Auction Terms and Conditions

Introduction

Welcome to BidandWin membership â€" Your weekly Ringtone and Lowest Unique Bid Auction provider!

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.

In registering to use the Service, You are representing to Bidandwin that You have read, understood and accepted the Terms.

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 the provision of Ringtones to You, Us making available the Auction for You to participate in and Us providing the Prizes.
Membership Fee is $10 per week ($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 and ends immediately when 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

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 when 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.

Bids can only be used to Bid on Auctions offered by Us.

Disqualification

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.

The Winner of a Prize will be notified at the end of the Auction Period by telephone, to arrange delivery of the Prize. The Winner will not be required to pay for the Prize.

Leaving the Service and Termination of Membership

You can leave the service at any time by:

Sending the word "stop" to 19900089 or 19933377
Sending an email to
Call Our customer care number on

Any unused Bids will automatically expire at the termination of Your Membership and You will no longer receive mobile content from Us.

Refund and Termination of Bids

We reserve the right to cancel any Bid and/or Membership under any one or more of the following circumstances:

The Bidder provides any false, misleading or invalid information of any kind when registering or when placing a bid;
A Bidder co-operates in any way with another Bidder when placing a Bid; and
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 Information

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:

That You are over 18 and that You have the authority to enter into this Agreement;
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);
To Provide true, accurate and complete information about Yourself as prompted by the registration form ("Registration Data"); and
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

We acknowledge statutory duties under the Privacy Act 1988.

We will not disclose Personal Information about You except on a confidential basis to agents that We use in the ordinary operation of Our business unless otherwise provided for in these terms and conditions.

At any time You may opt out of receiving any communications from Us (other than as required for the operation of Our business, e.g. regarding payment of Your account).

You may request:
access to Personal Information We hold about You by writing to Us and requesting it. Where We hold information that You are entitled to access, We will endeavour to provide You with a suitable range of choices as to how You access it (e.g.emailing it to You); and
that We amend Your Personal Information if You believe the Personal Information We hold about You is incorrect, incomplete or inaccurate. We will consider if the information requires amendment. If We do not agree that there are grounds for amendment, then We will add a note to the Personal Information stating that You disagree with it.

If at any time You provide the Personal Information of another person to Us then You must ensure that that person has read and understood these terms and conditions and separately consents to that Personal Information being used and disclosed by Us for the above purposes.

We use internet cookies which are small strings of text placed on users' hard drives during the data exchange that happens when a browser points to a website. Cookies allow a website to store information on a user's machine and retrieve it later. Cookies and other information collection technologies can only store information that is explicitly provided by the user or visitor in the first place, or information the website already knows about the user, such as their IP address.

Although We intend to observe this privacy policy at all times, it is not legally binding on Us. From time to time We may regard it as necessary or desirable to act outside this privacy policy. We may do so, subject only to any statutory rights You have under the Privacy Act 1988 (Cth) or other applicable legislation.

While We take all due care in ensuring the privacy and integrity of the information You provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Our system or on the Website. Should this occur, We disclaim all liability to You to the extent permitted by law.

No liability

We are not responsible for any incorrect or inaccurate information associated with or utilised in an Auction, or for any technical error, or any combination of these that may occur in the course of the administration of an Auction including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of Bids.

No responsibility is accepted for lost, late, incomprehensible or incorrect Bids.

We are not liable for any loss or damage suffered (including without limitation direct, indirect and consequential loss and damages) or for personal injury suffered or sustained as a result of entering or trying to enter the auction or purchasing any Prize offered as part of the auction or using such item, except for any liability which cannot be excluded by law.

Intellectual Property Rights

You acknowledge that any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Service ("Intellectual Property Rights") are owned by Us or licensed to Us. You agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to You, and that You do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these terms and conditions.

Severance

We are not liable for any failure to comply with these terms and conditions. If any part or provision in these conditions is found to be invalid, unenforceable or illegal for any reason, that part or provision shall be severed and the remaining provisions shall continue in full force.

Warranties and Representations

To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Service or any Auction or Prize is excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Prize to verify the accuracy or otherwise of the description given and You should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly We will not be liable for any misstatement, error or omission from the description of the Service or any Auction Prize.

Alteration of Terms and Conditions

Alterations to these Terms and Conditions may only be made by Us and will be posted on Our Website. Members are encouraged to check the Website regularly to ensure that they are not affected by any changes to these Terms and Conditions.

Governing Law

The laws of NSW govern these terms and conditions and each Auction. We and each Bidder submit to the jurisdiction of the courts of NSW in relation to any dispute arising out of or in connection with these terms and conditions or any Auction.

General

Setup and/or Installation costs are not included in the bid amount, unless otherwise stated in the item description.

Under no circumstances does BidandWin install and/or setup items.

All products auctioned on Our website are covered by manufacturer's warranties only .

No other warranties apply expect to the extent that is required by law.

All intellectual property associated with any Prizes belongs to each owner of such intellectual property. We do not hold Ourselves out to be in any way associated with, or owners of, intellectual property associated with each Prize.