This agreement is a legal document that sets out your rights and obligations in respect of the services offered by MyD Enterprises Pty Ltd (BID2WIN). This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter of this Agreement and neither of the parties shall be bound by any conditions definitions warranties or representations with respect of the subject matter of this Agreement other than as expressly provided herein.

4 Variation of MyD Enterprises Pty Ltd Terms:

We may vary these MyD Enterprises Pty Ltd Terms from time to time without notice to you, by publishing amended terms on the MyD Enterprises Pty Ltd Website. Such amended terms will apply to all BID2WIN reverse-auctions starting after the date of publication. We reserve any rights not expressly granted in these MyD Enterprises Pty Ltd Terms.

5 Your eligibility and warranties:

6 BID2WIN reverse-auctions at our discretion:

From time to time and at our discretion, we (or our agents or contractors) will make Items available for sale through BID2WIN reverse-auctions in accordance with these MyD Enterprises Pty Ltd terms. We reserve the right to modify or withdraw an Item from sale at any time. MyD Enterprises Pty Ltd shall not be liable to the end user or any third party upon modification or withdrawal of any/all items for sale.

7 Supplementary reverse-auction rules:

These MyD Enterprises Pty Ltd Terms apply to all BID2WIN reverse-auctions. They may be supplemented by additional rules appearing on the BID2WIN Website or in advertising or promotional materials that relate to a particular BID2WIN reverse-auction (supplementary reverse-auction rules) but if there is any inconsistency between these MyD Enterprises Pty Ltd Terms and any supplementary reverse-auction rules, these MyD Enterprises Pty Ltd Terms will prevail to the extent of the inconsistency.

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8 Reverse-auctions:

BID2WIN reverse-auctions will be conducted, and Items will be sold through MyD Enterprises Pty Ltd as follows:

(a) We will specify the start time and end time for a BID2WIN reverse-auction (reverse-auction period). We may specify only a date in which case the reverse-auction will finish at 23.59 hours of the specified end date. All times are based on AEST "Australian Eastern Standard Time".

(b) We will accept and consider eligible bids for the purposes of determining the winner (or winners) of a BID2WIN reverse-auction. An eligible bid is a bid that is:

(i) Sent by you via SMS to the service number supplied by us for the specific item;

(ii) Received by us during the reverse-auction period;

(iii) As specified in the instructions for participating in a BID2WIN reverse-auction and in any supplementary reverse-auction rules including, without limitation, requirements about the format and maximum number of bids;

(iv) includes the amount of your bid (bid amount) in whole cents;

(v) A minimum bid amount of one cent, unless specified otherwise in any supplementary reverse-auction rules (minimum bid amount); and

(vi) Sent in circumstances which comply with these MyD Enterprises Pty Ltd Terms.

You must take care when dialing or sending messages to place a bid. It is your responsibility to ensure that you dial the correct number and send the correct request message. MyD Enterprises Pty Ltd will not be liable for any costs incurred or unexpected responses received by you because of user error or any other occurrence or omission on the user’s part. A bid that is received by us which is not an eligible bid may still be charged to your mobile phone account.

(c) Where a single Item is made available for sale via BID2WIN reverse-auction, the winning bid will be an eligible bid that is the lowest unique bid at the end of the reverse-auction period, meaning that it is:

(i) Equal to or greater than the minimum bid amount;

(ii) a unique bid amount (meaning that we have not received any other eligible bids at that bid amount, including eligible bids received from you); and

(iii) The lowest eligible bid.

The winning bid will be determined by us after the end of the reverse-auction period.

Once a bid is placed and accepted, it is final, and under no circumstances will it be removed or modified.

(d) Where multiple Items are made available for sale through a single BID2WIN reverse-auction, the number of winning bids will be equal to the number of Items. In that case, the first winning bid will be the lowest unique eligible bid which is equal to or greater than the minimum bid amount, and the second winning bid will be the second-lowest unique eligible bid which is equal to or greater than the minimum bid amount, and so on in respect of each remaining Item.

(e) The first Winning Bid, and other Winning Bids (if applicable), will be determined by us after the end of the reverse-auction period.

(f) The relevant Item will be sold to the relevant winning bidder for a price equal to the amount of the winning bid amount. The first Item will be sold only to the person making the first Winning Bid; the second Item will be sold only to the person making the second lowest unique Winning Bid and so on for the corresponding number of Items. If you are a winning bidder, we will attempt to contact you by whatever means we deem appropriate.

(g) Each winning bidder is responsible for completing the sale transaction by paying for the Item

(h) In the case that there is not a unique bid, the winner will be determined by the first received bid of the lowest bid amount with the minimum quantity of bids.

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9 Winning bidder obligations:

If you are the winning bidder and you wish to buy the relevant Item, you must pay us the amount of your winning bid within 28 days from the end of the reverse-auction period. You do not have to buy the Item. If you do not buy the Item within the 28 day period we may resell the Item. Any failure by us to contact you regarding the status of your winning bid will not alter this requirement.

We will require a photograph of the winner and we reserve the right to publish the name, suburb, state, winning bid, product purchased and photograph of the successful bidder on our website and / or any other promotional material.

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10 Substituted Items:

If an Item is not accurately described by us or is unavailable at the end of the reverse-auction period, we will use our best efforts to supply a substitutable Item of equal or greater value. As a winning bidder, you will not be obliged to buy the relevant substituted Item.

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11 Passing of title and risk in Item:

As a winning bidder, you will become the owner of the relevant Item once your payment of the relevant winning bid amount has been cleared. You accept all risk and responsibility for the Item from that time. Products and /or services are not redeemable for cash nor are transferable.

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12 Warranty & Guarantee of product or service:

All items offered are brand new and covered by the manufacturers warranty unless otherwise stated. All claims are subject of the product manufacturers/suppliers/importers/producers warranty that applies to each individual product or service and all enquiries for warranty related claims must be processed through these channels. MyD Enterprises Pty Ltd may assist in providing the contact details for any kind of product or service’s warranty procedure information but is not responsible for doing so.

All items offered are brand new and covered by the manufacturers warranty unless otherwise stated.

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13 Delivery:

We will specify the means by which the Item is delivered to you if you are the winning bidder for the Item. After you have paid us for the Item we will (at our discretion) either make the Item available to be collected by you at our premises or we will transport the Item to you by whatever means we deem appropriate, with or without insurance or registration. Unless we otherwise specify, Items may not be collected from us. We accept no responsibility for Items during transportation or while in our possession during the period in which the Item is available to be collected (as applicable). If we make the Item available to be collected, and you do not collect the Item within 28 days (or any longer period agreed between you and us) we may dispose of the Item and retain any benefits of that disposal and take reasonable steps to refund your payment to you. We may only ship items in the Australian territory.

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14 Bidding Fees:

We will charge you a fee for each bid you make by submitting an SMS message to the relevant MyD Enterprises Pty Ltd service number (bidding fee). You are liable to pay the bidding fee even if your bid or message is not an eligible bid. Unless otherwise stated in any supplementary reverse-auction rules, the bidding fee will be $3.50 per bid. The bidding fee will be charged to your mobile phone account when you send the bid. Bidding fees are not refundable.

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15 SMS service providers and acceptance of bids:

We reserve the right to accept and consider only those SMS bids received via mobile messaging service providers (providers) of our choice. We will only accept bids received via providers that allow us to charge the bidding fee. If we are unable to charge you the bidding fee, your bid will not be an eligible bid. We are not liable to you if the provider does not provide telecommunications coverage at a particular location or fails to accept from you or deliver to us an SMS bid, whether completely, in a timely manner or at all. You acknowledge that SMS messages are sometimes lost before they are delivered and you therefore cannot be sure that we have accepted your bid unless you receive from us a return SMS confirming the status of your bid. Return SMS’s from time to time experience delays in the delivery of messages which are beyond our control and are related to the mobile messaging service provider of our choice.

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16 Exclusions of warranties:

(a) All Items will be offered for sale through BID2WIN reverse-auctions in good faith, however sometimes accidental errors in description may occur. We give no warranty in relation to the accuracy of the description or estimated value of an Item, and undertake no obligation to investigate each Item to verify the description. You should not place any reliance on such descriptions or assume that investigations have been carried out.

The recommended retail price (RRP) of any product or service on offer at BID2WIN may or may not be stated as part of the description of the product or service. MyD Enterprises Pty Ltd advises that the information provided is as accurate as possible.

(b) To the maximum extent permitted by law, all warranties, conditions, representations and other terms of any kind (whether express or implied) in relation to the BID2WIN reverse-auctions or the Items (including the accuracy of the descriptions or estimated values of the Items) are excluded. We will not be held liable for any misstatement, error or omission from the description of any Item.

(c) We do not warrant that the operation or availability of BID2WIN reverse-auctions will be error free or uninterrupted. You acknowledge that we will not be held liable for any failure or inability to provide continuous, error free, uninterrupted service in relation to BID2WIN reverse-auctions.

(d) We do not warrant the security of any transmissions of data to or from us will be secure, and you accept that there is a risk of unauthorized access to your information. You accept the risk that data transmitted by SMS may be intercepted or accessed by unauthorized third parties and may be exploited unlawfully by such third parties.

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17 Privacy and confidentiality of your information:

You acknowledge and agree that by your participation in a BID2WIN reverse-auction, we may receive personal information about you. You agree that we may collect, store and use your personal information in accordance with our Privacy Policy, which can be viewed at www.bid2win.com.au. By accepting these MyD Enterprises Pty Ltd Terms, you are also agreeing to the terms of our Privacy Policy. Although we endeavour to maintain the privacy and security of information that we hold about you, and will take all reasonable steps to keep secure any such information, we will not be held responsible for events arising from unauthorized access to it.

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18 Implied terms:

The only terms implied or incorporated into these MyD Enterprises Pty Ltd Terms are those which can not be lawfully excluded, restricted or modified, including any rights and remedies available to you under the Trade Practices Act or any similar State or Territory legislation. Our liability to you under any such terms is limited, to the extent the law allows and at our option, to re-supplying the relevant goods or services, or paying you the cost of that re-supply, or repairing the relevant goods.

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19 Exclusion of liabilities:

To the extent legally permitted, we are not liable to you for any claim, expense, loss or damage incurred by you arising directly or indirectly out of your participation in a BID2WIN reverse-auction or our refusal or failure to recognise, process, consider or accept your bid in a BID2WIN reverse-auction, whether direct, consequential, special, indirect or other loss or damage, loss of profits or other economic loss or loss of opportunity and whether such liability arises out of contract, tort (including negligence), statute or otherwise. This exclusion applies regardless of whether you or we were aware of the possibility of such loss or damages.

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20 Cap on liability:

Despite any other provision of these MyD Enterprises Pty Ltd Terms, to the extent legally permitted, our total aggregate liability to you in connection with your participation in a BID2WIN reverse-auction (including our refusal or failure to recognise, process, consider or accept your bid in a BID2WIN reverse-auction) is limited to the cost of your last bid in that BID2WIN reverse-auction.

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21 Governing Law:

These MyD Enterprises Pty Ltd Terms and any disputes arising under them or otherwise in relation to MyD Enterprises Pty Ltd or your participation in a BID2WIN reverse-auction are governed by and construed in accordance with the laws of Australia. The parties hereby irrevocably submit to the jurisdiction of the Australian Courts.

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22 Currency:

All references in these MyD Enterprises Pty Ltd Terms to money are to Australian dollars and cents.

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BID2WIN Terms and Conditions of Participation

1 Acceptance of Terms:

2 Definitions: In these MyD Enterprises Pty Ltd Terms:

3 This Agreement:

4 Variation of MyD Enterprises Pty Ltd Terms:

5 Your eligibility and warranties:

6 BID2WIN reverse-auctions at our discretion:

7 Supplementary reverse-auction rules:

8 Reverse-auctions:

9 Winning bidder obligations:

10 Substituted Items:

11 Passing of title and risk in Item:

12 Warranty & Guarantee of product or service:

13 Delivery:

14 Bidding Fees:

15 SMS service providers and acceptance of bids:

16 Exclusions of warranties:

17 Privacy and confidentiality of your information:

18 Implied terms:

19 Exclusion of liabilities:

20 Cap on liability:

21 Governing Law:

22 Currency:

23 Severance:

24 How to contact us: