One Cent Bids is entitled to change these terms and conditions at its discretion.  The new terms and conditions will govern all One Cent Bids Auctions that commence after the time when they are published on the site.   As the terms and conditions may change from time to time, the Bidder should update their knowledge of the terms regularly. 

1.  Definitions

"Admin Fee" means Administration and Handling Fee.
"Agreement" means the terms and conditions contained in this agreement, including Frequently Asked Questions.
"Bid" means an offer (which has been accepted by One Cent Bids) by a specific Bidder to pay a specific Bid Amount for a product or service in a One Cent Bids Auction.
"Bid Amount" means the offer (in Australian Dollars) that a Bidder bids for a particular item in a One Cent Bids Auction.
"Bid Increment" means the amount that is permitted by One Cent Bids to separate possible Bid Amounts if and when applicable.
"Bidder" means a Member who has placed a specific Bid Amount (which has been accepted by One Cent Bids) for a product or service in a One Cent Bids Auction.
"Item" means one unit/package of a particular product/service on offer for a specific One Cent Bids Auction.
"Lowest Unique Bid" means the lowest bid (closest to zero dollars) which is unmatched by any other Bidder.
"Member" means a natural person or legal entity that is not under any legal disability to enter into a legally binding contract
“OCB” means One Cent Bids.
"One Cent Bids Auction" means the specific auction format described in this Agreement;
"Required Number of Bids" means the number of Bids that are required in order to close/finish an auction.
"Successful Bidder" means the Bidder that is determined by One Cent Bids to be offered the right to purchase a specific product/service on a One Cent Bids Auction.
"Beginner's Auction" means a designated auction(s) for members who have not won any auction in the past.  If a previous winner makes a bid on these auctions, their bid(s) will be cancelled and the Admin Fee will NOT be refunded.
"Unique Bid" means a bid that is different from any other bid amount for that specific auction, but it is not necessarily the “Lowest” Unique Bid.

2.  Making a Bid

1. A Bidder must not in any circumstances disclose details of their Bid to any other person before the Closing Date.  In particular, a Bidder must not collude or enter into any arrangement of any sort with any other Bidder(s). 
2. In order to make a Bid, a Bidder must be aged 18 or over and entry of a Bid is on the basis that you are aged 18 or over, and are a current Member of One Cent Bids AND are legally capable of making a bid.
3. A Bid is only considered accepted once payment of Administration Fee has been physically recorded as a received payment in the One Cent Bids system.  Approved credit/debit card payments through PayPal for the purchase of Credits to be used as payments for the Administration Fees are automatically recorded as received payments once payment has been confirmed through our payment gateway. 
4. One Cent Bids reserves the right to cancel any Bid without making a refund of the applicable Administration Fees under any one or more of the following circumstances:
   1. The Bidder provides any false, misleading or invalid information of any kind when registering or purchasing Credits or when placing a bid. 
   2. Where fraudulent activity is suspected.
   3. A fraudulent credit card is used to purchase Credits to pay for the relevant Administration Fee. 
   4. The bank or other credit institution reverses the credit card transaction for the purchase of Credits for the submission of the Administration Fee. 
   5. A Member co-operates/colludes in any way with another Member when placing a Bid. 
   6. Any other breach of this agreement. 
5. One Cent Bids reserves the right to close or suspend an account and refund any monies held, without the need to give a reason.
6. Any amount mistakenly credited to a bidder’s account remains the property of One Cent Bids.  Such funds will be withdrawn from the bidder’s account and they will be notified of the transaction.

7.     One Cent Bids reserves the right to cancel any Bid and offer a refund of the applicable Administration Fees in Credits to the Members Account under any one or more of the following circumstances:

1. If the Required Number of Bids has not been reached and the auction cancelled. 
1. One Cent Bids shall not be liable for any causes preventing the receipt of bids for any reason, including but not limited to failure of the hardware or software providing access to the Internet or any other technical difficulties whatsoever. 

3.  The Bid Process

1. A One Cent Bids Member may select to place a bid on any of the Auctions in process by clicking the �Bid Now� button on the Auction lot. 
2. A Member who intends to submit a bid will be charged the Admin Fee for placing each Bid on each Auction item which is payable at the time of submitting the bid from the Member account. 
3. By placing a bid and paying the Admin Fee, the Member acknowledges that he or she understands how it works and abides by the One Cent Bids Terms and Conditions. 
4. The Admin Fee is only refundable in the case of the relevant Auction being cancelled.  The Admin Fee and any deposits made to One Cent Bids are non-refundable. 
5. The Bid Amount is the value of the bid that the Member submits and this amount is only payable after the conclusion of the relevant Auction by the Successful Bidder. 

4.  Determinations of the Successful Bidder

1. The Member that places the Lowest Unique Bid is deemed the Successful Bidder for that particular One Cent Bids Auction Item thereby having the right to purchase the particular product for the amount of the Lowest Unique Bid. 
2. Should there be no successful Lowest Unique Bid then the Successful Bidder will be selected from the lowest Bid with exactly two Bids.   The Successful Bidder will be the one who placed their Bid first (chronologically).   If there is still no result then the process is repeated for the lowest Bid with exactly three Bids and so on until there is a Successful Bidder. 
3. Should the Successful Bidder fail to pay for the product /service within 30 days of the Closing Date then the right to purchase the product or service at the Successful Unique Bid will be forfeited.   The right to purchase the product or service will then be offered to the 2ND Lowest Unique Bid. 
4. Although results are usually automatic, there may be a period of up to 72 working hours from the Closing Date until the auction results are announced.  This period is to allow for the reconciliation of Bids and the auditing of results, if required. 

5.  Payment of the Processing Charge

1. The Member warrants that he/she is the owner of the credit/debit card and is authorised to make use of it for the purposes purchasing Credits for participating in One Cent Bids Auctions. 
2. Credit is purchased at a minimum amount of $10 and a maximum amount of $250 per transaction. 
3. One Cent Bids uses one or more third-party payment service providers for the acceptance of payments for One Cent Bids Auctions, which are all selected with supreme security in mind, including the use of Secure Sockets Layer (SSL) for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password / firewall access controls to this information.   One Cent Bids will not be liable for any compromise or misuse of this information. 
4. Once Credits have been purchased, then any refunds deemed due under these terms and conditions will be refunded in Credits to the Member’s Account.   One Cent Bids will not make any cash refunds under any circumstances. 
5. Neither purchased Credits or promotional Credits can be exchanged for cash or refunded.  They can only be used towards Administration Fees on One Cent Bids Auctions. 
6. In a case where One Cent Bids offers a credit of Administration Fees, the Members Account will be credited with Credits to the amount due, and such Credits may then be used to offset Administration Fees on future One Cent Bids auctions.  

6.  Delivery & Supply of Auction Items

1. The delivery of the product and/or the service to the Successful Bidder is subject to payment in full of the Successful Unique Bid by the Successful Bidder, deducted from the Successful Bidders Member account. 
2. One Cent Bids pays all delivery costs, except any unforeseen circumstances.   Any transfer and/or delivery costs which are payable in addition to the successful Bid will be stated in the particulars of the relevant One Cent Bids Auction, and must be paid by the Successful Bidder.  Note that this will only be a very rare occasion – it is the intention of One Cent Bids to pay all delivery costs, where possible.
3. It should be understood that One Cent Bids is not the supplier of the products/services, and that the products/services may be supplied to Successful Bidders directly from the suppliers and/or the producers and/or the service providers, subject to the conditions stated in this agreement. 
4. Guarantees for products/services will only be provided as stated in the auction description for each particular One Cent Bids Auction (no mention of a guarantee will imply no particular guarantee).  Your statutory rights are unaffected. 
5. Except to the extent that is required by law, One Cent Bids is not responsible for the quality of the product, its fitness for purpose, its faults and/or unsuitability causing loss or damage to the user. 
6. Where an advertised item is not available for any reason, such as (but not limited to) when the item is superceded by a newer model, One Cent Bids will replace this item with another similar item of equal or greater value and quality.

7.  Data Protection and Privacy

1. One Cent Bids acknowledges its duties under the Data Protection Act 1998 as a data controller.  One Cent Bids will not sell personal Bidder information to any third-party, or use that information other than for the performance of this agreement without the express consent of the Bidder. 
2. One Cent Bids may however, disclose such personal information without consent if required to do so by law, or in response to a valid request from a law enforcement or governmental authority. 

8.  Publicity

1. One Cent Bids may, at its sole discretion, release any information concerning the status of a One Cent Bids auction during the course of an auction. 
2. Each Member acknowledges that, if he/she becomes the Successful Bidder, One Cent Bids will be permitted to publicise his/her first name, and location (not their personal address), Bid, and the product /service, which was the subject of the relevant One Cent Bids Auction.  For example - Sally from Rye.
3. One Cent Bids may, at its discretion but is not obliged to, make the Bid of each individual Bidder, or any other information relating to a particular One Cent Bids auction, publicly available after the Closing Date. 

9.  Liability

1. One Cent Bids shall not be liable for any failure to perform its obligations under this agreement caused by matters beyond its reasonable control. 
2. One Cent Bids shall not be liable to any Bidder or Successful Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise). 
3. Nothing in this agreement limits One Cent Bids liability for death or personal injury resulting from One Cent Bids negligence, or any other liability, which may not by law be excluded.  Any statutory rights you may have as a consumer remain unaffected. 
4. One Cent Bids excludes all and any liability whatsoever for any third-party advertising which may appear on this site or with respect to the contents of any third-party controlled website which may be accessed by means of any link from this site and gives no warranty or representation that any such links are virus-free or that the contents of any third-party website are accurate, complete, accessible in whole or in part or are fit for any particular purpose. 

10.  Severance

• If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement, which shall remain in full force and effect. 
• If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.