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Terms and Conditions

Definition of Terms

  • Account means the general sense of the word; the collection of money, services, Credits (both Free and Paid) on behalf of a Registered User of the Web Site
  • Administration Fee means a fee that is charged to any Registered User for administration of his Account. Where such fee is likely to arise, the Company shall inform the Registered User in advance.
  • Auction refers to an electronic time-critical auction of a Product, on which all Registered Users may Bid.
  • AutoBids refers to the Bids that any Registered User may instruct the Web Site to automatically place.
  • Bid refers to the action of spending one or more Credits on an Auction, whereby each Bid increases the price of that Auction by specified amount. Bidding shall be construed accordingly.
  • Buy Now means a Product (material or immaterial) made available for immediate purchase by a Registered User.
  • The Company means Zenetes Solutions Private Limited, #1555/d, 16 A Main, JP Nagar II Phase, Bengaluru-560078. References to we, our, us shall be construed as references to the Company.
  • Contract Year means (i) in respect to Registered Users, each successive twelve (12) month period commencing on the date on which the Registered User becomes registered; and (ii) in respect to Users, the twelve (12) month period preceding the event or events which give rise to User’s claim against the Company.
  • Credits refer to the intangible Bidkartz currency which a Registered User may purchase, or otherwise acquire, in order to Bid on Auctions on the Web Site. Credits may either be Free Credits or Paid Credits.
  • Credits Packages are paid credits purchased by Registered User. It is mandatory to participate in the bidding.
  • Earned Discount means discount earned by Bidding on an Auction, which may then be redeemed against a Buy Now either of the underlying Product in that Auction, or any other Product on the Web Site.
  • Intellectual Property means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • Bidkartz means the Web Site run by the Company.
  • My Account means the personalized section of the Web Site where Registered Users may edit their account and view their recent activity including wins, Credits spent, orders and order status.
  • Non-Personal Information means, but is not limited to:
    1. the date a Registered User registered on the Web Site
    2. the categories of Auction which a Registered User Bids upon,
    3. the Products won and bought by a Registered User,
    4. the Bids placed by a Registered User, and
    5. the time of day a Registered User is typically active on the Web Site.
  • Order means an agreement between the Registered User and the Company for the provisions of a particular Product or Products.
  • Paid Credits means Credits that the User has purchased into his Account.
  • Payment Options means the options available to a Registered User to pay for Auctions, Credits, Products or any Services supplied by the Company. The options available include Credit Cards, Debit Cards, PayU, Net Banking, Wallets and Cash on Delivery.
  • Product means any item for sale on the Web Site, excluding Credits
  • Promotions means the different and varied invitations to purchase displayed on banners, in videos and through text which are offered permanently and/or periodically by the Web Site. It also includes periodic mailers, social media updates and other forms of digital as well as print materials.
  • Registered User refers to any person that has registered through the Web Site. References to you and your shall be construed as references to the Registered User with which the Company contracts under these Terms and Conditions.
  • The Return Time Period means pre specified period (usually between 10-30 days) of the delivery of a Product to a Registered User
  • Server Timer refers to the internal time keeping unit in the system.
  • Time Period for Payment of Winning Bid means any time within 2 (two) days of a Winning Bid.
  • User means any person who uses the Web Site but is not a Registered User.
  • Web Site includes the head site domain bidkartz.com, and all other generic sub-domains, including (but not limited to) bidkartz.in, bidkartz.net, bidkartz.org.
  • Winning Bid means the value of the final Bid on any Auction on which the Countdown Timer has reached zero
  • Winning Bidder means the Registered User who placed the Winning Bid on any Auction

Scope

The Company operates an e-commerce Web Site, which:

  • runs Auctions,
  • supplies Products, and
  • supplies Services.

These represent the Company's main interests.

The Web Site is designed to encourage elements of 'social bidding' and to ensure a level playing field for all Registered Users who wish to Bid on its Auctions.

Use of Web Site Is Acceptance of Terms

By using the Web Site, a Registered User fully accepts these Terms, as well as the manner in which the Company conducts its business activities. The Company does not recognize any other Terms and Conditions unless the Company has agreed to their validity in writing. The Company also reserves the right to change these Terms and Conditions at any time by posting an updated version of these Terms and Conditions on the Web Site. In the event that Terms and Conditions are updated, the effective date of such updated Terms and Conditions shall be expressed on this webpage, and a Registered User’s continued use of the Web Site shall be deemed to be such Registered User’s acceptance of such updated Terms and Conditions.

We recommend that you routinely review these Terms and Conditions to ensure you have read and understand the Terms and Conditions in force at the time.

You must comply with the following additional terms which apply to your use of the Web Site: Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Web Site, you consent to such processing and you warrant that all data provided by you is accurate.

Registered User Requirements

A Registered User must:

  • be over the age of 16, and
  • be able to enter into legally-binding contracts with the Company.

If a Registered User does not fulfill these requirements at the time of registration then these Terms and Conditions will be void. Furthermore, a Registered User warrants, by registering with the Web Site, that he will provide a residential postal address (Not a PO (Post Office) Box address) to take delivery of the Products he wins or purchases.

Username

A Registered User must choose a username during the registration process. This username must not be offensive or infringe the right of a third party. This username must not be misleading, used to give opinions, or directly or indirectly solicit other Registered Users to use the services of any other business. The Company has a right to change any Username which is in breach of this term.

Password

A Registered User must choose a password for access to the Web Site during the registration process. This password must be kept secret. All Registered Users are liable for any activities undertaken using their username and the associated password.

Mobile Phone Number

A Registered User may need to provide a mobile phone number from his resident country during the registration process. This is done in order for the Company to authenticate him and allow him to become a Registered User. An authentication code is sent to this phone number.

Procedure for Return of Defective Product

The following term describes how a Registered User should return a defective product. This term is not applicable in Italy, where an entirely different term applies.
A Registered User must e-mail help@bidkartz.com before sending the Product back to the Company.
He must also return:

  • the entirety of the Product,
  • all of the associated packaging and
  • all warranty information.

Obligation to Pay For Any Auction on which he holds the Winning Bid within the Time Period for Payment of Winning Bid

A Registered User must pay the amount of his Winning Bid within the Time Period for Payment of Winning Bid.

Failure to do will result in the Registered User forfeiting his right to buy the Product in that Auction. Furthermore, if the Registered User does not make payment within the Time Period for Payment of Winning Bid, the Company will not be obliged to return the Credits the Registered User spent in winning the Auction.

Generic Right to Suspend Registered User

The Company reserves the right to suspend any Registered User who does one or more of the following:

  • Creates multiple identities on the Web Site;
  • Bids under more than one Username;
  • Allows different individuals to Bid using his Account;
  • Uses unfair means to win any Auction.

Products

All Auctions for Products, and all Products sold on the Web Site are:

  • new and unused(except for certain categories),
  • intended for normal domestic and consumer use.

Note that Products are not intended for:

  • resale, or
  • commercial use.

Product Images

The images of Products on the Web Site are for illustration only. Therefore the Registered User accepts that appearance of each Product may vary from the depiction of such Product in the images on the Web Site.

Bidding

Bidding on an Auction can only be performed by a Registered User of the Web Site. When a Registered User Bids on an Auction, he will spend a number of Credits.

Auction Hours

Each Auction has dedicated Auction hours which are displayed in the information pertaining to that Auction. When an Auction reaches the final second of its hours, it will sleep, and will resume again in the first second of its hours the following day.

Credits Deducted

Each Auction will inform the Registered User how many Credits will be deducted per Bid. The number of Credits deducted per Bid ranges from 1 Credit to 15 Credits.

After a Bid is processed by the Web Site, the number of Credits is deducted from the Registered User's account. Credits deducted cannot be returned to the Registered User.

The Registered User cannot choose whether to bid with Free Credits or Paid Credits (as this would complicate the action of Bidding by simply clicking a button). Credits are used in the order in which they were acquired. This can lead to the Buy Now price not dropping, or dropping by a different amount than expected, when Free Credits are used.

It is also not possible to bid with a particular Credit from a particular Credit Package.

Placing Instruction to Bid

Two options exist for a Registered User to Bid on any Auction listed on the Web Site. The first is to place a manual Bid. The second is to place an instruction to Autobid.

Failure of Autobid Tool

The Company disclaims any and all losses, whether direct or indirect, and howsoever arising, which a Registered User may ascribe to his use of the Autobid tool to place Bids, including:

  • the Registered User's failure to understand the use of the tool,
  • the Registered User's mistaking the Bidding process for the amount of Credits deducted, and/or
  • the Registered User setting a target price lower than the current Bid price.

Purchasing Credits

Credits can be purchased in Credits Packages at the currently applicable prices listed on the Web Site. Typical prices range from approximately INR 100 to INR 2000

Payment Process

Credit Packages must be paid for using the on-line payment process. This payment process requires a Registered User to confirm his offer to buy a Credit Package by completing an on-line checkout.

Payment Options

Credit Packages must be paid for using one of the specified Payment Options. All Credit Package prices are displayed inclusive of applicable taxes.

Contract for the Purchase of a Credit Package

A contract for the supply of the Credit Package comes into being when the Registered User:

  • indicates the Credit Package he wishes to buy,
  • agrees to pay by one of the specified Payment Options, and
  • confirms his decision to proceed.

After (c), the following steps occur:

  • a contract is created between the Registered User and the Company in respect of the supply of that Credit Package
  • this contract is concluded by means of the payment process being completed, and the Registered User's account being credited with Paid Credits to the value of the Credit Package purchased

Bought Credit Packages contain a monetary value and represent a right to a future Earned Discount against a Product in an Auction.

Credits do not give a Registered User the automatic right to take part in an Auction.

The contracts in respect of the sale of Credit Packages can only be cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2017 (or the comparable domestic/international legislation in the Registered User's home country) if none of the Credits have been used in any way.

Cancellation of Order

A Registered User has the right to cancel his offer to buy any Product (not Credit Packages) at any point, both before making payment and after making payment, within the Return Time Period. A Registered User will need to contact the Company stating his wish to cancel before that date.

If exercising a right to cancel, the Company will refund the total price of the Product plus the cost of shipping and handling. The refund will be made specifically to the Payment Method used to purchase the Product (i.e. the credit card or Earned Discount Account used) within 14 days of the Product being returned to the Company.

The address to which a Registered User should return the Product, plus the above information, will be communicated during payment.

A Registered User will need to pay the cost of returning the Product if using his right to cancel.

If the Registered User cancels his offer before delivery of the Product, he is not obliged to take delivery of the Product.

Cancellation of Order before Making Payment

To cancel an Order before making payment, the Registered User will contact the Company and explain that he does not wish to avail himself of the purchase of the Product.

Cancellation of Order after Making Payment before Product Shipped

To cancel an Order after making payment, the Registered User will contact the Company and explain that he does not wish to avail himself of the purchase of the Product. If the Product has not been shipped, the Company will refund the price paid plus the shipping and handling costs.

Exception for Audio/Video Recording and Software

The Registered User may not return Products which are audio or video recordings. The Registered User may only return a software product if the security seal on the software product remains sealed and unbroken. The Company will not refund any Credits used in Auctions for audio/video recordings and software.

Cancellation Procedure

If a Registered User opts for cancellation of an Order, he should contact the Company in writing either before or with the return of the Product. If contacting the Company via e-mail, he should write to: help@bidkartz.com

Default Location

Unless otherwise specified, delivery will be made from:

  • our supplier's warehouses, or
  • our own warehouse(s)

To an address provided by the Registered User.

Delivery Times

From date of payment for any Auction or Product, the Company aims to deliver the item within a maximum of thirty (30) days.

Delay

A Registered User will be deemed responsible for a delay in sending out a Product if he has not provided essential information the Company requires in Order to "finalize" it.

This term is intended to apply in situations such as if a Registered User wins or buys a computer game but fails to tell the Company which format he would like the game supplied upon.

This term is also intended to cover situations where a Registered User asks for a Product to be delivered to an address that is not verifiable or recognized. The Company, if it encounters problems with a given address, will require that the Registered User contact it.

Damages or Failures Due to Neglect by Registered User

The Company does not accept any liability for damage or failure of any Product due to neglect and/or misuse by a Registered User. In addition, no liability attaches to the Company for damage to a Product caused by accident or normal wear and tear.

Problems with Supply Chain

The Company may, in extremely rare situations, encounter difficulties in providing a particular Product notwithstanding having accepted an Offer to supply the Product.

The Company uses reliable delivery partners and will make every effort to source the Product. In the event that its delivery partners report that they cannot deliver the Product within 30 (thirty) days to a Registered User, the following actions will occur:

  • The Company will offer the Registered User a substitute Product, which has comparable or better features than the original; and/or
  • The Company will refund any and all payments made for the Product in question, including Paid Credits spent on that Product if originally part of an Auction.

If the Company offers a Registered User a substitute Product but does not hear back from him as to whether he accepts that substitute Product, the Company will immediately process a full refund (excluding Paid Credits spent on the Product if part of an Auction) once the delivery has been outstanding for thirty days.

The Registered User's statutory rights are not affected.

Products Lost In Transit

If a Product is lost in transit, a Registered User will contact the Company to claim either a replacement or a refund of the amount he paid, plus shipping and handling, within 7 (seven) days.

Risk and Title

Risk in Products shall pass to the Registered User upon delivery of such Product by any of the methods set out in these Terms and Conditions.

Title in Products shall pass to the Registered User upon the receipt of payment in full by the Company in respect of such Product(s).

Effect of Suspension of User Account

A Registered User who is suspended may:

  • forfeit all Credits currently held in his account;
  • have his details passed to the Company's Fraud Investigation Department in order to determine whether there is enough evidence of conspiracy to defraud, or any other relevant criminal activity, and to involve the authorities;
  • be prevented from re-registering on the Web Site; and
  • be prevented from further use of the Company's services.

Any Claims

Legal Issues

A Registered User who believes he has a legal complaint against the Company will make contact with the Company by writing to help@bidkartz.com, explaining his situation fully before incurring legal costs. If a Registered User does not make any contact with the Company, the Company will refuse to cover any legal costs expended should it later attempt to reach an agreement to settle.

Counterclaims

A Registered User who is in legal dispute with the Company has a right in law to counterclaim. This counterclaim will be restricted to the contractual relationship on which these Terms and Conditions are based, without prejudice to the Registered User's statutory rights.

External Links

Other Web Sites

The Service may contain links to other websites and may forward a Registered User to other websites within the same, or a new, Internet browser window. These web sites are not under the control of the Company and the existence of a link on the Web Site does not imply any endorsement of the linked web sites by the Company or any affiliation between the Company and the owners of the linked web sites. The Company makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. The Company has no responsibility to its Registered Users in respect of such material. The Company encourages all Registered Users to examine the privacy policies and/or terms and conditions of any third party websites.

Security

Registered User's Responsibility to Restrict Access

All Registered Users who use the Web Site are responsible for restricting access to their computer and ensuring that their computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data entered on the Web Site.

In addition, a Registered User is responsible for maintaining the confidentiality of his Account and identifiers and for restricting access to his computer, and he agrees to accept responsibility for all activities that occur under his Account or identifiers.

Obligation to Secure Password And Exit Sessions

A Registered User agrees to:

  • immediately notify the Company of any unauthorized use of his password or Account and/or other breach of security by writing; and
  • ensure that he exits from his Account at the end of each session. The Company cannot and will not be held liable for any loss or damage arising from his failure to comply with this section.

Monitoring Operations by Company

The Company reserves the right to monitor all network traffic and Account activity on the Web Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Web Site in any fashion. Anyone using the Web Site expressly consents to such monitoring.

The Company reserves the right to fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose the identity of anyone posting any information, publishing or otherwise making available any materials that are believed to violate these Terms.

Indemnification

Indemnity Agreement

All Registered Users agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by such parties from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against such parties in connection with:

  • the use of the Web Site using the Registered User's Account;
  • any data or work transmitted or received by a Registered User;
  • a Registered User’s violation of these Terms and Conditions; or
  • a Registered User’s violation of any rights of a third party. This defence and indemnification will survive the termination of these Terms and Conditions.