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TERMS & CONDITIONS
(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.
