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How It Works
How It Works

(Updated: 2/16/2011)

General / Overview
    The following Terms & Conditions shall apply to the relationship between IndianBids, all subsidiaries of IndianBids, www.IndianBids.com ("IndianBids"), and the end user ("You" or "Your"). By using IndianBids' services, You accept the following Terms and Conditions, as well as the manner in which IndianBids operates. These Terms & Conditions constitute the entire agreement between IndianBids and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and IndianBids with respect of Your use of IndianBids.

    Information on IndianBids, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. IndianBids is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

    IndianBids will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.

    IndianBids reserves the right to change these Terms & Conditions at any time without notice to You. Consequently, You should review these Terms & Conditions for changes each time You visit IndianBids. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@indianbids.com.

Acceptance of Terms & Conditions
    By accepting the Terms & Conditions and/or registering with IndianBids, You confirm that You are eligible (as specified in the "Eligibility" section) to use IndianBids. If You do not agree to the Terms & Conditions, do not use IndianBids. If You access, use, or download in any way, any service from IndianBids, You agree to and are bound by these Terms & Conditions.

Eligibility
    By accepting the Terms & Conditions and/or registering with IndianBids, You confirm that You are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using IndianBids, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If You access, use, or download in any way, any service from IndianBids, You agree to and are bound by these Terms & Conditions.

    You must reside in the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C.

    IndianBids employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in IndianBids auctions.

    IndianBids products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

    IndianBids reserves the right to limit the number of user accounts per household and the number of won auctions per user account. IndianBids will not allow a single credit card to be used in conjunction with multiple user accounts. IndianBids limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions). IndianBids limits the number of auctions that a single user account can win in a 28 day period to a maximum of twelve excluding bid voucher auctions.

Registering
    You can only register once and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. In addition, You must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other IndianBids users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

    If IndianBids receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in IndianBids' sole discretion, Your user account may be frozen until You change the username or IndianBids may permanently close Your account without prior notice to You for violating these Terms & Conditions.

    You are responsible for keeping Your user account password confidential.IndianBids will never ask for Your password apart from login, nor should it ever be provided to anyone, including IndianBids employees.User accounts are non-transferable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage IndianBids, shall result in the termination of the user and the reporting of a crime. In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Referrals
    You may refer friends to IndianBids using the form on the IndianBids website. IndianBids offers free bids to any user who refers new users that purchase a bid pack. IndianBids reserves the right to review each referral for possible fraud. You may not refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.

Account Termination
TERMINATION BY YOU: You have the right to terminate Your account at any time. You may do so either by not returning or by closing your account in accordance with IndianBids standard procedure.

TERMINATION BY INDIANBIDS: IndianBids reserves the right to temporarily or permanently terminate Your account at its sole discretion if it determines You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if IndianBids suspects fraudulent account activity or behavior. You agree that if IndianBids, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, IndianBids may withhold, cancel or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

Bidding / Bid Purchases / Autobidder
    You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Autobidder function. Autobidder is an automated feature which lets You bid on an auction even when You are not online or logged in. Autobidder automatically places bids according to Your instructions. You can read about how the Autobidder operates in the "Help" section.

    IndianBids reserves the right to offer different size Bid Packs at different times. Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are non-refundable. IndianBids reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

    Bid Packs expire after twelve (12) months. The expiration of Bid Vouchers varies based on type. From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded irrespective of whether or not the bid is successful.

    A maximum of 20 seconds can be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the IndianBids server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the IndianBids server(s) hit zero.

Odds of Winning Auctions
    Every auction is unique and the results of all auctions offered on IndianBids depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

Acceptance of the Win / Payment
    After an auction has ended, You must actively confirm and pay the total price for the won auction. Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within seven (7) days of the auction end date, IndianBids reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price has been paid to IndianBids. An invoice containing the auction price and shipping costs will be sent to You by IndianBids once delivery has been arranged.

Special Promotions
    Any special promotions run by IndianBids shall only be valid if they are announced on IndianBids or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on IndianBids or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

    IndianBids reserves the right to show additional and/or different auctions to You at IndianBids' sole discretion.

Returns / Cancellations
    IndianBids allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the contract is concluded. If You cancel a contract to which the cancellation provisions apply, You are entitled to a refund of the auction end price (including shipping costs) You have paid even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end 21 days after the day the winner received the goods or a notification that the goods are ready for collection.

    Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests and other such behavior, You are deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.

    If You wish to cancel the contract, You must inform IndianBids by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used: support@indianbids.com

    In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You (unless goods are found to be defective). IndianBids will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a depreciated condition.

    Should IndianBids incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You.

    Should IndianBids not be able to deliver the product ordered or the product won, IndianBids shall be entitled to substitute the item with an equivalent product acceptable to both IndianBids and You, or provide a refund of the auction end price, Buy It Now payments, and all bids placed by You on that particular auction.

Delivery
    Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by You. Delivery times vary; therefore any time provided should be used as a guide. IndianBids shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to IndianBids upon receipt.

Withholding Payment / Retention of Title
    You agree that the item delivered shall remain IndianBids' property until payment is received in full of the total price, including the shipping and bids used in the auction.

Disclaimer of Warranty and Liability Regarding Use of IndianBids
    You agree that use of IndianBids is at Your sole risk. Neither IndianBids nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by IndianBids, or the like, warrant that websites affiliated with IndianBids, including but not limited to, IndianBids, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on IndianBids may contain inaccuracies or typographical errors. IndianBids makes no warranty as to the results that may be obtained from the use of IndianBids or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through IndianBids. Furthermore, IndianBids shall not be responsible for any opinions, views, advice or statements posted on IndianBids (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized IndianBids spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized IndianBids spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

    YOUR USE OF INDIANBIDS IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY INDIANBIDS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

    INDIANBIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF INDIANBIDS, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF INDIANBIDS, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, INDIANBIDS DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIANBIDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

    THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM INDIANBIDS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT INDIANBIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH INDIANBIDS.

    SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON INDIANBIDS SERVICES OR ITEMS PURCHASED THROUGH INDIANBIDS, FROM INABILITY TO USE INDIANBIDS' SERVICES OR ITEMS PURCHASED THROUGH INDIANBIDS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF INDIANBIDS' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

    If You are dissatisfied with any portion of IndianBids, You should discontinue Your use of IndianBids.

Disclaimer of Warranty and Liability Regarding Purchases from IndianBids
    IndianBids hereby disclaim any and all liability from claims arising from trip packages offered on the IndianBids site. IndianBids will not be liable for any damages or injuries, whether physical or emotional, those occur or are received during a trip purchased on the IndianBids site. IndianBids is not liable for flight delays, loss of baggage or other losses that occur during a trip offered on the IndianBids site.

    All new products are sold with the manufacturer's limited warranty only. IndianBids warrants solely that the products sold to You under these terms shall have the characteristics specified in IndianBids' specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to IndianBids. Warranty is excluded for the delivery of any used products.

    EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, INDIANBIDS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY INDIANBIDS OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    YOU AGREE THAT INDIANBIDS SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION AND MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY INDIANBIDS. IN NO EVENT SHALL INDIANBIDS BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

System Outage / Temporarily Paused Auctions
    A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on temporarily paused auctions will be credited back to Your account; however, IndianBids is not responsible for any other costs incurred by You due to a system outage. IndianBids reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

    With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. IndianBids, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, IndianBids shall not be liable for any damage incurred by auction users or third parties from using IndianBids' services. In particular, IndianBids shall not be liable for damage that occurs due to bids not being received by IndianBids, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks
    IndianBids' logos are trademarks of IndianBids, LLC. All rights reserved. Any trademarks appearing on IndianBids are the property of their respective owners.

Service and Support for Products Purchased
    All requests for technical service and support on products purchased on IndianBids should be made directly to the manufacturer in accordance with their Terms & Conditions.

Applicable Law / Severability Clause
    This Terms & Conditions Agreement and Your use of IndianBids shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in California.

    You are subject to the laws of the Jurisdiction in which You reside and/or from which You access IndianBids and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in auctions offered by IndianBids while located in a prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions, and subject to having Your account suspended or closed permanently. You agree that IndianBids cannot be held liable if laws applicable to You restrict or prohibit Your participation.

    The UN Convention on the International Sale of Goods shall not apply.

    Protection of Data: Collection, Processing, and Use of our Customers' Personal Information.

    The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

External Links
    Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Entire Agreement
    These Terms & Conditions constitute the entire agreement between You and IndianBids with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by IndianBids of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by IndianBids.

Note:
    Placing bids online at www.IndianBids.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly.