OPEN TODAY: 9:30AM - 4:30PM
You must be a registered user to participate in the Children’s Museum Online Auction.
The Children's Museum, the auction site provider (the "site provider"), supplies this online auction service (the "Service") to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By using this website and in completing the registration process, you agree to the TOS.
Bidding on items in the Service is free. All bids and listed retail values are in Canadian dollars unless otherwise noted. To participate in the Service, you must have a Username and Password. If you do not yet have a Username and Password, you will be prompted to complete the registration process. If you are the winning bidder for an auctioned item, you are responsible to pick up or arrange for delivery of the item, and you are also responsible for all shipping costs unless otherwise noted or alternate arrangements have been agreed to in writing. Outside North America, you will be responsible for customs fees, taxes and duty. The Children's Museum expressly reserves the right to, but has no duty to, remove any item up for auction, in its sole discretion. You understand and agree that the Service is provided "AS IS". You are responsible for obtaining access to the Service, and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
You must be 18 years or older. Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. The Service is not available to parties whose use of the Service has been suspended or terminated.
You will breach these TOS if you attempt to access other users' Passwords, Usernames, account information or private information.
You must complete any auction transaction within 30 days from the closing date in which you are the winning bidder unless other arrangements have been agreed to in writing. You should not place bids in multiple auctions for the same items unless you intend to buy all items on which you place a bid. In the event the winning bidder breaches the TOS, the second highest bidder will be contacted, but is under no obligation to complete the purchase of the item.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and your bidding on any and all items. You may not use or manipulate this Service for any fraudulent activity or purpose.
You will create a Username and Password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the Username and Password, and are fully responsible for all activities that occur under your Username and Password. You agree to immediately notify the Children's Museum of any unauthorized use of your Username or Password, or any other breach of security. The Children's Museum cannot and will not be liable for any loss or damage arising from your failure to comply with this section 9.
You agree to indemnify and hold the Children's Museum and all of their officers, directors, employees, agents, co-branders or other partners harmless from any claim, loss, cost, damages, liability, or expense, including reasonable attorneys' fees, arising out of or relating to anything you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, your violation of any law, or your violation of any rights of a third party. The Children's Museum will have the right to participate in its defence and hire counsel of its choice, at your expense. You will not settle any action or claims on the Children's Museum's behalf without the prior written consent of the Children's Museum.
Any goods or services auctioned on this site have been donated to the Children's Museum for the purpose of funding its charitable, community, educational, cultural, health or similar objectives. The businesses and organizations included in the Online Auction are third-parties and are not affiliated with the Children’s Museum. The Children’s Museum is not responsible for any promotions, programs, products, or services offered by third-parties, nor does the inclusion of any third-parties in this list imply the Children’s Museum’s endorsement of their promotions, programs, products, or services.
The Children's Museum reserves the right at any time, and from time to time, to modify, suspend, terminate or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Children's Museum shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the Service.
You agree that the Children's Museum, in its sole discretion, may terminate your Username, Password or use of the Service, for any reason, including without limitation, if the Children's Museum believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Children's Museum may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the TOS may be effected without prior notice, and acknowledge and agree that the Children's Museum may immediately deactivate or delete your Username, Password and all related information and/or bar any further access to the Service. Further, you agree that the Children's Museum shall not be liable to you or any third party for any termination of your access to the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and confidential information that is owned by the site provider and is protected by applicable intellectual property and other laws. Except as expressly authorized by the site provider, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You expressly understand and agree that:
(i) Any goods or services auctioned on this site have been donated to the Children's Museum for the purpose of funding its charitable, community, educational, cultural, health or similar objectives. The goods or services auctioned on this Service are provided on an "as is" and "as available" basis. The Children's Museum expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your only recourse against the Children's Museum for failure to supply the good or service offered is a refund in full of any funds actually paid.
(ii) Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Children's Museum expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(iii) The Children's Museum makes no warranty that (i) the goods or services will meet your requirements; (ii) the goods or services will be uninterrupted, timely, secure, or error-free; (iii) the goods or services will be accurate or reliable; (iv) the quality of any goods or products, services, information or other material purchased by you through the Service will meet your expectations; and (v) any faults, flaws or errors in the goods or services will be corrected.
(iv) Any material obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage that results from obtaining such material.
(v) No advice or information, whether oral or written, obtained by you from the Children's Museum or through or from the Service shall create any warranty not expressly stated in the TOS.
You expressly understand and agree that the Children's Museum shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Children's Museum has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, information or services purchased or obtained through or from the Service; and (iii) any other matter relating to the Service.
The TOS constitutes the entire agreement between you and the Children's Museum, and governs your use of the Service, superseding any prior agreements between you and the Children's Museum. The TOS and the relationship between you and the Children's Museum shall be governed by the laws of Canada and the Province of Manitoba, as applicable, without regard to its conflict of laws provisions. You and the Children's Museum and the site provider agree to submit to the personal and exclusive jurisdiction of the courts located with the City of Winnipeg, Manitoba. The failure of the Children's Museum to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.