Terms and Conditions

1. Auction

1. These Auction Terms and Conditions apply to any use of an online or event-based auction (“Auction”) and bidding facility (“Bidding Facility”) operated through KindRaise.
2. The Auction is conducted for the benefit of the charity or organisation identified on the relevant event or Auction page (“Charity” or “Organiser”).
3. Certain auction items (“Items”) may be subject to a minimum bid or reserve price. Where applicable, this will be determined by the Organiser.
4. Bidders may bid on more than one Item unless otherwise specified.
5. Subject to any applicable reserve price and these Terms, the winning bidder will generally be the eligible bidder who has submitted the highest valid bid when bidding closes.
6. The Organiser reserves the right to determine the final winning bidder in the event of a dispute, technical issue, invalid bid or other exceptional circumstance.

2. Eligible Bidders

1. All bidders must be at least 18 years old and legally capable of entering into binding contracts under applicable law.
2. By placing a bid, you represent and warrant that you are legally entitled to participate in the Auction.
3. You agree that the Organiser and KindRaise may process personal information reasonably required for administering the Auction, processing payments, communicating with participants and operating the Platform.
4. Payment card details are processed securely by our payment processing provider, currently Stripe. KindRaise does not directly store complete credit or debit card numbers.

3. Bidding

1. Bidders may place bids for Items through the Bidding Facility.
2. All Items are offered on an “as is” basis unless otherwise expressly stated. Bidders should review the description, restrictions, redemption requirements and other information relating to an Item before bidding.
3. A bid constitutes an offer by the bidder to purchase the relevant Item at the amount of the bid.
4. By submitting a bid, the bidder acknowledges that, if the bid becomes the winning bid, the bidder may be contractually required to complete the purchase and pay the winning bid amount.
5. A winning bid must satisfy any applicable minimum bid or reserve price.
6. The winning bidder will normally be the person recorded by the Platform as having submitted the highest valid bid at the time the Auction closes, subject to confirmation by the Organiser.
7. Where permitted by the relevant Auction, bidders may provide or pre-authorise a payment method to facilitate payment if they become a winning bidder.
8. Payments may be processed using Stripe or another payment provider made available through KindRaise. Use of such payment services may also be subject to the payment provider's applicable terms and conditions.
9. KindRaise does not directly store complete payment card details. Payment information may be securely retained by the relevant payment provider in accordance with its own terms and privacy practices.
10. If payment from a winning bidder cannot be collected or is not received within the period specified by the Organiser, the Organiser may, at its discretion, cancel the winning bid and offer the Item to the next highest bidder or otherwise dispose of the Item.

4. Auction Items and Descriptions

1. Auction Items will normally be displayed together with a description, starting bid or minimum bid and, where applicable, other restrictions or redemption conditions.
2. Items are offered for fundraising purposes for the benefit of the relevant Charity or Organiser.
3. The Organiser will use reasonable efforts to provide accurate descriptions and representative images of Items.
4. Images may be illustrative only and may be subject to third-party copyright.
5. While reasonable efforts are made to ensure that descriptions and photographs are accurate, neither the Organiser nor KindRaise guarantees that every description, photograph or other representation will be complete, error-free or up to date.
6. Experiences, services and other Items supplied by third parties may be subject to availability and additional terms imposed by the relevant supplier.
7. Certain Items may have redemption deadlines, validity periods, booking restrictions, blackout dates or other conditions. It is the winning bidder's responsibility to review and comply with these conditions.
8. Failure to redeem or use an Item within its applicable validity period may result in forfeiture of the Item without refund, unless otherwise determined by the Organiser.
9. Where fulfilment of an Item becomes impossible due to circumstances outside the reasonable control of the Organiser, the Organiser will determine an appropriate resolution having regard to the circumstances and applicable law.
10. KindRaise provides the technology facilitating the Auction and does not manufacture, supply, warrant or independently verify Auction Items unless expressly stated otherwise.

5. Bidding Deadlines

1. The opening and closing times for an Auction or individual Item will be displayed on the Platform or otherwise communicated by the Organiser.
2. No bids will normally be accepted after the applicable deadline.
3. The Organiser may extend, suspend or amend an Auction where reasonably necessary, including where there is a technical problem, event delay or other circumstance affecting the fairness or operation of the Auction.
4. Following the close of the Auction, winning bidders may be notified through email, SMS, the Platform or another contact method provided during registration.

6. Payments and Fees

1. Winning bidders are responsible for paying their winning bid amounts and any other charges clearly disclosed before payment.
2. Payments made through KindRaise may be subject to payment processing fees and/or handling fees where disclosed during the transaction.
3. Any optional contribution towards payment processing or other costs will be identified separately during checkout where applicable.
4. The amount ultimately received by the Charity or Organiser may therefore differ from the total amount charged where processing fees, handling fees, taxes or other disclosed charges apply.

7. Taxes

1. Whether any amount paid through an Auction qualifies for a tax deduction depends on the applicable law and the bidder's individual circumstances.
2. KindRaise and The Small Desk do not provide tax advice.
3. Bidders should obtain independent professional advice regarding the tax treatment of payments, donations or Auction purchases.
4. The bidder is responsible for any taxes, duties or charges applicable to the bidder or the receipt of an Auction Item.

8. Liability

1. To the extent permitted by applicable law, KindRaise and The Small Desk are not responsible for the quality, safety, legality, availability, fulfilment or suitability of Items supplied by the Charity, Organiser or third-party suppliers.
2. The Organiser remains responsible for the Items offered through its Auction and for arranging fulfilment with winning bidders.
3. Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited.

9. Governing Law

These Auction Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region.

Any dispute arising from or relating to the use of the Auction, Bidding Facility or KindRaise Platform shall be subject to the jurisdiction of the courts of Hong Kong, unless otherwise required by applicable law.

10. Variation of Terms

KindRaise or the relevant Organiser may update these Terms from time to time.

Unless otherwise required by law, the version of the Auction Terms applicable when an Auction begins will generally continue to apply to that Auction until it has concluded.

11. Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to these Terms has no right to enforce any provision of these Terms.

1. Prize Draw

1. These Prize Draw Terms and Conditions apply to anyone entering a prize draw (“Prize Draw”) conducted through KindRaise.
2. The relevant Charity or Organiser identified on the Prize Draw page is the promoter of the Prize Draw unless expressly stated otherwise.
3. KindRaise, powered by The Small Desk Limited, provides the technology used to facilitate and administer the Prize Draw.
4. KindRaise and/or The Small Desk may receive fees for providing technology, payment processing support, administration or other related services. Any fee charged directly to an Entrant will be disclosed where applicable.
5. By entering a Prize Draw, you (“Entrant” or “you”) agree to these Terms and any additional conditions displayed on the relevant Prize Draw page.
6. Where specific terms displayed on a Prize Draw page conflict with these general Terms, the specific Prize Draw terms will prevail to the extent of the conflict.

2. Eligible Entrants

1. Unless otherwise stated, Entrants must be at least 18 years old.
2. By entering, you confirm that you satisfy all applicable eligibility requirements.
3. The Organiser may request reasonable evidence to verify an Entrant's eligibility.
4. Employees, officers or persons directly involved in administering the Prize Draw may be excluded from participation where specified by the Organiser or required by applicable law.
5. The Organiser may establish additional eligibility requirements for individual Prize Draws, which will be displayed on the relevant Prize Draw page.

3. Prizes

1. Prizes will be described on the relevant Prize Draw page.
2. The Organiser will use reasonable efforts to provide accurate descriptions and representative images.
3. Images may be illustrative and may be subject to third-party copyright.
4. Unless expressly stated otherwise, prizes are provided without warranties from KindRaise or The Small Desk.
5. The Organiser may substitute a prize with an alternative prize of reasonably equivalent value where circumstances outside its reasonable control make the original prize unavailable.
6. Unless otherwise stated, no cash alternative is available.
7. Prizes may not be transferred, exchanged or resold where prohibited by the relevant Prize Draw terms.
8. Prizes supplied by third parties may be subject to additional terms, restrictions, availability requirements or redemption deadlines.

4. How to Enter

1. Opening and closing dates, entry prices, eligibility requirements and entry methods will be specified on the relevant Prize Draw page.
2. Entrants may purchase one or more entries where permitted. Each valid ticket or entry purchased will constitute the number of entries stated during checkout.
3. Entrants may participate in multiple Prize Draws unless otherwise stated.
4. A valid email address, mobile number or other contact information may be required.
5. Where a free entry route is offered or required, instructions will be provided on the relevant Prize Draw page.
6. Entries received after the applicable closing time will not be included.
7. Following a successful purchase, Entrants will normally receive an electronic confirmation containing details of their entry or entries.
8. The Platform's records will normally constitute the authoritative record of valid entries, subject to correction of manifest errors or technical issues.

5. Winner Selection

1. Winners will be selected in accordance with the method specified on the relevant Prize Draw page.
2. Where a winner is selected randomly, the selection may be conducted using a computerised random selection process.
3. The Organiser may supervise or independently conduct the final draw.
4. The Organiser's determination of the winner will be final except in the case of manifest error, fraud or where otherwise required by law.

6. Personal Data

1. The Organiser and KindRaise may process personal information for purposes reasonably necessary to operate and administer the Prize Draw, including: processing entries and payments; verifying eligibility; communicating with Entrants; selecting and contacting winners; arranging prize fulfilment; preventing fraud or misuse; and complying with applicable legal requirements.
2. Marketing communications will only be sent where permitted by applicable law and based on the permissions or preferences provided by the Entrant.
3. Payment card information is processed by Stripe or another authorised payment provider. KindRaise does not directly store complete credit or debit card numbers.
4. Personal information will be handled in accordance with the applicable KindRaise privacy policy and the privacy policy of the relevant Organiser where applicable.

7. Contacting Winners

1. Winners will normally be contacted using the email address, telephone number or other contact information provided when entering.
2. Winners may be required to respond within the period specified in the winner notification.
3. Unless another period is specified, the Organiser may require a winner to respond within 72 hours.
4. If a winner cannot be contacted, does not respond within the specified period, is found to be ineligible or declines the prize, the Organiser may select an alternative winner using the same or another fair selection process.

8. Winner Announcement

1. The Organiser may publish reasonable information concerning Prize Draw winners where permitted or required by applicable law.
2. Entrants who object to publication of their information should contact the Organiser using the contact details provided for the relevant Prize Draw.
3. The Organiser may still be required to provide certain winner information to regulators or other competent authorities where required by law.

9. Eligibility Checks

The Organiser reserves the right to verify an Entrant's eligibility and may request information reasonably necessary for this purpose.

A prize may be withheld until the Organiser is reasonably satisfied that the winner meets all applicable eligibility requirements.

10. Fair Participation

1. Entries must be submitted through the authorised methods specified for the Prize Draw.
2. Entries generated using automated scripts, bots, macros, bulk-entry systems or other methods intended to manipulate the Prize Draw may be disqualified.
3. KindRaise and the Organiser reserve the right to investigate suspicious activity and invalidate entries reasonably believed to be fraudulent, automated, duplicated contrary to the applicable rules or otherwise inconsistent with fair participation.
4. Attempts to manipulate identity, payment information, IP addresses, accounts or other Platform mechanisms to gain an unfair advantage may result in disqualification.

11. Lost, Delayed or Invalid Entries

Neither the Organiser nor KindRaise accepts responsibility for entries that are not successfully received because of circumstances outside their reasonable control, including network failures, device failures, payment processing interruptions or other technical problems.

Where a technical problem materially affects a Prize Draw, the Organiser may take reasonable steps to preserve the fairness of the Prize Draw.

12. Publicity

Where permitted by applicable law, the Organiser may announce winner information through its website, social media, event communications or other reasonable channels.

Any use of photographs, testimonials or additional personal information for promotional purposes will be subject to applicable consent and privacy requirements.

13. Complaints and Disputes

1. Questions or complaints relating specifically to a Prize Draw, its prizes, eligibility requirements, winner selection or prize fulfilment should first be directed to the relevant Organiser using the contact details displayed on the Prize Draw or event page.
2. Questions relating specifically to the operation of the KindRaise Platform may be directed to KindRaise / The Small Desk Limited through the contact details published on the Platform.
3. The Organiser and KindRaise will use reasonable efforts to investigate genuine complaints and respond within a reasonable period.

14. Limitation of Liability

1. To the extent permitted by applicable law, the Organiser, KindRaise and The Small Desk will not be responsible for losses resulting from circumstances outside their reasonable control.
2. KindRaise and The Small Desk provide the technology platform and, unless expressly stated otherwise, do not supply or manufacture the prizes offered by Organisers.
3. The relevant Organiser is responsible for arranging prize fulfilment and dealing with the relevant prize supplier.
4. Neither KindRaise nor The Small Desk will be liable for the acts or omissions of an independent third-party prize supplier except to the extent that liability cannot legally be excluded.
5. Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

15. Fees and Payment Processing

1. KindRaise and The Small Desk may charge the Organiser fees for use of the Platform, payment processing support, event services or other services.
2. Where any processing fee, handling fee or other charge is payable directly by an Entrant, the applicable amount or method of calculation will be disclosed before payment.
3. Card processing fees may vary depending on the payment method, card type, currency or payment provider.
4. The net amount ultimately received by the Charity or Organiser may therefore be less than the total amount paid by an Entrant where applicable processing or service fees are deducted.
5. The Organiser is responsible for determining how funds raised through its Prize Draw are used, subject to applicable law and any commitments made to Entrants.

16. Variation, Suspension or Cancellation

1. The Terms applicable when a Prize Draw begins will generally apply until that Prize Draw concludes.
2. The Organiser may suspend, cancel, extend or amend a Prize Draw where reasonably necessary due to circumstances outside its reasonable control, technical problems, legal requirements or circumstances affecting the integrity or fairness of the Prize Draw.
3. Any material change will be communicated where reasonably practicable.

17. Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to these Terms has no right to enforce any provision of these Terms.

18. Governing Law

These Prize Draw Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region.

Any dispute arising from these Terms or participation in a Prize Draw through KindRaise shall be subject to the jurisdiction of the courts of Hong Kong, unless otherwise required by applicable law.

19. Refund Policy

1. Entries to Prize Draws are generally non-refundable once successfully purchased, except where required by applicable law or otherwise expressly stated by the Organiser.
2. Where a Prize Draw is cancelled, materially changed or affected by an error, the Organiser will determine the appropriate treatment of affected entries, including whether a refund, replacement entry or other remedy should be provided.
3. Requests concerning refunds should be directed to the relevant Organiser in the first instance.
4. Payment processing or handling fees may be non-refundable where permitted by applicable law and where this has been disclosed to the Entrant.

20. Prize Delivery and Collection

1. Where physical delivery of a prize is required, the relevant Organiser or prize supplier will use reasonable efforts to arrange delivery within the timeframe specified on the Prize Draw page or otherwise communicated to the winner.
2. Delivery times may vary depending on the prize, destination and supplier.
3. Winners may be responsible for providing accurate delivery information and, where disclosed in advance, applicable delivery, customs, duties or collection costs.
4. Certain prizes may require collection, booking, reservation or redemption rather than physical delivery.

21. Questions or Concerns

Questions concerning a particular Auction, Prize Draw, Item, prize, refund or fulfilment should be directed to the relevant Charity or Organiser using the contact information provided on the applicable event page.

Technical questions relating to the KindRaise Platform may be directed to KindRaise, powered by The Small Desk Limited, using the support contact information published on the Platform.

1. Role of KindRaise

KindRaise is a technology platform designed to support charitable fundraising, event ticketing, donations, auctions, prize draws and related activities.

Unless expressly stated otherwise, KindRaise and The Small Desk Limited are not the Charity, fundraiser or beneficiary of funds raised through an event.

The relevant Organiser is responsible for its fundraising campaign, event, Auction or Prize Draw and for ensuring that its activities comply with applicable laws and regulations.

2. Payment Services

Payments made through KindRaise may be processed by third-party payment service providers, including Stripe.

Payment processing is subject to the applicable provider's terms, policies and security procedures.

KindRaise does not directly store complete card numbers or card security codes.

3. Platform Availability

We aim to keep KindRaise available and functioning reliably but cannot guarantee uninterrupted or error-free operation.

The Platform may occasionally be unavailable because of maintenance, upgrades, telecommunications failures, third-party service interruptions or circumstances outside our reasonable control.

Where a technical issue materially affects an Auction or Prize Draw, KindRaise will work with the relevant Organiser to determine an appropriate and fair resolution.

4. Acceptable Use

Users must not:

• use KindRaise for fraudulent or unlawful purposes;
• attempt to interfere with or disrupt the Platform;
• attempt to gain unauthorised access to accounts, systems or data;
• manipulate Auctions, Prize Draws or other fundraising activities;
• use automated systems to abuse Platform functionality;
• impersonate another person; or
• provide information they know to be false or misleading.

KindRaise may suspend or restrict accounts where reasonably necessary to protect users, Organisers, the Platform or the integrity of fundraising activities.

5. Changes to These Terms

We may update these Terms periodically to reflect changes to the Platform, our services, applicable laws or operational requirements.

The latest version will be made available through KindRaise.

6. Contact

For questions concerning a specific fundraising campaign, Auction, Prize Draw, donation, ticket or prize, please contact the relevant Organiser.

For questions concerning the KindRaise technology platform, please contact:

KindRaise
Powered by The Small Desk Limited
Hong Kong SAR

Support contact details will be provided on the KindRaise website or relevant event page.