action is necessary in order to comply with any applicable government laws, regulations or orders; or
    5. you have failed to submit to a security or medical check where required;
    6. you have failed to provide adequate insurance;
    7. you have failed to communicate/liaise with a Laureus Representative to arrange your Experience.

  20. Non-performance or delay of Experience

    If for any reason the Academy Member/person(s) is unable to perform the Experience and/or provide the memorabilia item exactly as described on the Website, Laureus will inform you as soon as possible and undertakes to provide and take part in a suitable like for like alternative at a mutually agreed date. Subject to paragraph 22, in such case, Laureus will reimburse all reasonable expenses incurred in connection with the Experience with original proof of costs incurred from point of confirming cancellation. For the avoidance of doubt Laureus has no further liability to you in this regard.

  21. No Warranty.

    You agree that ICAP and Laureus (and our respective parents, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted, error-free or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. The Website and services are provided "as is" and as and when available, and to the extent permissible by law ICAP and Laureus exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care, timeliness of performance or fitness for a particular purpose.

  22. Limitation of Liability.

    You agree that the performance of the Experience by you will be entirely at your own risk.

    Nothing in this User Agreement shall limit or exclude ICAP' or Laureus' liability for fraudulent misrepresentation, or for death or personal injury resulting from ICAP' or Laureus' negligence or the negligence of their respective agents or employees. Subject to the foregoing, ICAP and Laureus (including their respective parents, subsidiaries, affiliates, officers, directors, agents and employees), and to the extent permissible by law, will not be liable in any circumstances to you for any incidental, exemplary, special damages, loss of profits, loss of business information or data, direct indirect or consequential losses of any nature, howsoever caused or arising in connection with this User Agreement, or from your access of this Website or from an inability by you to access the Website because of, amongst other things, failure of reception of telephone or mobile networks, viruses, server failure or any other technical difficulties experienced by ICAP, Laureus or internet service providers, you or the internet, or in connection with the promotion, auction or performance of the Experience.

    In no event shall Laureus' total liability to you for any and all losses, damages and/or causes, whether in contract, tort or otherwise, exceed the aggregate amount paid under Laureus' insurance policy.

    In no event shall ICAP's total liability to you for any and all losses, damages and/or causes, whether in contract, tort or otherwise, exceed the amount paid by you, if any, for accessing the Website.

  23. Indemnity

    You agree to indemnify and hold ICAP and Laureus and (as applicable) their respective parents, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference). This clause shall survive termination of this User Agreement.

  24. Intellectual Property of the Website

    All intellectual property rights in the appearance and design of the Website and the materials and contents displayed on the Website shall belong to ICAP and/or Laureus as the case may be.

    The Website is for personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, make available to the public, publish, license, create derivative works from, transfer or sell any information obtained from the Website. Where permitted by law, you may only download to your personal computer for viewing purposes and print out a number of pages of this Website for your personal use.

  25. Governing Law and Legal Compliance.

    This User Agreement shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.

  26. Third Party Rights.

    A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

  27. Contact us

    If you would like any further assistance or information about the Bid the Dream, please contact the Bid the Dream team at info@bidthedream.com


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