Introduction
Welcome to BidandWin membership.

These Terms and Conditions (“Terms”) govern the relationship between Us.

The Terms are essential information for users and prospective users of the Service. It is a precondition of use of the Service that the Terms be read and accepted by each user of the Service.

You are representing to Bidandwin that You have read, understood and accepted the Terms in registering to use the Service.
The Service is defined below.

We reserve the right to change the Terms from time to time.  We recommend You review these periodically to check for any changes.
All monetary amounts referred to on Our websites are in Australian Dollars.

Definition of Terms

• Member means the person that pays the Carrier the Membership Fee (or another person authorized by that person to be the Member)
• Service is Us making available the Auction for You to participate in and Us providing the Prizes and the provision of Ringtones to You.
• Membership Fee is $5, $5 twice a week which will be charged to You by Your Carrier.
• Auction Period means such a period as We stipulate but may be revoked at any time by notice from Us.
• Auction means an online auction promoted by Us.
• Bid means a dollar figure (expressed in whole cents) communicated by You to Us that You consider will be the Lowest Unique Bid at the close of the Auction.
• Bidder means a Member who participates in an Auction by placing a Bid.
• Bid Balance means the number of Bids available to You to use at any given point in time for each Bid in an Auction.
• Carrier means Your mobile phone telecommunications carrier.
• Our, We, Promoter or Us, means BidandWin Pty Ltd ACN 129 296 457 or Our authorised representatives, or agencies associated with the Auction.
• Lowest Unique Bid means the lowest whole number Bid for a Prize that is closest to (but no lower than) AU$0.01 (Australian currency one cent) that has not been selected by any other Bidder.
• Personal Information has the same meaning as under the Privacy Act 1988.
• PIN means the personal Identification Number that We will send You.
• Promoter means Bidandwin Pty Ltd ACN 129 296 457 of Level 1, 225, Miller Street, North Sydney, NSW 2060.
• Prize means any Prize from time to time stipulated by Us to be auctioned by Us via an Auction.
• Winner means the Bidder who has submitted the Lowest Unique Bid at the close of an Auction.
• Website means www.au.bidandwin.com.
• You or Your means any Member and/or Bidder.

What benefits do I get as a Member?
Each week, You will be charged the Membership Fee by Your Carrier and in return We will send 2 Ringtones to Your mobile phone and provide You with 20 bids per day which You can use in any of the Auctions.

Each Auction will have a Prize that will be won by the Winner.

The Prize will be sent to the Winner, (free of any carriage charges) once the Winner has provided Us proof of their identity and their Australian address.

How do I become a Member?
To become a Member, You must complete the Registration Form on the Website or send an SMS with the words specified auction keyword (located on the website or in any advertisement promoting this service to 19900089.

The Service is offered to natural persons over the age of 18 that reside in Australia..

How much does it cost?
You will be charged a once off joining fee of $5 and then the Membership Fee each week by Your Carrier until You tell Us to stop by sending an SMS with the word “STOP” to either 19933377 or 19900089.

We will send You an SMS each time You Bid, advising You of the status of Your Bid. We will also send You an SMS each time the status of Your Bid changes. Each SMS We send You will be charged at the rate of $0.25 per SMS.

Each time You send Us an SMS, You will be charged $0.25 per SMS

You are not required to pay the amount of Your winning Bid.

About Your Membership
The Membership contract between You and Us begins when You enter the PIN at the Website(For Telstra users by sending YES to short code 19900089) and ends immediately You send Us an SMS with the word “STOP” to either 19933377 or 19900089.

Access to the Service is provided by Us delivering a Username and Password to You by SMS or an email with account activation information..

You may cancel Your Membership at any time by sending US an SMS with the word “STOP” to either 19933377 or 19900089.

You must not assign or transfer in any other way Your Membership.

We shall have the right to assign Our rights and obligations under this contract and any receivables based on this contract to a third party without notice to You

How the Auction Works

Acceptance of Terms and Conditions
By entering any Bid in the Auction, Bidders confirm they have read and understood the Terms and are deemed to have accepted them on placing a Bid, regardless of whether the Bid is a valid Bid.

Bidding is open to all people over the age of 18 that are residents of Australia where relevant legislation permits participation in the Auction.

You acknowledge that certain Downloads accessible via the Service will only be supported by certain types of wireless device. For example, to download a polyphonic ringtone, you must have a wireless device that (a) supports polyphonic ringtones, (b) supports text messaging, and (c) has a plan that supports wireless Internet access. If you attempt to download any Download that cannot be supported by your wireless device, you agree that you will not be entitled to any refunds or credits. If you fail to receive a Download because of network congestion or unavailability, you may contact BidandWin bidandwinau@sms-helpdesk.com

In no event will BidandWin provide any refunds to you for the inability to download any Downloads.

Auction Opening and Closing Date
The Auction opening and closing date and time is defined by Us and is available on the Website.

Restrictions on Bidding
Our employees and their immediate families, are not permitted to bid.

Bidders must participate fairly and honestly in the Auction. A Bidder must not in any circumstances disclose details of their Bid to any other person before the close of the Auction. In particular, a Bidder must not collude or enter into any arrangement of any sort with any other Bidder(s).

All Bids must be submitted by an individual and must not be computer generated. Any computer generated Bid will not constitute a valid Bid.

How to Make a Bid
Members can place a Bid for a Prize via the Website or by sending an SMS to 19933377 and must submit their Bid in whole cents using the bidding form on the Website. The Bid must not be in negative figures.

All Bids are sealed so that Bidders do not know what Bids have been offered by other Bidders.

All Bids are to be in Australian cents. For each Bid placed a bid will be deducted from Your daily balance of 20 bids.

Bidders will be sent notification via SMS throughout the course of the Auction.

All Bids are processed in the order that they are received into the database. No responsibility is accepted for any late, delayed or misdirected Bids as a result of technical disruptions or for any other reason.

Offer and Acceptance
Ownership and title in the Prize passes to the Winner immediately the Auction closes;

All terms, conditions and warranties other than those expressly included in these terms and conditions are excluded, except to the extent that to exclude a provision is not permitted by law.

Conclusion of Auction
Prior to the conclusion of the Auction We may send You a notification message via Email or SMS informing You that the Auction is about to close.

Upon conclusion of the Auction We may send You a notification message via Email informing You of the value of the winning bid and notifying You of the new Prize on offer if a new Auction Period has commenced.

Managing Your Bids
At the end of each day unused Bids will be lost at 11:59pm EDT.

Disqualification
[Change numbering] We reserve the right to verify the validity of Bids and to disqualify any Bidder who tampers with the Bid process or who places a Bid that is not in accordance with these terms and conditions. The Successful Bidder must provide proof of identity and proof of residency before the Prize will be transferred. Acceptance of alternate identification as verification is at Our complete.

Determination of Successful Bidder
The Bidder who has placed the Lowest Unique Bid at the conclusion of an Auction will be deemed the Winner of the Prize on offer for that Auction.  The Lowest Unique Bid is the lowest value offered (in whole cents) for the Prize, which has not been offered by any other Bidder for that Prize.  If there is no lowest unique Bid, the Winner is determined by the lowest Bid amount with exactly two Bids.  The first Bidder to have placed the Bid is determined the Winner.  If this does not produce a Winner (if there is no Low Unique Bid with exactly two Bids the same) the process keeps repeating for the lowest Bid amount with exactly three Bids. This will continue until a Winner is determined.

1. Sending the word “stop” to 19900089 or  19933377
2. Sending an email to  bidandwinau@sms-helpdesk.com
3. Call Our customer care number on 1300 767 306

1. The Bidder provides any false, misleading or invalid information of any kind when registering or when placing a bid;
2. A Bidder co-operates in any way with another Bidder when placing a Bid;  and
3. Any other breach of these terms.

If for any reason an Auction is not capable of running as planned due to any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes), including anything which may corrupt the integrity or proper conduct of the Auction We reserve the right to cancel, terminate, modify or suspend an Auction.

In the event of war, terrorism, state of emergency, disaster or (without limitation) any other event outside Our reasonable control, We are entitled to cancel, terminate, modify or suspend the Auction.

Security of Your Account and Personal Informatio
You are fully responsible for all activities that occur under Your password or account or through Your Membership.  That responsibility includes, but is not limited to, the responsibility for the Payment of Your Membership Fee to Your Carrier.

You agree to notify Us immediately in the case You become aware of or suspect unauthorised use of Your password or account or Membership or any other breach of security, and to ensure that You log out of Your account at the end of each session.

Upon Your request, We may register You as a user and provide You with access to the Service by allocating You a personal username and password.  You are solely responsible for maintaining the confidentiality of any password and account.

In exchange for Your use of the Service (in addition to the payment of the Membership Fee) You agree:

1. That You are over 18 and that  You have the authority to enter into this Agreement;
2. That You are the account holder (with Your Carrier) of the phone number of the mobile device that You entered into the Website to begin Your Membership (or You have authority from that person to become a Member);
3. To Provide true, accurate and complete information about Yourself as prompted by the registration form ("Registration Data"); and
4. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Collection of Personal Information
By becoming a Member,, We will collect certain Personal Information about You such as Your Mobile phone number, name and address, We collect Personal Information to assist Us in providing the services You have requested.  We (or any of Our related companies) may be in touch with You by any means (including email or SMS) to let You know about Prize, services or promotions which may be of interest to You.  We may also share Your information with other entities or persons who assist Us in providing Our services, running competitions or with other companies who provide prizes for competitions.

The collection, use and disclosure of Personal Information provided in connection with Your Membership and/or the Auction is governed by the Privacy Policy clauses in these Terms and Conditions.

As a condition of Membership, Winners agree to provide information and a photograph of themselves for publicity purposes which We may use at Our absolute discretion.

Privacy Policy


BidandWin is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site au.bidandwin.com. Because this web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions or concerns regarding this statement, you should first contact Customer Service by email . If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with the Web site to resolve your concerns.

Information Collection & Use
By playing the BidandWin reverse auction competition You will receive messages which include notifications. In order to play, you must first enter your cell phone number and opt-in with the personal identification number sent to your cell phone.  During registration, you are required to give your contact information (such as cell phone and/or email).  We only use this information to contact you about the services on our site in which you have expressed interest. We do not share, sell, rent, or trade your personal information with third parties for promotional purposes unless expressly stated.

Surveys
From time-to-time we may provide you the opportunity to participate in surveys on our site.  If you participate, we will request certain demographic information from you.  Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information.  The requested information typically includes demographic information (such as age and gender).  We use this information to rate our performance and help enhance user experience for our targeted audience.

BidandWin uses a third party service provider to conduct these surveys; that company is prohibited from using our users’ personally identifiable information for any other purpose.  We will not share the personally identifiable information you provide through the survey with other third parties unless we give you prior notice and choice.

3rd Parties
We provide you the opportunity to participate in surveys and auctions on our site.  If you participate, we will request certain personally identifiable information from you. Participation in these surveys or auctions is completely voluntary and you therefore have a choice whether or not to disclose this information.  The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). 

We use this information to notify contest winners and award prizes, to monitor site traffic, personalize the site, to send participants an email newsletter.

We use third party service providers to conduct these surveys and prize fulfillment; those companies are prohibited from using our users’ personally identifiable information for any other purpose.

Special Offers and Updates
We will occasionally send you information on [products, services, special deals, promotions]  [You can sign up for these emails from us on our registration page.]

Out of respect for your privacy, we present the option not to receive these types of communications.  Please see the “Choice and Opt-out.”

Newsletters
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you.  Out of respect for your privacy, we provide you a way to unsubscribe.  Please see the “Choice and Opt-out” section.

Service-related Announcements
We will send you strictly service-related announcements on rare occasions when it is necessary to do so.  For instance, if our service is temporarily suspended for maintenance, we might send you an email. 

Generally, you may not opt-out of these communications, which are not promotional in nature.  If you do not wish to receive them, you have the option to deactivate your account. [You may opt-out of these communications.  Please see “Choice and Opt-out.”]

BidandWin is the sole owner of the information collected on www.au.bidandwin.com.  All Our employees who have access to personally identifiable information are obliged to respect the confidentiality of that information.

Security
The security of your personal information is important to us.  When you enter sensitive information (such as your mobile number) to register, we encrypt that information using secure socket layer technology (SSL).  [To learn more about SSL, follow this link [http://en.wikipedia.org/wiki/SSL_Certificate].]  

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.  Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can send email us at Customerservice@bidandwin.com.

Cookies
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. To learn more about the cookies Click Here.

We set a persistent cookie to store your passwords, so you don’t have to enter it more than once.  Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. 

If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as surveys, will be limited.

Some of our business partners (e.g., advertisers) use cookies on our site.  We have no access to or control over these cookies. See “Third Party Advertisers.”

This privacy statement covers the use of cookies by BidandWin only and does not cover the use of cookies by any advertisers. See the “Third Party Advertisers” section.

Clear Gifs (Web Beacons/Web Bugs)
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective.  Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users.  In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

Third Party Advertisers
The ads appearing on this Web site are delivered to users by Google, our advertising partner.   We share Web site usage information about users for the purpose of targeting our Internet banner advertisements on this site.

Google uses cookies and clear GIFs on this site, which allow it to recognize a user's cookie when a user visits this site. The information that Google collects and shares through this technology is not personally identifiable. 

For more information about our third-party advertiser, or to learn more about the choices available to you regarding this anonymous information, please Click Here.

Changes in this Privacy Statement
If we decide to change our privacy policy, we will post those changes to this privacy statement, the page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

We reserve the right to modify this privacy statement at any time, so please review it frequently.  If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Should you need to correct or update your personal information you can log into your account and click on the My Accounts page.

Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us at customerservice@bidandwin.com

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.