Terms and conditions

Important notices

These Terms and Conditions are subject to change at any time, according to Raffaly. users will be informed via the email address linked to their account if changes qualify as material changes. We reserve the right to decide what constitutes a major change at our sole discretion, in good faith, and based on common sense.

A wise participeant will:

Consult the terms and conditions;
Verify the accuracy of any documents related to the competition and the prize that are currently available;
When necessary, follow advice from professionals..

The Terms & Conditions are based on the premise that each host, entrant, and winner has acted responsibly. You opt to compete at your own risk if you decide not to take the usual safety precautions.

It is assumed that you accept these Terms and Conditions if you enter a competition or otherwise take part in one. They control how Raffaly interacts with the host, entrant, and winner.

Raffaly does not run any competitions in any jurisdiction where doing so would be against the law or would result in unmet requirements for registration, qualification, publicity, or approval.

It is your duty to confirm that you are not a resident of a country or territory where it is illegal for you to enter, take part in, or host such competition.

Competition conduct conditions

The Promoter

1.1.

The company "Raffaly" (formed in England and Wales with company registration number 9930826), with its registered office at 12 Alberta Close, Blackburn, United Kingdom, is the promoter of all competitions. The Gambling Act of 2005 in the United Kingdom does not apply to prize competitions run by Raffaly.

1.2.

The Gambling Act of 2005 exempts prize competitions run by Raffaly from regulation in the UK.

1.3.

Although the term "raffle" is frequently used on our platform, this is only for marketing and search engine optimisation purposes, and because each participant must submit an answer to the competition entry question, all competitions hosted on our platform are deemed "Prize Competitions" rather than "Raffles" under the law.

1.4.

Visit www.gamblingcommission.gov.uk for further details on the rules and laws governing raffles and prize competitions.

Hosting a competition

2.1.

The host will host each competition on our platform.

2.2.

To host a competition:

(a) The hosts must not have a physical address in or be a resident of a country where it is forbidden to host competitions; and
(b) the host must be over the age of 18

2.3.

A competition can only be hosted by those whose email address and phone number have been verified.

2.4.

A host is believed to have consented to be bound by the Terms and Conditions by accepting to host a competition with Raffaly.

2.5.

The following details on the particulars must be provided by or chosen by hosts, including:

(a) the competition title;
(b) the competition summary;
(c) Prize description and delivery/collection options (except in respect of a Property);
(d) at least 1 image;
(e) promotional image and/or video (optional);
(f) the price per ticket;
(g) the total number of tickets available for sale;
(h) a proposed end-date and time;
(i) a charitable donation;
(j) the competition entry question.

2.6.

Any competition may be cancelled by Raffaly at any moment and without cause.

2.7.

It is not allowed to substitute giving the prize for a cash payment, bank transfer, gift card, or a portion of the ticket sales.

Service charges, affiliate Commissions and featured Fees

3.1.

As stated on our platform's fees page, the host is responsible for paying the service charges as well as any relevant featured fees.

3.2.

According to the affiliate marketing Terms & Conditions page on our platform, the host is responsible for paying the affiliate commission (if applicable).

3.3.

The host is not entitled to a refund of any featured fees paid to Raffaly.

3.4.

The service fees and the affiliate commission, if any, will be deducted from the proceeds.

Charities

4.1.

Details regarding any agreement by a host to donate all or a portion of the proceeds from a competition to a charitable organisation or cause will be included in the Particulars, together with the percentage of proceeds going to the supporting organisation or charity.

4.2.

Raffaly will make arrangements for the required cash to be transferred directly to that charity in cases where a host has decided to donate some or all of the host's Proceeds from a competition to a supportive charity or cause.

4.3.

Any donations to charities will be subtracted from the host's proceeds.

How to enter a Competition

5.1.

The duration of each competition is from the starting date to the ending date, inclusive.

5.2.

Each entrant must choose one of the following in order to enter a competition:

(a) If they choose the paid entry option, they must:
- (i) Provide their response to the appropriate competition entry question for that competition (each competition has a unique competition entry question that will be an assessment of your skill or knowledge).
- (ii) Purchase the desired amount of tickets using Raffaly credit, a credit/debit card, Apple or Google pay or
(b) In compliance with articles 5.6 and 5.7, submit a postal entry.

5.3.

Tickets are given out regardless of the answer the entrant chose, therefore entering a competition is not contingent on getting the entrance question right. However, only tickets that contain the right response to the competition entry question, or postal entries, will be entered into the relevant competition's final draw in accordance with the guidelines established by the Gambling Commission in respect to the Gambling Act 2005.

5.4.

Each entrant (including the winner) agrees to be bound by these Terms & Conditions by purchasing a ticket and/or entering a competition, including through a postal entry.

5.5.

Please go to our platform's FAQs for assistance with entries.

5.6.

The following prerequisites must be met in order to submit a postal application to enter a competition (a postal entry):

(a) To submit a postal entry to a competition, participants must be registered users with confirmed phone number and email address.
(b) There is no cost to submit a postal entry, and they are not for sale.
(c) users must fill out a postcard and mail it with their User ID, Raffaly ID, and the entry question answer (A, B, or C) to the following address: Postal Entries, 12 Alberta Close, Blackburn, BB2 7DU, United Kingdom.
(d) One entry per postcard is the maximum number of postal entries. The postal entry will be automatically invalidated and destroyed if any further submissions are made.
(e) Postal entries must arrive at least 72 hours prior to the competition's end date.
(f) Postal entries submitted after the advertised competition end time but within 72 hours of it will not be considered for the drawing.

5.7.

In addition to the above conditions:

(a) It is the user's responsibility to make sure that the necessary information is legibly written on the Postal Entry and sent to Raffaly at the address specified in paragraph 5.6(d);
(b) Raffaly retains the right to disqualify Postal Entries that do not satisfy the requirements of sections 5.6 and 5.7 of these Terms and Conditions; and
(c) Any postal delays, missing or damaged submissions, and/or any circumstance that might qualify as Force Majeure are not covered by Raffaly's liability policy.

Eligibility

6.1.

To enter a competition:

(a) At the time of entering a competition, an entrant must not be physically present in a country or territory where doing so is prohibited; and
(b) A minimum age of 18 is required for the entrant.

6.2.

The following individuals cannot participate in a competition:

(a) employees, shareholders, or holding, subsidiary, or parent companies of Raffaly;
(b) personnel of Raffaly's parent companies, subsidiaries, or agents who have a professional connection to the competition or its administration; or
(c) family members or household members of (a) and (b) above.

6.3.

A host's direct family or household members are not permitted to participate in any of their competitions.

6.4.

An entrant is assumed to have confirmed their eligibility to participate in the competition and to win the prize by submitting their entry. An entrant's eligibility to participate in the competition may be verified by Raffaly upon request.

6.5.

Raffaly will not accept entries for a competition that are:

(a) automated computer-generated;
(b) completed in bulk or by third parties; and, or,
(c) have been forged, altered, rebuilt, or otherwise tampered with.

6.6.

Joint submissions and entries made on behalf of another person are prohibited.

6.7.

If a host, entrant, or winner behaves in a way that is inconsistent with the spirit or goals of the Prize competition, Raffaly maintains the right to disqualify them.

The Prize

7.1.

The particulars for each competition include the prize information.

7.2.

In line with paragraph 9 (below), the host consents to transferring the prize to the winner.

7.3.

No exchanges or transfers are permitted for the prize.

7.4.

The winner must adhere to the process outlined in the Terms and Conditions in order to claim the prize.

Winners

8.1.

The draw for each competition will accept any ticket that provides the correct answer to the relevant competition entry question.

8.2.

The winner of a competition will be chosen at random by Raffaly's computer system on the competition closing date. Raffaly's judgement is final, and no more dialogue or discussion will be allowed.

8.3.

Raffaly will make information that shows a legitimate award occurred public or accessible. Raffaly will publish the prize winner's name (as stated in their profile) and the draw date in order to fulfil this requirement (according with the Privacy Policy outlined on our platform's Privacy Policy page).

8.4.

Raffaly will use the email address linked with the user to send an email to all competition entrants on the draw day (which will be as soon as practically possible following the draw date). Each entrant will receive an additional notification that indicate whether they where winner or not.

8.5.

The 'My tickets > Winning' section of the our platform is where winning tickets can be found.

8.6.

The winners's contact information (including their name, email address, phone number, and Facebook ID - if applicable) will be submitted to the host in compliance with our privacy policy in an automated email sent to the host on the draw date.

Claiming the prize

9.1.

The winner will have received an additional notification informing that they were a winner, as stated in paragraph 8.4.

9.2.

The host is obliged to communicate with the winner in order to arrange delivery or collection of the Prize.

9.3.

To arrange delivery or collection of the Prize, the host must get in touch with the winner.

9.4.

The winner must click the 'Claim prize' button on the winning ticket, which is reachable from the 'My tickets > Winning' part of our platform, in order to get the host's contact information and instructions on how to continue. Only throughout the period of 30 days following the draw date is this possible.

9.5.

A third party cannot accept the Prize in the winner's place.

9.6.

Raffaly disclaims all liability in the event that the winner is unable to accept the Prize.

10.

Delivery/Collection

10.1.

Unless otherwise specified in the Particulars, delivery of the Prize is not included, thus the host and the winner will have to handle it on their own.

10.2.

If prize collections is available, the host and winner must speak directly to set up a time and date that works for both sides.

10.3.

The host is required to take all reasonably required measures to guarantee the Prize is exchanged safely and is expected to get all appropriate shipment/collection or delivery receipts in case proof is required in the event of a dispute.

10.4.

If the exchange of the Prize requires a face-to-face meeting between the host and the winner. The winner must accept the prize on our platform at the time of the exchange, and this is the obligation of both the host and the winner.

11.

Acceptance and Disputes

11.1.

Every participant understands that Raffaly's decision regarding the conduct of any competition is final.

11.2.

After the draw date, the winner has 30 days to accept or dispute the prize on our platform.

11.3.

By accepting the prize on our platform, the winner attests that it is exactly as described in the competition particulars and that the winner has already claimed ownership of it.

11.4.

By accepting the prize on our platform, the winner waives any right to challenge the award or seek reimbursement under the Raffaly Guarantee and agrees to the release of the host's proceeds to the host and/or their designated charity or cause.

11.5.

The winner forfeits all rights under these Terms and Conditions upon accepting the Prize on our platform.

11.6.

By disputing the award on our platform, the winner attests that the prize is not what was described in the competition particulars or that they have not claimed possession of it.

11.7.

A member of our disputes team will look into the competition if the winner disputes the prize and make a decision.

11.8.

Raffaly retains the right, in situations when it is necessary to look into a dispute, to look into all the circumstances surrounding the issue and to decide, in its sole discretion, who is at fault:

(a) If the host prevails in the dispute, the Proceeds will be released to the host and/or any charity or cause that they support, at which point the winner forfeits all rights under these Terms and Conditions.
(b) If the winner is declared the winner of the dispute, Raffaly is under no obligation to give the host's Proceeds to the host and/or their chosen charity or cause. The host now forfeits all of its rights under these Terms and Conditions.
(c) According to the Raffaly Guarantee, the winner will be compensated with 90% of the total proceeds if the dispute is decided in their favour.
(d) Subject to clause 11.5, if a competition offers numerous prizes and one of the prizes is in dispute, the award will be split evenly among the other prizes. If a winner disputes their prize, they will still be entitled to 90% of the total proceeds.

11.9.

The host's proceeds will automatically be released to the host and/or their supporting charity or cause if the winner doesn't accept or dispute the Prize on our platform within 30 days of the draw date. At that point, the winner forfeits all rights under these Terms and Conditions.

11.10.

There will be no contact or discussion after Raffaly's ruling, which is final and legally binding on all parties.

12.

Property Competitions

12.1.

The Real Estate Conditions will apply and, to the extent they are incompatible, will take precedence over the Competition Conduct Conditions if the Prize is a property (or contains a property).

13.

Limitation of liability

13.1.

To the fullest extent allowed by law, Raffaly, its agents, and distributors have no duty of care to the winner, the host, or any other participant, and they are not in any way responsible or liable to pay the winner, the host, or any other participant for any loss, damage, personal injury, or death that results from accepting the prize, unless the incident is brought on by the negligence of Raffaly, its agents, or distributors, or that of their employees. Your legal rights are not compromised.

14.

Ownership of competition entries and intellectual property rights

14.1.

No ownership claims are made by Raffaly in your competition.

14.2.

The host consents that Raffaly may, but is not obligated to, make their competition accessible on their platform and through any other medium, whether now existing or yet to be created, as well as in connection with any competition publicity.

14.3.

The host consents to grant Raffaly a non-exclusive, worldwide, irrevocable licence to use, display, publish, transmit, copy, edit, alter, store, re-format, and sub-license the competition entry and any supporting materials for such purposes for the duration of any intellectual property rights in the competition.

14.4.

For whatever reason, including but not limited to the fact that the username or web address breaches a third party's intellectual property rights, could lead to confusion, or has become inactive, Raffaly reserves the right to force forfeiture of the username or web address.

14.5.

For whatever reason, including but not limited to, the content has been reported, may be considered offensive (as reasonably decided by Raffaly), or violates the legal rights of a third party, Raffaly has the right to remove any content hosted on our platform.

14.6.

Any participant, including the host, entrant, and winner, accepts full responsibility for ensuring that their chosen username and any content hosted on our platform does not violate a third party's rights, including but not limited to the infringement of intellectual property rights like trademarks, by using the service offered by Raffaly.

14.7.

You guarantee and indicate that by using Raffaly's services, including our platform:

(a) when you use Raffaly's services, you are not physically located in or a resident of a country where it is illegal to organise and/or take part in such events; and
(b) any content you share as a participant of any type using our platform does not breach any third party's privacy, copyright, contract, intellectual property, or other rights;
(c) you are not in breach of a contract with a third party if you share any content on our platform as any type of participant; and
(d) in addition to having the legal right to provide the prize to the competition winner, you as the host also have the authority to grant any necessary licences as described in clause 14.3.

14.8.

You agree that Raffaly will do the technical tasks required to provide our services, such as transcoding, formatting, and reformatting content in order to make it usable on our platform.

15.

Profile

15.1.

User profiles are their own responsibility.

15.2.

Every user represents that their profile does not violate any laws, rules, or the rights of any third party, including but not limited to the infringement of intellectual property rights like trademarks.

15.3.

In respect to any infringement, each user promises to defend Raffaly and hold it harmless.

15.4.

Each user has the option to edit their profile's contact information. Once a competition submission has been entered, Raffaly won't change any contact details.

15.5.

15.6.

Any user of the Raffaly service, including the host, entrant, and winner, accepts full responsibility for ensuring that their chosen username and any content hosted on our platform do not violate the rights of any third party, including but not limited to the infringement of intellectual property rights like trademarks.

15.7.

You guarantee and indicate that by using Raffaly's services, including our platform:

(a) when you use Raffaly's services, you are not physically located in or a resident of a country where it is illegal to organise and/or take part in such events; and
(b) any content you share as a participant of any type using our platform does not breach any third party's privacy, copyright, contract, intellectual property, or other rights;
(c) you are not in breach of a contract with a third party if you share any content on our platform as any type of participant; and
(d) the products chosen for and/or awarded as competition prizes are legally yours as the host, and you have the right to offer the reward to the competition winner. You also have the authority to grant any licences that are necessary, as described in paragraph 15.3.

15.8.

You agree that Raffaly will do the technical tasks required to provide our services, such as transcoding, formatting, and reformatting content in order to make it usable on our platform.

16.

Data protection and publicity

16.1.

Raffaly will only use your personal information in the ways that are described on our platform's Privacy Policy page. Regarding the declaration of the winners, see also Section 8 of these terms and conditions.

17.

Unacceptable Behaviour

17.1.

Regarding any competition, all participants: hosts, entrants, and winners, must abstain from improper conduct.

17.2.

Among the unacceptable behaviours are, but are not limited to:

(a) behaviour that is likely to interfere with other participants' enjoyment (hosts, entrants, and winners);
(b) the use of obscene, vulgar, or otherwise offensive language or conduct towards hosts, competitionants, winners, or Raffaly personnel;
(c) acting in a manner that could cause or is likely to cause harm to Raffaly, other participants, including hosts, entrants, winners, or their property;

17.3.

Any rights that a participant (whether they are a host, entrant, or winner) may have accrued in accordance with the Terms and Conditions and/or any competition in which they are participating (whether as a host, entrant, or winner) may be forfeited by Raffaly (at its sole discretion) if they engage in unacceptable behaviour.

17.4.

Raffaly has the right to without warning remove any user or content from our platform.

17.5.

No contact or discussion will be had regarding Raffaly's judgement regarding unacceptable behaviour, which is binding on all parties.

18.

Prohibited Items

18.1.

It is prohibited to offer as prizes any of the things listed on our platform's Prohibited items page.

19.

Raffaly Guarantee

19.1.

The winners shall receive a portion of the compensation equal to 90% of the total proceeds of the applicable competition if the host is unable to provide a Prize.

19.2.

Raffaly Limited directly guarantees and pays any compensation amounts.

19.3.

When there are several winners and multiple prizes stated for a competition and the host is unable to supply the prize or prizes, the winners will split the prize money equally, which will total 90% of all ticket sales.

20.

General

20.1.

20.2.

If it is required, Raffaly reserves the right to declare any competition invalid, postpone it, cancel it, or make changes to it.

21.

Service Level and Interruption

21.1.

You acknowledge that occasionally our platform may experience interruptions for planned upkeep or upgrades, urgent repairs, or due to the failure of telecommunications services and equipment without of Raffaly's control.

21.2.

Raffaly will make a good faith effort to keep our platform accessible and usable by you in accordance with these Terms and Conditions. However, You understand that Raffaly does not promise that our platform will always be accessible, error-free, or uninterrupted.

22.

Force Majeure

22.1.

Any host, partner, or Raffaly will not be in violation of these Terms and Conditions or liable for any delay in or failure to carry out any of its responsibilities hereunder if such delay or failure is brought on by a Force Majeure Event.

22.2.

Competition hosts and partners shall be entitled to a reasonable extension of time for fulfilling any related duties upon the occurrence of a Force Majeure Event, as decided by Raffaly in their sole reasonable opinion. If the delay or nonperformance lasts for four weeks, Raffaly may:

(a) on two days' written notice to the host of such a competition, end the tournament; or
(b) Raffaly will distribute the proceeds from the competition to the lawful winning entrant in the event that a competition has ended and the host and/or partner have not yet sent the prize specified in the competition Particulars to the winning entrant.

23.

Publicity and Advertising

23.1.

The hosts and/or winners must provide all services reasonably requested by Raffaly in connection with publicity regarding the Competition and Raffaly as, when, and where reasonably requested by Raffaly (during the Competition and After the Competition is Completed), including without limitation participating in interviews and promotional recordings for social media, press outlets, and television programmes, making publicity-related posts on the host's and/or the winner's (as applicable)) websites, and any other tasks reasonably requested by

23.2.

For a period of five (5) years following the competition's end date, each host and winner consents to Raffaly's use of their names, images, or likeness for any advertising, publicity, or other business purposes. The use of the host's and/or winner's name, picture, or likeness shall not be deemed to constitute any invasion of the privacy of the host and/or winner, or in violation of any property right of the host and/or winner, and the host and/or winner shall not be entitled to any additional consideration if their name, picture, or likeness is so used. The hosts and winners also acknowledge that Raffaly shall own all negatives, prints, and other materials created for printing or reproduction in connection with the use of their names, images, or likeness by Raffaly.

24.

No Promotion

24.1.

There is no connection whatsoever between the competition and Apple Inc., Google, Facebook, Twitter, Snapchat, TikTok, or any other social media platform.

25.

Affiliate marketing

25.1.

The affiliate marketing Terms & Conditions, which set forth how Raffaly and affiliates interact, must be read by users who want to use Raffaly's affiliate Programme as affiliate advertisers.

25.2.

Only those users who have been authorised by Raffaly and who have received a special referral link from Raffaly in line with section 2.2 of the affiliate marketing Terms & Conditions are permitted to become affiliates.

25.3.

hosts have the option to enable the affiliate Programme, which allows other verified users to join as affiliates to help promote their competitions and charitable causes.

25.4.

By choosing the "Enable affiliate option" offered in the host area, hosts must inform Raffaly that they wish to take part in the affiliate Programme.

25.5.

By choosing to take part in the affiliate programme, the host voluntarily and unconditionally consents that Raffaly may, on their behalf, handle any payments of affiliate commission due to affiliates in accordance with section 3 of the affiliate marketing terms and conditions.

25.6.

To promote their competitions and causes, hosts may choose particular people to become affiliate partners. Raffaly must be notified of such elected partners using the platform's specific mechanisms.

25.7.

Raffaly will send an email to the elected person upon receiving notice in line with paragraph 5.6 to one of the following addresses:

(a) before giving a special referral link for the applicable competition, ask them to register for a Raffaly account to become an affiliate; or
(b) should give them a special referral link for the relevant competition (as described in the affiliate marketing terms and conditions).

25.8.

According to paragraph 3 of these Terms and Conditions, affiliate Commission due to affiliates in line with section 3 of the affiliate marketing Terms & Conditions shall be paid out of the host proceeds.

25.9.

If the host does not award the winner(s) with a prize, affiliate commission will be paid from the proceeds of the competition.

26.

Entire Agreement

26.1.

The whole agreement between you and Raffaly is set forth in these Terms & Conditions. Any prior understandings or agreements, whether written or oral, regarding the topic of these terms and conditions have been replaced and are no longer valid.

27.

Waiver

27.1.

No failure or delay on the part of Raffaly to exercise any right or remedy permitted by law shall constitute a waiver of such right or remedy or of any other right or remedy, nor shall such failure or delay bar Raffaly from later exercising such right or remedy. No single or limited use of such a right or remedy shall bar or restrict later use of that right or remedy or any other right or remedy.

28.

Severance

28.1.

Any section or portion of a provision that is or becomes invalid, unlawful, or unenforceable shall be deemed deleted from the Contract, but such deletion shall not impact the legality and enforceability of the other provisions.

29.

Third party rights

29.1.

No rights under the contracts (Rights of Third Parties Act of 1999) are created by these terms and conditions to enforce any of its provisions.

30.

Governing law

30.1.

These terms and conditions shall be governed by and construed in accordance with English law, as shall any controversy or claim (including non-contractual disputes or claims) arising out of or related to it or its subject matter or formation.

31.

Jurisdiction

31.1.

Each party hereby irrevocably consents that any dispute or claim (including non-contractual disputes or claims) arising out of or related to these Terms and Conditions or its subject matter shall be subject to the exclusive jurisdiction of the courts of England.

Real estate conditions

Competitions with a Property Prize

1.1.

To coordinate the orderly transfer of the Property (and/or Prize, as applicable) in competitions involving Property, the host and the winner will be given the Property Contract, which, upon signing, shall supersede the Terms and Conditions.

1.2.

The appropriate jurisdiction in which the Property is located must be addressed by the Property Contract.

Property Lawyers

2.1.

It will be necessary for the host and winners to hire separate solicitors to help them transfer the Property.

2.2.

Raffaly retains the right to cancel the competition and/or, if necessary, conduct a new drawing of winners in the event that the winner hires solicitors (other than those suggested independent lawyers mentioned above) and those solicitors cause unwarranted delays that result in a disagreement.

2.3.

In the event that:

(a) the host instructs attorneys (other than the above-mentioned suggested independent attorneys); or
(b) the host; or
(c) the hosts suggested independent solicitors
causes unreasonable delays or behaves unreasonabley leading to a disagreement, Raffaly will:
(d) award in the winner's favour, then in accordance with the Raffaly Guarantee, the winner shall be compensated with 90% of the total proceeds; or
(e) if a competition offers numerous prizes and one of the prizes is in dispute, the award will be split evenly among the remaining prizes, according to article 11.5 of the rules. If a winner disputes their award, they will still be entitled to 90% of the total proceeds.

Completion

3.1.

After the draw date, the property transfer may take up to sixty days.

Warranties
Host's Warranties

4.1.

On the date of the property contract, the host guarantees to the winner that each host Warranty is truthful, accurate, and not deceptive.

4.2.

Unless otherwise stated, each of the host Warranties stands alone and is not constrained by reference to any other Warranties or other provisions of the Property Contract.

4.3.

The host may transfer the Property without the approval of any third party.

4.4.

The following are the host warranties:

4.4.1.

The Property is only legally and beneficially owned by the host, who also holds a good and marketable title to it.

4.4.2.

The Property Contract and any agreements and documents entered into or to be entered into in accordance with the conditions of the Property Contract may be entered into by the host because they have all the necessary power and authority to do so and because they have taken all the required steps to do so.

4.4.3.

As far as the host is aware, no third party has acquired, is in the process of acquiring, or has been granted or agreed to be granted any right of occupation or enjoyment of any portion of the Property other than the host, who is in exclusive possession of the entire Property.

4.4.4.

The host has enough money to cover all of its obligations as they become due.

4.4.5.

As far as the host is aware, nothing has happened or could happen that would make a transaction affecting the host's title to the Property subject to the Insolvency Act of 1986 being set aside.

4.4.6.

The property is free of (or will be upon completion): (i) any mortgage, debenture, charge, rent charge, lien, or other security interest, whether legal, equitable, fixed, or floating; (ii) there is no agreement or commitment to offer or construct any estate contract, option, right of first refusal, right of preemption, or agreement for sale.

Winner's Warranties

4.5.

The winner guarantees to the host that they have taken all required steps and is fully authorised to enter into and perform the Property Contract and all other agreements to which they are a party, in accordance with their provisions.

Raffaly Warranties

4.5.1.

No other party to the Property Contract is provided with any representations or warranties by Raffaly.

4.5.2.

Raffaly provides no promises or assurances regarding:

(i) the property's purchase price or market value; and
(ii) the tax or stamp duty that any other party to the property contract must pay in relation to this transaction or the competition.