Marketplace rules

Bid Buy and Save General Rules

Competition Rules

Terms and Conditions for the "Win $2,500 to Spend in Bid Buy and Save" Competition

1. Entry into the promotion constitutes acceptance of these terms and conditions and the marketplace rules of Bid Buy and Save.

2. Information on how to enter the Promotion forms a part of these conditions.

3. The Promoter is Messenger Community News, 31 Waymouth Street, Adelaide, SA 5000

Entry

4. Entry is only open to residents of South Australia. Eligible entrants must be aged 18 years or over at the time of entering.

5. The promotion commences at (Adelaide time) 9:00am Saturday, 9th July, 2011 and closes at 10:00pm Monday, 18th July, 2011. Entries not received by 10:00pm on 18th July, 2011 or not completed in accordance with these conditions are not be eligible to win. Incomplete entries will be ineligible to enter or win.

6. Entrants must submit a bid on any item in Bid Buy & Save www.bidbuyandsave.com.au to be eligible to win.

7. For every different item that is bid on, the entrant will receive an extra chance in the overall draw.

Eligibility

8. Employees of the Promoter and their immediate families are not eligible to enter the promotion.

9. Employees of agencies associated with the Promotion and their immediate families are not eligible to enter the promotion.

10. ‘Immediate family’ means spouse, de facto spouse, parent, child, and sibling whether or not they live in the same household as the director/employee/contractor.

11. The Promoter reserves the right to decide, in its absolute discretion, whether or not the entry requirements have been fulfilled.

Winners

12. A winner will be randomly generated at 12:00pm on Wednesday 20th July, 2011.

13. The draw will be conducted at 31 Waymouth Street, Adelaide SA 5000.

14. The Promoter will make reasonable attempts to contact the winner by telephone and by email.

15.The winner’s name will be published on the Bid Buy & Save website on Thursday 21st July 2011.

15. The Promoter’s decision is final and no correspondence will be entered into.

16. If for any reason beyond the Promoter’s control the winner cannot be contacted by 30th September 2011, then the Promoter reserves the right to randomly generate another winner.

Prize

17. The total of $2,500 cash will be awarded to the winner.

Disclaimers

18. The Promoter (and its employees, contractors and agents) will not be liable for any loss, personal injury or damage whatsoever (including direct or consequential loss) whether as a result of or in connection with participation in this promotion and/or its prizes, the Promoter’s negligence or otherwise.

19. The Promoter (and its employees, contractors and agents) will not be liable for any dispute arising out of or in connection with this promotion or the provision of prizes.

20. To the fullest extent permitted by law, the Promoter (and its employees, contractors and agents) will not be responsible for:

Inaccurate or incorrect transcription of entry information or in the administration of the promotion;
Purported entries that are not received for any reason, including because they are lost, misdirected, or stolen, late, illegible, incomplete or sent other than as directed in the entry instructions;
Any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software;
Unauthorised human intervention in any part of the promotion.

21. The Promoter reserves the right to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion. The Promoter reserves the right to seek damages for any attempt to deliberately damage the Promoter’s websites or information on those websites.

22. The Promoter reserves the right to disqualify an entrant or cancel, terminate, modify or suspend the Promotion, for any reason whatsoever, without liability, subject to written directions from State Regulatory bodies.

23. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this promotion.

Privacy

24. All entries become the property of the Promoter. Details given by entrants to register will be used for the purposes of conducting the promotion and to provide information to the Promoter and its related news groups for an indefinite period. Personal information may be disclosed to related News Limited companies and service providers who assist the Promoter’s business activities. Otherwise, the information will not be disclosed to any third party except as required or permitted by law. For more information about the Promoter’s privacy policy, refer to http://messenger-news.whereilive.com.au/privacy/ or the privacy policy available on www.bidbuyandsave.com.au

Marketplace Rules

General rules for the Bid Buy and Save online auction

Bid Buy and Save reserves the right to update and change these terms later on.
Bidding is only open to residents of Australia. Additional costs for delivery or adaptation of the item is paid by the winning bidder. The charge for this can be requested and obtained from the participating vendors, and should be made prior to bidding.
Messenger Newspapers provide Bid Buy and Save as a meeting place for local vendors to advertise goods and services that you can place bids on. Messenger is not a contractor or agent in any of the transactions entered into the Bid Buy and Save auction. Messenger is not involved in the purchase, sale, exchange or business with the items at Bid Buy and Save . Messenger neither collects nor enters orders on behalf of the vendors. Messenger does not charge any fee from the vendors to list their items at Bid Buy and Save, nor do the bidders who buy items from the vendors participating in Bid Buy and Save pay any fee.
Messenger normally mediates the payment for the item between the winning bidders and the participating vendors. Otherwise, the bidder will be informed about how the payment will be made.
All items in the Bid Buy and Save auction are brand new, unless otherwise indicated, and they are delivered with appropriate warranties as determined by the participating vendor. The goods and services offered by Bid Buy and Save are provided by the participating vendors in current condition.
Messenger is not the seller of the items and do not take responsibility for the items in any aspect. Messenger is not the representative of the vendor and leave no warranties. Each participating vendor is fully responsible for the selling of the item, including the title and description of the item at the auction website and in the printed auction catalogue, as well as the condition of the item, valuation, authenticity and price.
All physical items in the Bid Buy and Save auction can be seen at each of the participating vendors, according to the information at the auction website www.bidbuyandsave.com.au and in the printed auction catalogue. The bidder is requested to look at the item, which they intend to bid on before bidding.
The Bid Buy and Save auction is open for those who are 18 years or older. Employees of participating vendors may bid, but not on their own items.
It is prohibited to use any method, technique, device or software to affect Bid Buy and Save and the functionality of the auction website. Messenger has the right to decide, freely and without any notice, to suspend users from the Bid Buy and Save auction website.
All content on Bid Buy and Save is owned by Messenger or participating vendors. Messenger assigns a limited license to each user of Bid Buy and Save for personal use. Any other use, including copying, modification, distribution, transmission or presentation of the content on this website is strictly prohibited.
Australian law is applicable for Bid Buy and Save. You agree to comply with the laws, statutes and regulations regarding participation in the auction on Bid Buy and Save.
Bid Buy and Save is exempt from withdrawal under current legislation.
Bidding can be done via the auction website or by telephone (if you have access to an email address).
The auction begins at www.bidbuyandsave.com.au on 9th July 2011 at 09:00 and closes on 18th July 2011 at 22:00. The start and end time is determined by the site clock. Bids will be accepted only within this time period. Messenger reserve the right to, without notice, extend, terminate or change the auction website in the event of unforeseen technical problems that alter/affect the function of Bid Buy and Save
Bids can be submitted online at all hours on www.bidbuyandsave.com.au, between the auction start date and time and the auction end date and time, or for a limited time during this period through emails to the auction support if you have access to an email address.
Bid Buy and Save will set a start price for each item. The start price is the minimum bid required to participate in the bidding for this item.
Each item also has a reserve price. This is the minimum bid required to win the item when the auction ends. The reservation price is typically 50 percent of the item's retail value, except for cars and real estate, where the reserve price may be higher.
Each item has a reserve price status, which indicates one of the following values:

Reserve price not met - The highest secret maximum bid is lower than the reserve price and the item will not be sold when the auction closes.

Reserve price met - The highest secret maximum bid is equal to or above the reserve price and the item will be sold to the bidder with the highest bid when the auction closes.
The 'minimum price' is the lowest bid that a bidder can add to the system to have the chance to win the item. Before any bid is submitted on the item, the 'minimum price' is equal to the starting price.
As the auction runs for several days (as opposed to a regular action), you can not always respond immediately when someone places a higher bid at the same item. For this reason, a system called proxy bidding is used on Bid Buy and Save. You choose how much you are willing to pay for an item. This is your secret maximum bid that only you and the bidding software knows about. The bidding software places the lowest bid, as required for your bid to become leading, according to the available bidding ladder. If someone else places a bid on the item that you bid on and their secret maximum bid is lower than yours, the bidding software automatically raises your bid in the range of the bidding ladder (see the bidding ladder in 'How it Works') until you are again the leading bidder, or your secret maximum bid is reached. Your bid will never exceed your secret maximum bid unless you place a new, higher secret maximum bid. A higher secret maximum bid does not affect the bid submitted on your behalf unless your previous bid is between two steps in the available bidding ladder.
If your secret maximum bid will be the first bid on an item, it must at least be as high as the start price of the item. If someone already has placed a bid on the available quantity of the item, your secret maximum bid must be higher than the currently leading bid plus one step in the bidding ladder for that item (see the bidding ladder in 'How it Works'). For example, if the current leading bid is $3,500 on an item worth $5,000 with an available quantity of 1, your secret maximum bid must be at least $3,550.
Based on your secret maximum bid, the bidding software will place the lowest possible bid on your behalf, which makes you the leading bidder.

Example: If your bid is the first bid on an item, a bid will be placed on your behalf corresponding to the start price of the item. If your secret maximum bid is higher than the reserve price of the item, the bidding software will place a bid equal to the reserve price.
If another bidder places a secret maximum bid on an item, you have bid on, and if your secret maximum bid on this item is higher than his/hers secret maximum bid, the bidding software will automatically place a bid on your behalf, which is so much higher than the bidding ladder indicates. This, to ensure that you remain the leading bidder. For items with a value of $1,000 - $4,999.99 the system will increase the bid with $25. For items $5,000 - $9999.99 or more, it will increase the bid with $50 (see the bidding ladder in 'How it Works'). The bidding software will continue to bid this way until one of the following three things happens:

- No other bids are higher than yours.

- Your secret maximum bid is reached.

- You have become the winning bidder at the auction's closing.
It is your responsibility to monitor the outcome and the status of your bids at Bid Buy and Save. If someone has outbid you with a higher secret maximum bid, you decide whether you should continue to bid on the item. If someone with a higher secret maximum bid outbids you, you must add a new secret maximum bid to continue your bidding on the item. The new bid must be at least $1 or higher for items worth up to $99.99 ; $10 or higher for items whose value is up to $999.99; $25 or higher for items worth $1000 - 4,999.99; $50 or higher for items worth $5,000 - $9,999.99; $100 or higher for items worth $10,000 - $14,999.99; $500 or higher for items more than $15,000 (see the bidding ladder in 'How it Works'). The quantity upon which you bid must be the same or higher than your previous bid.
If your secret maximum bid is exactly the same as a bid that has been placed earlier on the same item, the bidder that placed the bid first is declared to be the leading bidder.
If the quantity of an item is more than one, you can bid on more than one of these items (this is the quantity you specify when you place your bid).

For example, you can bid on one, two or three of an item where the quantity is three. The quantity you are assigned to buy may be as many as your specified quantity or fewer (but never more), depending on whether there were previous bids from other bidders at the same amount, or a subsequent bid at a higher amount. Your assigned quantity may be modified during the auction if another bidder places a bid higher than yours, it is therefore not certain that you will get the quantity you bid on.
In cases of a dispute between bidders or between bidders and Messenger, or in case of doubt or dispute as to the validity of a bid, Messenger owns the right to decide who is the winning bidder. All decisions taken by the Messenger are final and binding.
Messenger are not responsible for any bid that has been lost, misplaced, found incomplete or illegible. Neither weak or distorted computer transmissions, nor technical failures of any kind such as technical failure of the network, hardware or software that limits the bidder to participate in the Bid Buy and Save auction. Proof that something has been submitted is no evidence that the newspaper has received it. Messenger is not responsible for any costs of internet, phone calls or other costs that may incur in connection with participation in the Bid Buy and Save auction.
During the auction you will receive confirmation via email of the bids you have placed, if you have been outbid by another bidder, or if you have won the auction. These emails are only for your information. If you get them or not makes no difference as to the status of your bid or other bidders bids. Only the list of bids contained in the system at Bid Buy and Save, as presented on the auction site, is the current bid list used by the bidding software to determine the winning bidder when the auction closes.

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Payment Policies

All sales are final. This means that the bidder who wins the auction is tied to the purchase.
When the auction closes, Bid Buy and Save will determine who is the winning bidder (the buyer) for each item and contact the buyer via email and / or phone within five days, to provide the information that he / she is the winning bidder and request payment. The bid is binding, and the winning bidder has to pay the entire winning price within 72 hours from the end of the auction. If a winner of the auction can not be contacted, or if the entire winning price is not paid within 72 hours from the end of the auction, Messenger has the right to disqualify the winner and contact the second-highest bidder of the item and make him / her the new winner. As a new buyer you can not withdraw your bid and you agree to pay the entire winning bid price within two days after the notice from Messenger. If the second-highest bidder can not be contacted, or if the entire winning price is not paid within two days after the notice from Messenger, Messenger owns the right to continue the disqualification and contact process, or to remove the item from the auction.
The entire winning price for an item (for each winning bidder) is defined as the leading bid for the item when the auction ends, multiplied with the quantity of item that the bidder has acquired. In the event that a bidder is disqualified, and the item is offered to the second-highest bidder, the total winning price will be the second-highest bidder's secret maximum bid multiplied with the quantity of items that bidder has acquired.
The buyer must pay the entire winning price to Bid Buy and Save which receives the money on behalf of the vendor. In some cases, however, the buyer pays the entire winning price directly to the vendor. Specific payment instructions for each item is included in the email sent to the winning bidder after the auction ended.
It is the vendor's and the winning bidder's responsibility to obtain appropriate or necessary licenses, registrations, warranties or other forms of approval for the sold items and pay fees associated with this.
When the payment for the item is done, you can print the proof of purchase and a receipt on the Bid Buy and Save auction website under the heading "My page". The proof of purchase proves the acquisition of the item and shall be presented to the vendor when collecting the item. All delivery arrangements must be made with each vendor. Delivery may involve additional costs beyond the winning price and is negotiated separately between the buyer and the vendor.
If you as a buyer do not meet these requirements, including the obligation to pay the entire winning price within 72 hours after the end of the auction, the vendor is able to cancel the purchase. In that case, you will be required to pay interest and legal fees and expenses that occur in connection with recovery of these amounts. The newspapers and the vendor can choose to offer the item for sale again or sell it privately and hold the buyer responsible for costs and losses that affects the newspapers or the vendor.
As stated in these rules, all sales are final. But if an item at Bid Buy and Save is not correctly presented, a refund can be made. You may not collect your item to be entitled for refund through Bid Buy and Save and you must submit your request within forty-eight (48) hours after you have paid. Please read more in the 'Contact us' link for information on where to send your request. We will only notify you via email about the status of your refund once we have received, reviewed and processed your request. You can expect a refund in the same form of payment used in the original payment within 7-14 business days after we have received and accepted your request. If more than 48 hours has elapsed since the acquisition, or if you already have collected the item the request of refund must be sent to the vendor directly.

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Privacy Policy

To place a bid you must be registered. The registration requires your full name, address, phone number and email address. This information will be used to contact you in case you are the winning bidder. The information will also be served to Messenger and the vendor selling the item. You log on to the auction website with your email address and password. Each bidder also gets a unique username (alias), which gives you the opportunity to follow the bids of the auction site. NOTE! Your username (alias) can, under certain circumstances be identified by other participants in the auction. The potential for this to happen, however, is insignificant. If you do not wish to be identified, you should not participate in the Bid Buy and Save auction.
When you fill out the registration form, you can voluntarily choose if you want to receive further promotional offers. By checking the box you will receive promotional offers from the vendors supplying items for which you have bid, and/or Messenger, and /or event sponsor Wendy's.
Those who register are also asked to provide information about age and sex, and some additional questions. This information is gathered and used exclusively for statistical purposes.
When payment for a winning bid is done, additional information such as credit card number is requested from the bidder. This information is only intended to give the bidder the option to pay for the item. Credit card information is not stored on Bid Buy and Save after the transaction is complete.
All information collected is only intended for Messenger and the vendor's relevant to your bids. Information will be communicated to third parties without a written consent.

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