Tuit Bids Terms and Conditions (amended)

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy which include those terms and conditions expressly set out below. Your participation in and use of this auction site is subject to the following terms and conditions.

Terms and Conditions

THIS AGREEMENT is a legal document that sets out your rights and obligations in respect of the services offered by Tuit Bids Pty Ltd (“Tuit Bids”). 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.

This Agreement shall be governed by the laws in force in the State of Victoria from time to time and the courts of Victoria shall have the exclusive jurisdiction to hear any dispute between the parties. In the event of any part of this Agreement being or becoming void or unenforceable then that part shall be severed from this Agreement to the intent that all parts that shall not be or become void or unenforceable shall remain in full force and effect and be unaffected by any severance.

By accessing and using this site you agree to be bound by the Terms and Conditions of this agreement. Tuit Bids may amend this agreement at any time in Tuit Bids’ absolute discretion by posting the amendments to the terms on Tuit Bids’ site.

1.0 General

1.1 All information, text, material, graphics and advertisements on this site are protected by Australian and International copyright and trademarks.

1.2 This site contains hyperlinks and other pointers to Internet websites not operated or provided by Tuit Bids. Linked websites are not under the control of Tuit Bids. Tuit Bids is not responsible for information and or representations contained in linked websites. Tuit Bids does not endorse or warrant any statement, representation made by or product or service contained on or advertised by any website linked to Tuit Bids. You link to any such website at your own risk.

1.3 Tuit Bids relies on your continued observance of the Terms and Conditions. If Tuit Bids suffers loss and/or damage or incurs any costs in connection with any breach of the Terms and Conditions you agree to indemnify Tuit Bids, its assigns and successors for those losses, damages and costs.

1.4 Unless otherwise stated, products which are for auction on this site do not belong to Tuit Bids. Tuit Bids does not make any representations as to the condition, functionality, purpose, merchantability or otherwise of any item listed on the site.

1.5 Tuit Bids warrants that the products auctioned through this site will correspond to the description given of the products. Tuit Bids expressly excludes all other representations and warranties, expressed or implied, in respect of the products and to the extent permitted by law Tuit Bids specifically disclaims any implied warranties of title merchantability and fitness for a particular purpose for the products sold on this site.

1.6 Products auctioned through this site are governed under the terms and conditions of the suppliers and all expiry dates of given auctioned products/vouchers are detailed under the suppliers terms and conditions. Tuit Bids will not be responsible for any products/vouchers not used prior to the product/vouchers expiry date.

1.7 Any information that Tuit Bids sends to you in respect of your transactions on the site does not represent an endorsement, warranty or guarantee of the products auctioned on the site.

1.8 Tuit Bids does not guarantee a continuous uninterrupted or a secure access to Tuit Bids’ site.

1.9 In no event shall Tuit Bids be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with Tuit Bids’ site, Tuit Bids’ services or this agreement, however arising.

1.10 Tuit Bids is not liable for your actions on Tuit Bids’ site. You agree and warrant to act in a lawful manner and in accordance with the laws that apply to you.

1.11 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationships exists between you and Tuit Bids.

2.0 Breach of Agreement

2.1 Tuit Bids relies on the information provided by you to register on this site. You breach this agreement if you:

1. have engaged in fraudulent activity in connection with Tuit Bids’ site;

2. provided any information that may be false, inaccurate or misleading;

3. have contravened any law, statute, ordinace or regulation;

4. introduced viruses, Trojan Horses, time bombs, easter eggs, worms or cancelbots that may detrimentally interfere with, modify, surreptitiously intercept, damage, delete, access without authority or expropriate any system, data or personal information on the site;

5. create a liability for us or cause us to lose the services of Tuit Bids’ ISPs or other suppliers.

2.2 You breach this agreement if you fail to complete all transactions entered into by you.

2.3 You breach this agreement if you use any device, software or routine to bypass interfere or attempt to interfere with the proper working of Tuit Bids’ site or any transaction being conducted through Tuit Bids’ site.

2.4 You breach this agreement if you take any action that imposes an unreasonable or disproportionately large load on Tuit Bids’ infrastructure.

2.5 You breach this agreement if you copy, reproduce, alter, modify, create derivative works, or publicly display any content from Tuit Bids’ site without the prior express written permission of Tuit Bids or an authorised third party.

2.6 You breach this agreement if you do not comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Tuit Bids’ service and your bidding on and purchase of items. You must ensure that you comply with all applicable laws. Tuit Bids does not accept any responsibility for confirming that your activities are lawful.

3.0 Remedies

3.1 If you do not perform or comply with any obligation under this agreement Tuit Bids is entitled remedy your breach and to recover damages for loss caused by your breach of the agreement by:

1. issuing a warning to remedy your breach;

2. suspending (either temporarily or indefinitely) your registration;

3. refusing to provide Tuit Bids’ services to you;

4. terminating your account; and

5. suing you for loss and damage.

3.2 You agree to indemnify Tuit Bids and as applicable Tuit Bids’ officers, directors, agents and employees from any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitor’s fees made to any third party due to or arising out of your breach of this agreement.

4.0 Privacy

4.1 The information that you provide to Tuit Bids in the registration or bidding process is subject to Tuit Bids’ privacy policy. Tuit Bids’ privacy policy is incorporated into this agreement. By entering a bid you acknowledge that you have read and accepted the terms and conditions of Tuit Bids’ privacy policy.

4.2 Tuit Bids reserves the right to publish the name of the successful bidder on its site and other promotional material.

5.0 Auction Terms and Conditions

These Auction terms and conditions are incorporated into this agreement. By entering a bid you acknowledge that you have read and accepted the Auction terms and conditions.

6.0 Definitions

“Tuits” are the Tuit Bids’ currency and are valued 1:1 compared to the Australian Dollar.

“Tuits per Bid” (Administration and Handling Fee) means the fee that is paid for each Bid that is only refundable if an auction is cancelled as in Section 8.4 hereunder

“Agreement” means the terms and conditions contained in this agreement and Tuit Bids’ Privacy Policy

“Auction Variables” means the Required Bids, Maximum Bid, Maximum Number of Bids, Administration and Handling Fees.

“Tuit Bids Unique Auction” means the specific auction format described in this Agreement;

“Gumby Auction” means a specific type of Tuit Bids Unique auction which is only open to members whom have not won a Tuit Bids Unique Action in the past.

“Bid” means an offer by a specific Bidder to pay a specific Bid Amount for a product or service in a Tuit Bids Auction that is accepted by Tuit Bids;

“Member” means a natural person or legal entity who is not under any legal disability to enter into a legally binding contract;

“Bidder” means a Member who has submitted a specific Bid Amount for a product or service in a Tuit Bids Auction that is accepted by Tuit Bids;

“Bid Amount” means the value in “Tuits” bid for a particular item in a Tuit Bids Auction;

“Bid Increment” means the amount that is permitted by Tuit Bids to separate possible Bid Amounts;

“Item” means one unit/package of a particular product/service on offer for a specific Tuit Bids Auction.

“Maximum Bid” means the maximum Bid Amount, as determined by Tuit Bids that can be made in a specific Tuit Bids Auction;

“Remaining Bids” means the number of bids remaining for a specific Tuit Bids Auction until it closes;

“Bids per Member” means the number of bids each member can place on this specific Tuit Bids Auction;

“Bids Left” means the number of bids you as a member have remaining on this specific Tuit Bids Auction;

“Qualifying Unique Bid” means the highest unique bid;

“Selected Bidder” means the Bidder that is determined by Tuit Bids to have the right to purchase a specific product/service on a Tuit Bids Auction;

“Start Date” means the date on which an upcoming Tuit Bids Auction will commence to accept bids in respect of a nominated Tuit Bids Auction

“Unique Bid” means a bid that is different from any other bid amount for that specific auction.

“Reward Points” are points earned by members for use within Tuit Bids Reward Auctions.

“Tuit Bids Reward Auction” means a traditional style auction where the highest bidder at the close date of the auction is the winner.

7.0 Membership

It is free to join as a member of Tuit Bids to any person over the age of 18 years.

7.1 Purchasing & Expiry of Credit (Tuits)

Members can purchase credit using Paypal credit services. When a member purchases credit, the credit will be held in trust until it has been used to place bids or until the members account has remained inactive for 6 months or longer. If the account has been inactive for 6 months or longer, Tuit Bids Pty Ltd reserves the right to expire the credit with no refund.

7.2 Withdrawing Credit

A Member may withdraw the remaining credit (Tuits) from their account unless the credit has expired as in clause 7.1 above. Reward points are not refundable and have no monetary value. To request the withdrawal of credit from a members account, the member must submit a written request to Tuit Bids via admin@tuitbids.com.au using their registered email address. Any bonus Tuits provided by Tuit Bids will not be refunded and will be deducted from the members account balance before the refund is calculated. A $5 administration fee will be deducted from the members refund to cover the cost of fees associated with the Paypal transactions. If the members account balance is below $5 a refund will not be possible and Tuit Bids recommends that the member uses their remaining balance on further bidding. Payment of the refund will be via Paypal transfer using the members registered email address (unless otherwise notified). Refunds can take up to 14 days to be processed.

7.3 Cancelling Membership

Members may cancel their membership at any time provided they do not have any bids placed on active auctions. Please submit your request in writing to admin@tuibids.com.au with Cancel Membership in the subject line. Any remaining balances will be refunded following clauses 7.1 and 7.2 above. Any remaining reward points will be forfeited.

8.0 Tuit Bids Unique Auction

8.1 Declaring a Unique Auction

For each specific Tuit Bids Unique Auction, Tuit Bids will determine the following

1. If the Unique auction will be a "Gumby Auction" or a Standard Tuit Bids Unique Auction

2. the product or service being sold;

3. the maximum bid amount;

4. the maximum number of bids that will be accepted

5. the maximum number of bids that each member can place (if limited)

6. the start date of the auction;

7. the administration and handling fee payable on each bid (Tuits per Bid);

8. the bid increment;

9. the number of reward points allocated for each bid placed.

8.2 Accepting a Bid

Tuit Bids will accept a bid if:

1. the bidder is a registered member of Tuit Bids Auctions;

2. payment of the Tuits per Bid fee can be deducted from the members account;

3. the bidder still has "bids left" to place the bid on the auction

4. the bidder has not breached any terms and conditions of this agreement.

8.3 Unique Auction Consecutive Tuits per Bid Discount

Tuit Bids will provide the bidder with a discount for each Consecutive bid a member makes on a specific Unique Tuit Bids Auction. This discount is cumulative and will be provided on the next 4 bids additional bids made on a specific auction after the initial bid. The Standard Consecutive bid discount is 5%, so therefore the initial Tuits per bid would be at full value, the 2nd bid would be 5% less than the 1st, the 3rd bid would be 5% less than the 2nd and so on until the bid reaches the 5th bid where the bid price will be fixed for all remaining bids made.

8.4 Placing multiple bids

Bidders may only bid the number of times as indicated by the "Bids left" counter unless the Bids per member is listed as unlimited then a member can bid as many times as they wish on the unlimited unique auction as long as the bidder meets the requirements under section 8.2 above. For each sucessful consecutive bid place the member will be entitled to the discount as in section 8.3 above

8.5 Concluding the Unique Auction

A Tuit Bids Unique Auction shall close and the successful bidder shall be declared by Tuit Bids when the required number of bids for the auction has been reached;

8.6 Cancelling a Unique Auction

A Tuit Bids Unique Auction can be cancelled at the sole discretion of Tuit Bids. In the event of a specific Unique Auction being cancelled Tuit Bids will refund all administration fees (Tuits per Bid) placed on the specific Auction to the specific bidders member account.

8.7 Declaring a Successful Bid

1. the bidder that submits the highest qualifying unique bid accepted by Tuit Bids will be declared by Tuit Bids as the successful bidder; (for an example of a “highest qualifying unique bid” see the example below)

2. in the event that there is no highest qualifying unique bid then the successful bidder shall be declared by determining the first placed highest bid from the highest two bids.
   
   Should there be no highest two bid amounts then the first placed highest bid amount from the highest three bids shall be declared the successful bidder. This procedure will be repeated until a successful bidder is determined.

9.0 Product or Service Delivery

9.1 The successful bidder will receive an email notification within 48 hours of the close of an auction. The bid amount will automatically be deducted from the members account if the funds are available.

9.2 If the funds are not available the successful bidder will receive an email notification informing the bidder that they have insufficient funds available in their members account. The bidder must deposit the bid amount into their members account within 10 days or they will forfeit the option to purchase the product/goods for the winning bid value. Members can email admin@tuitbids.com.au and request an extension to this time frame; however it is at Tuit Bids discretion as to whether Tuit Bids will permit the extension.

9.3 Unless otherwise stated goods are delivered within Australia ONLY and are shipped free of charge and are insured by Tuit Bids for damage/loss in transit.

9.4 In the event that delivery charges are applicable to a particular good or product being auctioned Tuit Bids will advertise the anticipated delivery charge on the auction page.

9.5 Within 10 working days of the bidder’s funds being deducted from their members account, Tuit Bids will deliver the goods to the successful bidder using the information obtained from the members account details. Delivery details can be obtained from the “My Winnings” section within the members account.

9.6 Tuit Bids may not be the supplier of the products and or services. Delivery of the product and or service may be made directly from the suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this Agreement.

10.0 Donation to Charity

10.1 If a member forfeits the option to purchase (see section 9.2 above), the retail value of the auction will be donated to the charity of Tuit Bids choice. Donated Auctions can be viewed in the Donated to Charity section of the Tuit Bids site.

10.2 If a member wishes they can email admin@tuitbids.com.au and request for their winning auction to be paid to a charity. If this occurs the member will forfeit their chance to purchase and the Auction will be donated to charity as in section 10.1 above.

10.3 Members are welcome to suggest suitable Charities; however, it remains in the sole discretion of Tuit Bids if Tuits bids wishes donate to the suggested charities

11.0 Reward Points

Members can earn reward points in recognition of service for staying with and using Tuit Bids services. Reward Points can also be earned by introducing new members to Tuit Bids and those members using the Tuit Bids services. Reward points are not refundable or redeamable in any way for cash.

12.0 Reward Auctions.

Reward Auctions are Tuit Bids’ way of saying Thank-You to those members who promote the Tuit Bids site to other and who use the service of Tuit Bids.

12.1 Declaring a Reward Auction

For each specific Tuit Bids Reward Auction, Tuit Bids will determine the following

1. the product or service being sold;

2. the start date and end date of the auction;

12.2 Accepting a Bid

Tuit Bids will accept a bid if:

1. the bidder is a registered member of Tuit Bids Auctions;

2. the member has enough reward points in their members account to place the required bid. (Reward points will be deducted once the bid has been placed)

3. the bidder has not breached any terms and conditions of this agreement.

12.3 Concluding the Reward Auction

A Reward Auction shall close when the close date for the reward auction has been reached and the successful bidder shall be declared by Tuit Bids.

12.4 Declaring a Successful Bid

A successful bid on a reward auction is the member who submits the highest bid as with any traditional Auction.

12.5 Being Outbid

If a successful bid by a member is outbid by a competing member, then the loosing member will receive an email informing them that they have been outbid and the reward points bid will be added back to their members account.