Esuga Terms & Conditions Of Use          

General (All references to $ or values are in Australian Dollars AUD$)

1. This is a contract between you (the bidder) and eSuga.com.
   
2. This Agreement governs both your legal rights with regards to eSuga.com the business as well as your use of our website. You openly and unconditionally agree to be bound by the terms and conditions of this Agreement each time you access our website. If you do not wish to be so bound, please do not use or access our website.
   
3. We may amend this Agreement at any time by posting the revised terms on our website. A notice may be posted on the homepage of our website when such changes occur. Such changes become effective at the time as specified in the notice.
   
4. eSuga.com provides an online reverse auction service to its users. The items offered through these auctions are for brand new name-brand products unless otherwise specified.

Bidding

1. Before each Auction, eSuga.com at it's sole discretion will determine the maximum Bid and/or Minimum Bid amount for each Auction and the Maximum Number of Bids that will be accepted for the Auction. This price  and number of bids will be displayed for each Auction.
   
2. Participants in the Auction will submit Bids in Australian Dollars (AUD$ or AU$) less than or equal to the Maximum Bid Amount or more than or equal to the minimum bid amount in Australian Dollars and cents and will pay an administration and or registration fee ("Bidding Fees") in Australian Dollars for each Bid submitted.
   
3. You cannot place a Bid in an auction any higher than the Maximum Bid Amount or lower than the minimum bid amount for that auction.
   
4. Each Auction is independent of all other Auctions and is for only one product and/or service and every Auction will have a Unique Auction number.
   
5. Each Auction will close when the maximum number of bids have been accepted.   The listed close date or expiry date is a guide only and may be extended if the maximum number of bids has not yet been received.    After the Auction closes the Participant that submitted the winning Bid is determined. The Winning Bid is the lowest unique Bid for the offered item out of all Bids received for the Auction. A unique Bid is a Bid that is not identical to any other Bid submitted in that Auction.
   
6. Once identified, the successful participant in an Auction is extended an offer to obtain the product and/or service for the Successful Bid Amount submitted by them in that Auction, as described herein this User Agreement.
   
7. eSuga.com's auctions are conducted as "blind auctions". Which means bids placed by members are not revealed to other members through the Service until after the close of each auction when the winning lowest unique bid will be announced.
   
8. eSuga.com welcomes bidding by persons who are not residents of Australia.  Foreign winners will be provided with cash or gold bullion equivalent to the retail price listed for the item, less a 15% administration fee.

Product Shipping

1. eSuga.com uses the address you have entered in your account profile when establishing delivery of auction products. You understand and agree that eSuga.com is not liable for errors in your address and that you are responsible for maintaining a correct address in your account profile. Likewise, you understand and agree that eSuga.com has no control of 3rd party shippers and as such, eSuga.com is not responsible for late or missing deliveries. Again, eSuga.com may assist you with such issues but eSuga.com is under no obligation to do so.
   
2. After receiving payment for the Successful Bid from the Successful Participant eSuga.com will ship or deliver the product and/or service via methods described herein this User Agreement, to the address contained in the Successful Participants Member profile at the time the Bid was submitted and accepted by eSuga.com.
   
3. Unless otherwise specified eSuga.com may only allow up to a maximum amount in the value of each item for the purposes of covering delivery and or insurance costs and methods (This amount at the sole discretion of eSuga.com.)  If delivery to you costs more than the eSuga.com allowed amount, you will be required to pay any additional amounts required for shipping and/or insurance.
   
4. eSuga.com will ONLY ship items to Australian addresses and will NOT ship items outside of Australia but will instead provide foreign winning bidders with a cash or gold bullion equivalent to the retail price listed for the item, less a 15% administration fee
   
5. Auction winners who reside outside of Australia will be provided with cash or gold bullion equivalent to the retail price listed for the item, less a 15% administration fee.
   
6. Any taxes, levies or charges applicable where they may live on any winning item remain the sole responsibility of the Successful bidder.

Registration

1. To use our Service, you must first register with eSuga.com. By registering your account with eSuga.com you represent that, you are at least 18 years old and that, to the best of your knowledge and belief your registration information is honest, accurate, and complete. A user name and password will be chosen by you. You are responsible for maintaining the privacy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe that others are accessing your account. Each user must register separately. You will not allow your user name and password to be used by any other person. Only one (1) user account per individual is permitted. Multiple user accounts held by a single member will be deemed void and ineligible to win any auctions on the website.
   
2. eSuga.com welcomes registration by persons who are not residents of Australia.  Foreign winners will be provided with cash or gold bullion equivalent to the retail price listed for the item, less a 15% administration fee.

Products

1. eSuga.com makes no warranty that the retail price listed of any item will necessarily be the actual retail price of the item as listed by the manufacturer.
   
2. eSuga.com is not affiliated with any of the listed merchants on the Web Site. The merchants listed anywhere on eSuga.com do not endorse or sponsor the eSuga.com auctions or any activities associated with it, unless expressly noted. These merchants are not liable for any claims, alleged or actual, related to this offer. The merchant names, designs and related marks are registered trademarks of their respective owners.
   
3. eSuga.com does not warranty the quality or functionality of an auction product in anyway and you understand that you may make no claim against eSuga.com for any problems that may occur with an auction product. You understand that in such a case your claim is against the manufacturer of the product. eSuga.com may assist you with such issues but are under no obligation to do so.

Auctions

1. If an auction fails to close eSuga.com reserves the right to cancel the auction.
   
2. Bidding continues on an auction until it either closes or is canceled. In order for an auction to close the maximum number of bids must have been reached AND a unique bid must have been identified as the winning bid. A unique bid is the lowest unduplicated bid in the auction.
   
3. In the case of the winner residing in Australia, within 30 days of receipt of payment from the winner, eSuga.com will have the product shipped or delivered via whatever means eSuga.com determines as the most direct, cost effective and reliable. eSuga.com will use the address as listed in the winner's account profile at the time of auction close. eSuga.com will require a signature at the time of delivery for all products. In some cases, where a product is a custom ordered product, shipping and delivery may take additional time. eSuga.com will notify the winner of the auction item about any delays in shipping the product.
   
4. In the case of the winner not living in Australia, within 30 days of receipt of payment from the winner, eSuga.com will arrange for the payment of the retail price less a 15% administration fee via whatever means eSuga.com determines as the most direct, cost effective, and reliable. eSuga.com will use the address as listed in the winner's account profile at the time of auction close. eSuga.com will require a signature at the time of such payment being received by the winner. In some cases, where a payment method is negotiated, payments may take additional time. eSuga.com will notify the foreign winner of the auction item about any delays in making payment.

Product Availability

1. You understand that an auction can take place over a long period of time. While eSuga.com will make reasonable attempts to ensure that an auction product will be available at the time of auction close. You understand and agree that eSuga.com has no control over whether the manufacturer or distributor of an auction product may discontinue that product, thereby making the auction product unavailable at auction close. In such a case you understand and agree that eSuga.com, at its discretion, may cancel the auction and offer the winner a comparable product of equal or greater value or offer the winner of the auction a cash voucher with the manufacturer or distributor that is comparable in value to the original auction product, less a 15% administration fee.

Free Auctions

1. eSuga.com offers both fee-based auctions and free auctions as part of our Service. To participate in a fee-based auction you have to pay to enter the auction. To participate in a free auction you can use your accumulated eSuga.com Free Credits.
   
2. You receive 1 eSuga.com Free Credit when you register with eSuga.com.
   
3. You receive 1 eSuga.com Free Credit for each friend you refer who registers with eSuga.com AND enters a fee-based auction. To receive your eSuga.com Points your friends must identify you as the person who referred them either by entering your email address when registering or replying to link marked with your referral code.
   
4. You receive 1 eSuga.com Free Credit each time your referral enters a fee-based auction
   
5. If you compile 15 free bid credits you may exchange them for one(1) fee based auction bid.
   
6. Free auctions function identically to fee-based auctions with the following exceptions: a) Free auctions require no payment to enter, hence the term, "free auction".
   b) Unlike a fee-based auction where you win the right to purchase the product for your bid price, when you win a free auction you simply receive the product.

Free Use Of Winners Details

1. You agree that if you are the winner of any auction/s at any time, eSuga.com reserves the right to use you, your winning item, your name and/or your photo or likeness, your state/province and your country location ONLY in promotional exercises undertaken for or on behalf of eSuga.com, and that you will be required to supply any such reasonable information or assistance required that eSuga.com may deem necessary for this purpose and that any item and/or cash equivalent can and will be withheld until you comply with such requirement.

Cancellation policy

If a fee-based auction does not close for whatever reason eSuga.com may cancel the auction. If eSuga.com cancels an auction the following actions will be taken:

1. The Bidding fee will be credited back to each particular bidder's account.

2. All eSuga.com free credits you accumulated for that auction will remain yours to keep and use in the free auctions.

3. eSuga.com will list the auction as "cancelled" on our website for a period of 20 days from date of cancellation.

Version 2.0 - 25 August 2008