1. Introduction

1.1. This website at URL address: www.wyngle.com.au (Website) is owned and operated by WYN Factory Pty Ltd (ABN 38 129 136 616) (WYN Factory), located at 233 Pacific Highway North Sydney NSW 2060. Phone: (02) 8415 8929.

1.2. These Terms of Use are important and govern your use of the Website and our trading relationship. Please read them carefully. By using the Website or making purchases on the Website you agree to be bound by these Terms of Use. WYN Factory reserves the right to change these Terms of Use by giving 7 days notice on the Website subject to the approval of the state governing regulatory body where required and by using the Website you agree to be bound by such changes. If you do not agree with the Terms of Use or as amended from time to time please do not use the Website.

1.3. The Website provides you with the opportunity to purchase goods or services from third party merchants (Wyngle Offers) using the WYN Factory patented Wyngle Ratio Engine (which is explained in further detail in clause 4 - Wyngle Ratio Engine). These Wyngle Offers relate to goods or services provided by third party merchants (each being a Merchant) and are subject to the Merchants' additional terms and conditions as well as these Terms of Use.

1.4. You warrant and represent that you have the legal right and ability to enter into legally binding agreements with WYN Factory and any Merchants. You must be at least 18 years of age or have the consent of a parent or guardian to enter this agreement.

1.5. If you are using the Website on behalf of a company or other legal entity, you warrant and represent that you are authorised to use this Website for and on behalf of the company or other legal and that you are authorised to bind such company or other legal entity to these Terms of Use.

1.6. To report any problems regarding the Website, please contact WYN Factory at wyngle@wyngle.com.au.

2. Privacy Policy

2.1. The WYN Factory Privacy Policy (available on the Website) is incorporated into and forms part of these Terms of Use.

3. Intellectual property rights

3.1. WYN Factory is the owner of all right, title and interest (including present and future copyright) in the Website.

3.2. All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by WYN Factory, its related bodies corporate or others who have licensed their material to WYN Factory (unless expressly indicated otherwise).

3.3. For the avoidance of any doubt, the words WYN Factory and Wyngle, and all product and service names, design marks and slogans are the trade marks or service marks of WYN Factory.

4. Wyngle Ratio Engine

4.1. Wyngle Offers for certain goods or services are available for purchase on the Website. Every Wyngle Offer allows certain goods or services to be purchased for $1 ($1 Offer), with the frequency of such $1 Offers being determined by the Wyngle Ratio Engine.

4.2. The Wyngle Ratio Engine relies on both the Wyngle Ratio and the Wyngle Initiator. The Wyngle Initiator will determine when the first $1 Offer will be available, while the Wyngle Ratio determines the frequency of the $1 Offer. If a Wyngle Offer has a Wyngle Ratio of 1 in 3, one $1 Offer will be sold in every three Wyngle Offers purchased. All Wyngle Offers will be allocated in a sequential purchase order with the Wyngle Ratio Engine predetermining the $1 Offer. All purchases will be recorded in detail at the time and sequence order of purchase.

4.3. Please see the below examples which demonstrate when a $1 Offer will be offered for a particular Wyngle Offer (the $1 Offers are highlighted in bold):

4.4. You will have the option to purchase as few or as many Wyngle Offers as you wish, subject to the availability of the relevant good or service as supplied by the Merchant. In Example 1, if you purchase 3 Wyngle Offers in a single transaction, at least 1 of those Wyngle Offers will be guaranteed to cost $1. In Example 1, if the first user purchases 5 Wyngle Offers in one transaction, two of those Wyngle Offers will cost $1. Following Example 1 further, if a second user then purchases 5 Wyngle Offers in one transaction, one of those Wyngle Offers will cost $1 and if a third user then purchases just one Wyngle Offer, that Wyngle Offer would cost $1.

4.5. All $1 purchases will be published on the wyngle.com.au website located in the 'Recent Winners' dial.

4.6. At the end of the lottery, unless due to fraud and ineligibility under these conditions, all existing claims to prizes and entitlements will be met notwithstanding the fact that the advertised prize pool may have been exceeded.

4.7. Printing errors or other quality control matters outside the control of individual players will not be used as the sole basis for refusing to award a prize.

5. Wyngle Offers and Payment Terms

5.1. When purchasing Wyngle Offers, you must agree and be prepared to pay the maximum amount as advertised for the Wyngle Offer (Full Advertised Price). The actual price paid by you (Wyngle Price) will be determined by WYN Factory's patented Wyngle Ratio Engine (as explained in clause 4 - Wyngle Ratio Engine) and will either be the Full Advertised Price or one (1) dollar. Additional shipping costs may apply to each Wyngle Offer as detailed on the Website.

5.2. When making an order to purchase a Wyngle Offer on the Website, you agree that (a) you are making a commitment to purchase the Wyngle Offer for the Wyngle Price pursuant to these Terms of Use and any additional WYN Factory terms relating to the Wyngle Offer as displayed at the time of purchase (Additional Terms) and any terms specified by the relevant Merchant (Merchant Terms); (b) your nominated credit card will be pre-authorised for the Full Advertised Price and then debited for an amount equal to the Wyngle Price; (c) WYN Factory may, in its sole discretion, accept or reject your order to purchase a Wyngle Offer with or without reason, including (without limitation) any unavailability of any product, any error in your order or any error in the advertised price or description of the Wyngle Offer or if the Wyngle Offer is withdrawn for any reason.

5.3. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will prevail.

5.4. Unless otherwise specified in the Additional Terms, in the event of a conflict between these Terms of Use and the Merchant Terms, these Terms of Use will prevail and in the event of a conflict between the Additional Terms and the Merchant Terms, the Additional Terms will prevail.

5.5. You agree that you are responsible for making your own enquiries with respect to the Merchant Terms that apply to any Wyngle Offers. The Merchant Terms shall solely determine your rights in respect of the goods and services supplied by the Merchant including, without limitation, the delivery or collection arrangements and any express warranties attaching to the Merchant goods and services.

5.6. The following payment process will apply to each of your transactions on the Website: (a) Your credit card is pre authorised for the Full Advertised Price, (b) The transaction is then processed through the patented Wyngle Ratio Engine to determine the Wyngle Price, (c) Your credit card is debited the Wyngle Price (either the Full Advertised Price or one (1) dollar for each Wyngle Offer). (d) You will then be notified of your purchase/s on the Website and via email with all other information relating to the purchase including the price paid.

5.7. If your payment is (a) not received; (b) is declined by your credit card provider; or (c) is not properly completed (including if a purchase confirmation fails to load for any reason), WYN Factory will not hold any Wyngle Offer against your order and you will lose any benefit or discount that may have been applied through the Wyngle Ratio Engine.

5.8. In the event of an error or fault leading to two or more users receiving the same $1 Offer, an investigation will take place to determine the fault. All users acting in accordance with these Terms of Use will have their purchases honoured. If WYN Factory reasonably believes that a particular user is in breach of these Terms of Use, such users will be issued a full refund for their purchased Wyngle Offer/s and, in WYN Factory's sole discretion, the user may be terminated or suspended from using the Website.

5.9. Unless stated otherwise on the Website, you are solely responsible for the delivery, collection or redemption of your Wyngle Offer. You acknowledge that the Merchant, rather than WYN Factory, is the provider of the goods or services with such Merchants being responsible for honouring the Wyngle Offer purchased by you.

5.10. Subject to clause 11 - Disclaimers, warranty exclusions and limitation of liability, you will not be entitled to any full or partial refund, or any credit or other consideration, for the amount paid for a Wyngle Offer.

5.11. WYN Factory has approvals from the relevant Australian governing bodies for the 'Ratio Shopping' concept and has a trade promotion license from NSW Office of Liquor Gaming and Racing under NSW Permit No. LTPM/12/00996.

5.12. WYN Factory is authorised to conduct promotions on the Wyngle website for the amount $100,000 from 15/10/2012 until 14/10/2013, subject to the Conditions of the license.

5.13. The Prizes on offer through this promotion are the products listed on this web site and can be found under the Categories links. The actual Prize is the discount on the Wyngle Offers, which can be calculated by subtracting $1 from the listed price of the relevant Item.

5.14. The estimated total Prize draw available through this promotion is $89,000, assuming each offer is sold through one full ratio sequence during the promotion period.

5.15. At the end of the promotion, any incomplete ratio sequences will cease allowing for new listings and ratio sequences to begin with the approval of a new permit.

6. Your use of the Website

6.1. You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only under these Terms of Use.

6.2. You may use the Website and view and access the Material only for your personal and non-commercial use. Nothing in these Terms of Use or the Website will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of WYN Factory, its related bodies corporate or any third party.

6.3. You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except: (a) as expressly authorised either in the Website or these Terms of Use; or (b) as authorised in writing by WYN Factory.

6.4. You may not use any trade mark or service mark appearing on this Website without the prior written consent of WYN Factory or the owner of the trade mark.

6.5. You must not use any so-called spider or similar automated software or device to use or access the Website or the Materials in any way.

7. Your responsibilities

7.1. You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use.

7.2. It is your responsibility to ensure that your use of the Website complies with the Terms of Use and to seek prior written permission from WYN Factory for any uses not expressly permitted.

7.3. WYN Factory prohibits the use of the Website, for any of the following: (a) transmitting or posting any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy; (b) impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity; (c) posting or transmitting any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity; (d) posting or transmitting any Content that contains a virus or corrupted data; (e) using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website or that adversely affects the availability of the Materials on the Website to others; (f) offering for sale any Materials or any information received from WYN Factory; and (g) attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Materials or for the purpose of creating derivative works from the Website.

8. Your Account:

8.1. You may be required to create an account (Your Account) before you can access certain information of functionality on the Website. You must provide complete and accurate information when creating a Your Account. You cannot use another person's account and must immediately notify us of unauthorised use of Your Account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting Content which violates any law.

9. Your Content

9.1. If you are invited to post Content on the Website by WYN Factory, WYN Factory reserves the right (but assumes no obligation) to remove or amend any such Content. WYN Factory reserves the right not to accept unsolicited Content or other material.

9.2. By submitting any Content to any public or non-public areas of this Website, you automatically grant WYN Factory the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.

9.3. You also warrant that the holder of any rights, including moral rights in such Content, will not assert or has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to WYN Factory the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on our Website retains any and all rights that may exist in such Content.

10. Links and connections to other parties and other sites

10.1. The Website may contain links or other connections to websites operated by parties other than WYN Factory (Links). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. WYN Factory's inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by WYN Factory and WYN Factory is not responsible for the products and/or services being advertised.

11. Disclaimers, warranty exclusions and limitation of liability

11.1. You acknowledge and agree that use of this Website is at your sole risk. WYN Factory makes no representation or warranty: (a) as to the availability of any product, good, service, process or technology described on the Website; (b) that the functions contained in the Website or your access to the Website will be error-free; (c) that any defects on the Website or the Materials will be corrected; (d) that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful; or (e) that the Website or the server which stores and transmits the Material to you are free from viruses or any other harmful components.

11.2. To the fullest extent permitted by law, WYN Factory, its related bodies corporate and their officers, employees, agents and contractors (WYN Factory's Group) give no warranties of any kind (whether express or implied) in relation to the Website, the Material, the Wyngle Offers or the goods or services relating to the Wyngle Offers, and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Website or the Material or which is suffered directly or indirectly in connection with any Wyngle Offer, or any goods or services relating to the Wyngle Offer, even if WYN Factory or any other member of the WYN Factory's Group was made aware of the possibility of such damages.

11.3. Without limitation to any other provision in these Terms of Use, WYN Factory acknowledges that the Competition and Consumer Act 2010 (Cth) (Act) and other statutes from time to time enforced in Australia may imply warranties or conditions or impose guarantees or obligations upon WYN Factory in relation to the products and services available on the Website which cannot be excluded, restricted or modified except to a limited extent. If any such statutory provisions apply, then to the extent to which WYN Factory is entitled to limit its liability under that statutory provision (including, pursuant to Schedule 2, Sections 64A and 276A of the Act), WYN Factory's liability shall be limited to any one or more of the following in its sole discretion: (i) in the case of any good, the replacement or repair of the good, or the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or acquiring equivalent goods; (ii) in the case of any service, the supply of the services again, or the payment of the cost of having the services supplied again.

12. Indemnity and Release

12.1. You indemnify and release the WYN Factory's Group from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from (a) your use of the Website; (b) your failure to comply with these Terms of Use; and (c) any activity relating to your Account.

13. Termination

13.1. WYN Factory may, in its sole discretion and without prior notice to you, terminate your licence to access to the Website and the Materials if you breach these Terms of Use.

14. Applicable law

14.1. The Website is controlled by WYN Factory from its offices in New South Wales, Australia. WYN Factory makes no representation that the Material or the Website is appropriate or available for use in other locations. Those who choose to access the Website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.

14.2. These terms will be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

15. General

15.1. Employees, management and directors with access to the details of Wyngle Ratio Engine for Wyngle Offers, including their immediate families, will be restricted from use of this site.

15.2. These Terms of Use represent the entire binding agreement between you and WYN Factory, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding WYN Factory, the Website, or the information and contents on the Website.

15.3. No waiver of any obligation or right by WYN Factory will be effective unless in writing and executed by WYN Factory.

15.4. If any provision in these Terms of Use is found to be invalid or unenforceable by a court of New South Wales, such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.

Copyright 2011. WYN Factory Pty Ltd. All Rights Reserved.

Copyright WYN Factory Pty Ltd 2011. All rights reserved. ABN 38 129 136 616. NSW Permit No. LTPM/12/00996. Patented Technology.