(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.