1. Acceptance of Terms: These txturbid Terms are the terms and conditions that govern your participation in txturbid auctions. By participating in a txturbid auction, you accept these txturbid Terms. You should read them carefully before participating in a txturbid auction.

2. Definitions: In these txturbid Terms: we, us and our refers to mBill Pty Ltd. Your means you, the individual bidder participating in a txturbid auction. A txturbid auction may make one or more Items available for sale.

Item means a product that is available for sale by way of reverse auction through txturbid.

txturbid auction means an SMS reverse auction facilitated by us in which you may bid, via SMS, for one or more Items that are available for sale via reverse auction.

txturbid Website means our website at www.txturbid.com.

3. Variation of txturbid Terms: We may vary these txturbid Terms from time to time without notice to you, by publishing amended terms on the txturbid Website. Such amended terms will apply to all txturbid auctions starting after the date of publication. We reserve any rights not expressly granted in these txturbid Terms.

4. Your eligibility and warranties: You are not eligible to bid in a txturbid auction if you are an employee, contractor or officer of us or our suppliers (including suppliers of Items and media services). You warrant that:

(a) you are legally allowed to purchase the relevant Item and that we are legally allowed to sell you the Item;

(b) if you are under the care of a legal guardian or parent, you have sought permission from them before bidding in a txturbid auction;

(c) you are the owner of the relevant mobile phone account or you have obtained the permission of the mobile phone account owner before using the relevant mobile phone to bid in a txturbid auction; and

(d) all information provided by you to us is accurate.

(e) (USA only) you are over the age of 18.

5. txturbid 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 txturbid auctions in accordance with these txturbid terms. We reserve the right to withdraw an Items from sale at any time.

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

7. Auctions: txturbid auctions will be conducted, and Items will be sold through txturbid as follows:

(a) We will specify the start time and end time for a txturbid auction (auction period) .

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

(i) sent by you via SMS to the txturbid service number;

(ii) received by us during the auction period;

(iii) as specified in the instructions for participating in a txturbid auction and in any supplementary 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 auction rules (minimum bid amount); and

(vi) sent in circumstances which comply with these txturbid Terms.

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 txturbid auction, the winning bid will be an eligible bid that is the lowest unique bid at the end of the 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 auction period.

(d) Where multiple Items are made available for sale through a single txturbid 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 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 within 30 days from the end of the auction period.

8. Winning bidder to pay for Item: 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 30 days from the end of the auction period. You do not have to buy the Item. If you do not buy the Item within the 30 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.

9. Substituted Items: If an Item is not accurately described by us or is unavailable at the end of the 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.

10. 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.

11. 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 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 30 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.

12. Bidding Fees: We will charge you a fee for each bid you make by submitting an SMS message to the relevant txturbid 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 auction rules, the bidding fee will be $3.00 per bid inc GST (Australia) or $0.99 (USD) per bid (USA). The bidding fee will be charged to your mobile phone account when you send the bid. Bidding fees are not refundable.

13. 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.

14. Exclusions of warranties:

(a) All Items will be offered for sale through txturbid 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.

(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 txturbid 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 txturbid 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 txturbid 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 unauthorised access to your information. You accept the risk that data transmitted by SMS may be intercepted or accessed by unauthorised third parties and may be exploited unlawfully by such third parties.

15. Privacy and confidentiality of your information: You acknowledge and agree that by your participation in a txturbid 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.txturbid.com. By accepting these txturbid 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 unauthorised access to it.

16. Implied terms: The only terms implied or incorporated into these txturbid 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 (Cth) 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.

17. 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 txturbid auction or our refusal or failure to recognise, process, consider or accept your bid in a txturbid 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.

18. Cap on liability: Despite any other provision of these txturbid Terms, to the extent legally permitted, our total aggregate liability to you in connection with your participation in a txturbid auction (including our refusal or failure to recognise, process, consider or accept your bid in a txturbid auction) is limited to the cost of your last bid in that txturbid auction.

19. Governing Law:
USA Customers: These txturbid Terms and any disputes arising under them or otherwise in relation to txturbid or your participation in a txturbid auction are governed by and construed in accordance with the laws applying in the USA. The parties hereby irrevocably submit to the jurisdiction of the Courts in the USA.
Other Customers: These txturbid Terms and any disputes arising under them or otherwise in relation to txturbid or your participation in a txturbid auction are governed by and construed in accordance with the laws applying in Queensland, Australia. The parties hereby irrevocably submit to the jurisdiction of the Courts in Queensland, Australia.

20. Currency: All references in these txturbid Terms to money are to Australian dollars and cents unless marked otherwise.

21. Severance: If any part of these txturbid Terms is held invalid, unenforceable or unlawful in any jurisdiction, that part is deemed to be deleted only in the relevant jurisdiction and otherwise the terms continue in full force.