Terms & Conditions

INTRODUCTION

These Terms and Conditions apply to the auctions and marketing activities, offered on the platform of BIDS365 (the “Auction” or “Platform” or “BIDS365”), which is owned by Thinkbid Technologies Private Limited (“BIDS365” or “the Company” or “we” or “us” or “our”). We are pleased to offer to a person who accesses the Auction through our mobile application, the ability to participate in the auctions. The related software including improvements if any, applications including but not limited to mobile application, content, products, services, and promotions (collectively the “Services”) that we may provide, shall be subject to these terms of use (the “Terms of Use”, or “Terms” or “BIDS365 Terms and Conditions”) for the auction and promotions as may be updated and be applicable from time to time.

I. TERMS

By accessing or using our Services, you are agreeing to be bound by BIDS365 Terms and Conditions which are subject to revision by the Company at its sole discretion and time. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms in the Terms of Use, you shall not be allowed to access or utilize these Services. The materials contained on said Platform are protected by any and all applicable laws including but not limited to the intellectual property laws.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

II. GENERAL TERMS

1. Accepting the Terms of Use

1.1                     You may not use the Services if you do not accept the terms and conditions set out herein this Terms of Use.

1.2                     You must accept this Terms of Use by clicking to indicate your acceptance or agreement to the terms and conditions enlisted herein.

1.3                     Before you continue, you are advised to print or save a local copy of the Terms for your records.

1.4                     You may not use the Services and may not accept the Terms if you do not meet the eligibility requirements under Clause 2 of General Terms.

2. Eligibility

2.1                     By accessing the Services, the member/User exercises the right to act autonomously, and guarantees the right, authority and capacity to accept the present agreement in this Terms of Use. All persons under the age of 18 must obtain the consent of their parents or legal guardian before using the Services. Every single member, by registering with BIDS365 unconditionally accepts without any exception the following prohibited uses:

2.1.1               Open and use more than one BIDS365 account.

2.1.2               Supply false or misleading address, mobile or email address to open or use an account.

2.1.3               Use, download, share, or exploit names and/or address and/ or personal data of any type belonging to third parties, except for, and only for, their username of choice. All other details must be consistent and accurate to the participant and the same is undertaken and acknowledged by such participant.

2.1.4               Participants must not breach any laws of India with respect to legality of entering our Auctions. BIDS365 shall not be held responsible for any User(s)/member/entrant entering any of our Auctions unlawfully. If in any doubt, you should immediately leave the Services and check with the relevant authorities in your country in relation to being eligible to use the Services on the Platform thereof.

2.1.5               Participant must not be an employee of BIDS365 in any possible way.

2.1.6               BIDS365 reserves the right to suspend and/or terminate any member’s/User’s account, if the member/User does not follow the rules mentioned in sub-clauses 2.1.1 to 2.1.5 under Clause 2.1 above.

2.1.7               Access to the Platform and its Services is applicable to all the residents of India. However, the residents of the states of Assam, Odisha, Telangana, Sikkim and Nagaland (“Restricted State(s)”) are restricted and prohibited from accessing and participating in the Auction. Before signing up on the Platform, the User confirms that he/she is not a resident of the Restricted State(s).

3. Intellectual Property Rights

3.1                     With the exception of content posted by Users for the purposes of promotion (“User Content”), all materials contained in the Services, including all content and the software, graphics, text and look and feel of the Services, and all trademarks, copyrights, patents and any other intellectual property rights related to the Platform, BIDS365 thereto (“Proprietary Materials”), are owned or controlled by BIDS365 and its affiliated entities.

3.2                     The User shall not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to the User’s compliance with this Terms of Use and any other relevant policies related to BIDS365. We grant to the User a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for the User’s personal but non-commercial entertainment purposes consistent with the intended purpose of the Services on the Platform. The User agrees not to use the Services for any other purpose except as mentioned herein.

3.3                     The Users are prohibited from posting on or transmitting through the Services any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, abusive, racist or offensive. The User hereby agrees that in no event, BIDS365 be liable to deal with such infringement cases, and/or claims, and the User him/herself shall be liable to resolve or deal with any such infringing claims based on the content posted or actions of the User.

3.4                     Without limiting the foregoing, the User must not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to any third party, BIDS365 unless the User has first obtained the prior written consent of the respective owner of such proprietary rights. It is our policy and we reserve the right to terminate the account of anyone on the Platform who infringes the copyright or any other rights of any third party, prejudices the reputation of BIDS365, BIDS365 posts blasphemous, derogatory, illegal, immoral, defamatory content on the Platform, upon our receipt of proper notification from such third party, the copyright owner or the copyright owner’s legal agent.

3.5                     By submitting content or materials to us through the Services, including, without limitation, uploading any materials or information, choosing a username or participation in any chats or forums, the User automatically grants us, or warrants that the owner of such content has expressly granted us, the royalty-free, irrevocable, sub-licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute the User content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and the User’s username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing the User as the winner.

3.6                     The User also hereby grants each User of the Services, a non-exclusive license to access his/her content through the Services, and to use, reproduce, distribute, display and perform his/her content as permitted through the functionality of the Services and under these Terms & Conditions. The above licenses granted by the User in the User content are perpetual and will only terminate if the User has requested the removal or deletion of his/her content from the Platform.

3.7                     The User understands and agrees, however, that we may retain, but not display, distribute, or perform, server copies of content that has been removed or deleted. Subject to these grants, the User retains any and all rights which may exist in his/her content.

3.8                     We may disclose any of the User’s content or electronic communication of any kind (i) to comply with any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Services; (iii) to protect the rights or property of BIDS365 and our officers, directors, employees and agents; or (iv) to protect and safeguard the rights of our providers, affiliates, partners sponsors etc. and/or any other User.

3.9                     The User represents and warrants that they own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of the User content and to enable inclusion and use of the User content in the manner contemplated by this Terms of Use. The User further represents and warrants the User content will not defame any third party and that the use of the same on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

4. Liability and Indemnity

4.1                     Except as expressly provided in these BIDS365 Terms and Conditions, and to the extent permitted by law, BIDS365 and its employees, agents and partners disclaim any and all liability in respect of any loss or damage arising out of the auction and/or Services, whether such loss or damage results from negligence, breach of statutory duty or otherwise, and whether in contract or in tort or otherwise, including but not limited to the loss or corruption of data, any errors or omissions, content, delays or interruptions in transmission or operation and lines or communication failure. In no event shall BIDS365 be liable for any loss of profit, goodwill, opportunity and any indirect, special or other consequential or incidental damage of the User, whether foreseeable or not.

4.2                     Notwithstanding anything to the contrary contained in the agreement, the Platform’s liability to the member for any cause whatsoever, regardless of the form of action, will at all times be limited to the relevant amount paid by the member which is expressed in Bid Credits.

4.3                     By participating in this Platform or receiving a prize, entrants (and in particular, winners) and their parent/guardian if applicable, agree to release and to indemnify and hold harmless BIDS365 and each of its respective related companies, and all of their respective officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, breach of any BIDS365 Terms and Conditions caused in whole or in part, directly or indirectly, by participation in this Platform (or related activities) or the acceptance, possession or use/misuse of a prize.

5. Disclaimer

5.1                    BIDS365, the Platform shall not be liable for incorrect or incomplete contents or information published on the Platform or concerning the Services whether these are generated by User(s), members or any other instrument or program associated to the Service or used by the Service or generated by the conduct of any User and/or member of the Service both online and offline.

5.2                    BIDS365, the Platform shall not be liable for any errors, interruptions, extensions, defects, delays in the operations or in the transmission, lack of communication lines, thefts, destruction or unauthorized access to or alteration of User(s) and/or member communications.

5.3                    BIDS365, the Platform shall not be liable for any technical malfunction or problem of any network or telephone line, online computer system, server or provider, computer equipment, software, lack of email or traffic congestion of the Internet or any site or combination of these, including tort or damage to User(s) and/or member computers and/or computer of any person, that may arise from taking part or downloading material related to the BIDS365 and/or Services.

5.4                    BIDS365, the Platform shall not be liable, for whatever reason, for any loss or damage deriving from the use of the Platform or Services and/or any content published on the Platform or communicated to BIDS365 User(s) by anyone.

5.5                    BIDS365, the Platform and their employees cannot guarantee and do not promise that the use of the Platform and/or Services will lead to specific results.

 

III. OPERATIONAL TERMS

1. Access

1.1                     In order to access the Platform, the Users are required to open an account on BIDS365 (“Account”). When creating/signing up for the Account, each member/User must provide a valid mobile number which is mandatory for registration of the Account hence enabling further communications via SMS. The User(s) will receive One Time Password (OTP) via SMS on the mobile number that has been provided for registration. The User(s) must enter the OTP and validate the registration of the Account. The user must then provide his/her name, birth date, address and gender to participate in auctions. Additionally, the User may provide their email Id in the personal information section on BIDS365 for concurrent communications.

1.2                     The Users are responsible for restricting access to the User’s compatible device (Mobile, PCs, tablets etc.). The User agrees to accept full responsibility for all activities that occur within his/her Account. The User must notify us immediately of any breach of security or unauthorized use of his/her Account. Failing to adhere to which, BIDS365 would not be held liable for any loss or breach suffered by the User in any manner whatsoever.

1.3                     The User shall not be allowed to create more than one Account. The User who does so shall also not be eligible for any bonuses, promotions and/or rewards given to other Users by BIDS365. The User who has created multiple accounts will also be disqualified from claiming any product won by him/her even if the winning amount has been paid by such User. The User should not attempt to circumvent any of the restrictions aimed at preventing the creation and use of multiple accounts by one User. BIDS365 bans any account which appears to be a joint use of the account. Under no circumstances, BIDS365 shall allow any User to give permission to other Users/Persons to use his/her account.

1.4                     BIDS365 shall not be liable for any loss caused through unauthorized use of the User’s Account, or breach of the terms contained in this Terms of Use, whether with or without the User’s knowledge. However, the User shall be liable for any loss to BIDS365 or a loss to our third-party licensors’, content providers’, merchants’, advertisers’, sponsors’, and service providers’ (collectively, “BIDS365 Providers"), due to such unauthorized use.

1.5                     Suspension and Termination of User Account: BIDS365 reserves the right at its sole discretion, to restrict, suspend, or terminate the User’s Account and/or the User’s access to any or all parts of BIDS365 at any time, for any reason, with or without prior notice, and without liability, including in the event BIDS365 stops offering any aspect of the Services.

1.6                     We expressly reserve the right to restrict, suspend and/or terminate the User’s access to any part of the Services, if we determine, at our sole discretion, that the User has violated any of the terms of this Terms of Use. Any balance consideration, remaining in the User’s Account shall be immediately forfeited in case of termination of User’s Account.

1.7                     By visiting and creating an account on BIDS365, you grant BIDS365 your informed consent to receive service related communications, advertisements, promotions, offers, and any other sponsored content that BIDS365 may display on its App/Platform via phone, SMS, email or any other marketing channels, including its digital channels, television, print and publication, without requiring any further explicit consent.

2. Service

2.1                     Our service is limited to the choice of products placed on the Platform. Our Service includes monitoring the regular execution of sales based on a blind lowest unique bid auction system and monitoring that the product auctioned is delivered to the winner.

2.2                     We reserve the right to remove, terminate and/or cancel any auction at any given time without any prior notice based on product availability with the distributor and shall not be responsible to entertain any claim pertaining to it.

2.3                     In addition, Platform’s Services includes the management and updating of the Services and software parts, as well as the management of all the costs related to servers, employees, advertising and costs related to the management of the Company.

2.4                     You hereby agree and accept that the Service offered and for which you decide to buy Bid credits is reasonable. User(s) who wish to place their bids accept and agree to buy Bid credits on the Platform in order to receive these products/ Services by Thinkbid technologies private limited.

3. Bids and Bid credits

3.1                     Access to BIDS365 and registration is free for any User/entrant. To receive the Services offered by BIDS365 you must purchase the Bid credits which are valid till closure of the Services offered by BIDS365 however there are free auctions conducted by BIDS365 for which entry will be free of charge. The value of each bid credits purchased is Re. 1/- (Indian Rupee One only) inclusive of all applicable taxes. The User(s) can acquire free and/or reward Bid credits as Bonus Credits (applies only to members who are regular participants in our Auctions and such members shall be selected at the sole discretion of BIDS365). Bid credits are available to be used at your discretion for our provided Services. BIDS365 may at its own discretion reward free bid credits/bonus credits to any User. Such bid credits will have varying validities at discretion of BIDS365. Bid credits can only be utilized in BIDS365 application and cannot be refunded or exchanged.

3.2                     The amount of Bid credits deducted from your Dashboard details can be accessed on Platform (mobile application) and will vary according to the product. By registering as a Member/User and subsequently wanting to receive the BIDS365 services, you agree and accept that any payment you make to BIDS365 is made exclusively to guarantee your continued use of the Service.

3.3                     There are four kinds of bids:

3.3.1               Free Auctions: These will be Auctions for the products which will be displayed on the live Auctions without any entry bid credits required. Each Free Auctions will have three bids for each person. In certain Auctions, Bonus bids may be provided by bids365 on completion of challenges created by Bids365 during the auctions.

3.3.2               Premium Auctions: These are Auctions in which users are required to enter using certain amount of bid credits mentioned in each auction. The cost mentioned are for each bids. There will be a certain number of total bids permitted in the premium auctions and will be decided solely by bids365 and will be displayed at the auction entry page. The time window will also be mentioned clearly at the auction entry page.

3.3.3               Quick Deal Auction: These Auctions are premium auctions that happen in a small duration of time. Number of bid credits required and the maximum bids will be mentioned at the auction entry page. The time window will also be mentioned clearly at the auction entry page.

3.3.4               Mystery Bids: Players can bid for a mystery product wherein the MRP of the product is displayed. This bid may be Free auctions or Premium auctions as decided solely by Bids365.

5. Marketplace

5.1                     YardSale, an exclusive feature of Bids365, opens the door to a dynamic marketplace where auction winners can list and sell their won products. Powered and managed by BidHeads Technologies Pvt. Ltd., this vibrant marketplace offers a diverse range of products for potential buyers.

5.2                     As an essential component of Bids365, YardSale enables auction winners to take charge of their auctioned products by deducting a nominal advance amount of Re. 1 from their Bids365 wallet. Once the advance is paid, the product becomes the rightful property of the auction winner, who can then proceed to list it in the marketplace.

5.3                     The BidHeads Technologies Pvt. Ltd.-operated marketplace provides a 15-day window for auction winners to showcase and sell their products. Within this timeframe, auction winners can set their preferred selling price for the products they have won. Potential buyers, from a broad user base, can explore the diverse offerings in the marketplace and make purchases based on their preferences and needs.

5.4                     When a successful sale is completed within the 15-day period, a service fee of 5% of the sale value is charged by BidHeads Technologies Pvt. Ltd. The remaining amount, after deducting the initial auctioned amount, is directly credited to the seller's designated bank account.

5.5                     It's essential to emphasize that YardSale is an exclusive feature of Bids365, providing users with seamless access to the marketplace managed by BidHeads Technologies Pvt. Ltd. Both Bids365 and ThinkBid Technologies Pvt. Ltd. enable users to experience the full potential of YardSale and explore the array of opportunities presented by the marketplace.

5.6                     For any inquiries or assistance related to YardSale, our dedicated team is always available to provide support. Embrace the transparent, rewarding, and convenient experience that YardSale offers, and discover a new realm of possibilities for auction winners on Bids365!

 

6.  Special Offers: Discounts, Reward Bid credits and Free Bid credits

6.1                     When purchasing the Bid credits, BIDS365 may from, time to time, introduce at its own discretion, various discounts, rewards, free Bid credits or any other form of special offers and at different applicable times.

6.2                     It shall be at the discretion of BIDS365, to choose the User(s) to whom these discounts, rewards, free Bid credits or any other form of special discounts shall be applicable.

6.3                     Any applied discounts, free Bid credits, reward Bid credits or other forms of special offers can only be used to participate in the current auctions at BIDS365, and can in no other way be used or reclaimed in the form of payment or compensation otherwise.

6.4                     All bid types, discounts and special offers are subject to the advertised terms and conditions specified at the time of the offer. BIDS365 reserves the right to take appropriate action, which may include immediate account deactivation without refund, towards any members/User(s) abusing any of the special offers.

6.5                     BIDS365 may run other games and quizzes in addition to lowest unique bid auctions, and it shall be at the discretion of BIDS365 to decide and select user(s) who would be eligible to participate/win in such games and quizzes. Under no circumstances would any user be eligible to win and claim more than 5 products/vouchers or any other giveaway on any given day.

7. Withdrawals of Winnings and Refunds

7.1                     At BIDS365, the member/User cannot claim for refund of Bid credits purchased. All types of bids are non-transferable and non-refundable in nature.

7.2                     The User(s) shall be required to provide to BIDS365 with other ‘know your customer’ details, including payment mode used, Drivers License, Passport details and/or any other Government Identification Proof at the time of withdrawal of the prizes from the Account. This information will be held and used in accordance with our Privacy Policy.

7.3                     BIDS365 assumes no liability for purchase error, trial versions, Bid credits purchased from the wrong device or platform, promotion codes or discounts not provided at the time of purchase. We will not be liable for any errors on billing statements issued to the User by his/her carrier.

7.4                     BIDS365 assumes no responsibility on any network issues due to which the User may not in any case be able to access/use BIDS365 before, during or after the auction has commenced.

7.5                     Once you win the bid, you can go to "My Bids" section and select completed auctions. Then, you may choose to pay the winning amount and claim your product or if you are not interested in the product, you may choose it to put it for sale in Marketplace (as referred to in clause above) at a price you want.

7.6                     You/Winner must claim or sell your auctioned product within 24 hours from end of bid.

7.7                     On winning of any product, BIDS365 shall check the bidding history, no of bids placed, etc. and a congratulatory SMS and or email (if provided) would follow from the date of announcement of the winner. In case of an automobile like car, bike, scooter etc, the SMS shall include the details / specifications/ variant of the automobile and other applicable charges (If any).

7.8                     It is obligatory for the winner/member to provide all KYC details mentioned in the SMS and/or email (if provided by the winner/member).

7.9                     Once the payment of the bidding price for automobile items like scooter, bike, car etc. is processed and post confirmation from the automobile dealer based on availability or waiting in case if we don’t have the auctioned automobile available in your area then BIDS365 will arrange for another variant of the automobile with similar features based on availability in your location and we will intimate you regarding the payments to be made from your side, most specifically but not limited to on road charges and insurance cover cost or any other applicable taxes thereto. BIDS365 shall only pay the EX- Showroom cost. The entire process, subject to satisfactory verification of your KYC and payment of necessary charges by winner, shall take upto 15 weeks for the delivery of the automobiles, such as car, scooter, bike, etc.

7.10                 Any other changes/ modifications including fuel Variant, customization, additional features, interiors required by the winner shall be charged extra and exclusively be borne by the winner only and will be subject to availability and BIDS365 and Platform takes no responsibility of arranging this.

7.11                 The User will be solely responsible for all taxes that government may charge on any product or voucher won by any User.

7.12                 The current address where the won product needs to be delivered must be updated under the profile section of the App. In case the address is not updated or is incomplete, our team will reach out to you for updation of the same. Failure to update the delivery address within 7 days from the date of notification will result in the claimed product being revoked.

8. Service Changes

BIDS365 reserves the right, at any time, to change or interrupt, temporarily or permanently, a part of the Service with or without notice. You agree and accept that we shall not be liable and shall not be subject to sanctions by you or third parties for any change, suspension or interruption of the Service and you agree and accept that you shall not have the right to receive any refund unless the Service is permanently closed and interrupted for a continuous period of six (6) consecutive months.

9. Lowest Unique Bid Auction

Participants may bid on any number of the ongoing items until the Auction closes. Auction shall close only when the time frame for an auctioned item hit zero. Winners bidding from multiple accounts and using their immediate family members’ account/s are not allowed to participate in auctions and will be suspended from bidding on BIDS365.

10. Bids Amount

Bids can be placed upwards from the minimum start amount of 0.01 and the maximum is the MRP of the product listed.
However, depending on the MRP of the product, the minimum bid value may be raised accordingly by BIDS365.
The Auction item containing the Lowest Unique Bid at the end of an Auction is sold to the User who has placed that bid and for the price of that Lowest Unique Bid at the end of the Auction.

11. Valid Bid Registration

The bids shall only be considered as valid once they are registered at BIDS365. The bids can be viewed from the Users Account History. Typically, the bid is registered within one second after it is sent from the member/User, but in some rare cases, bidders may experience connection problems with their Internet Service Provider. These connection problems may result in a delay between the time taken to submit the bid by the bidder and the time taken to be received by BIDS365. In this case, BIDS365 shall not be held accountable and/or liable for any changes in the situation caused/occurred in terms of winning an auction for a registered bidder.

12. Lowest Unique Bidder

The Member/User who at the end of the Auction has placed the Lowest Unique Bid shall be declared the winner of the Auction. The Lowest Unique Bid refers to the act of placing the lowest bid along with being the only one to place the bid in question. BIDS365 continuously identifies the Lowest Unique Bid and ensures the current winner information is up to date.
For Example: To win the Bid the User must place ‘Lowest and Unique’ Bid

 2 bids @ Rs. 1.17 (Lower but Not Unique)

 3 bids @ Rs. 1.23 (Lower but Not Unique)

 1 bid @ Rs. 1.48 (Lowest and Unique) – Winner

 1 bid @ Rs. 1.52 (Unique but higher)

In the exhilarating world of Bids365 auctions, the quest for the unique lowest bid often sparks fierce competition and strategic maneuvers. While every bidder aims to secure the coveted title of the lowest unique bidder, sometimes, the stars do not align, and a unique lowest bidder eludes us. In such instances, the auction winner is determined using an exciting tie-breaker rule.

When no unique lowest bidder is found among the participants, the spotlight shifts to the first bidder who boldly entered the minimum lowest bid. Picture this: amidst a flurry of bids, the auctioneer's gavel falls, and the bidding clock counts down to zero. As the dust settles, the bids are scrutinized, and it becomes evident that no single bidder claimed the title of the unique lowest bidder.

Now, picture a scenario where multiple auctions have only two bidders each. In such cases, a collection of bids emerges, each with its own minimum lowest bid among these two bidders. Among this collection of bids, the lowest among them becomes the "minimum lowest unique." This unique lowest bid stands as the ultimate winner, capturing the title of the auction winner.

This captivating concept of the minimum lowest bid infuses each auction with a sense of urgency and excitement, urging participants to strategize and make swift, well-calculated decisions. Whether you're facing off against a single bidder or amidst a group of two-bid auctions, the key to victory lies in identifying and securing the elusive minimum lowest bid.

With every bid placed, the dynamics of the auction evolve in real-time, as bidders vie to uncover the magic combination of a unique and lowest bid. In the pursuit of victory, each bidder strives to become the one who holds the prized position of the minimum lowest bidder, ultimately securing the chance to claim the auctioned product.

In the ever-changing landscape of Bids365, where bids are placed with keen precision and fortunes can be made in an instant, the concept of the minimum lowest bid stands as a testament to the art and science of auction bidding. So, whether you're a seasoned bidder or a newcomer to the thrilling world of Bids365, embrace the challenge of seeking the minimum lowest bid, and let the excitement of the auction unfold before your eyes!

 

13. Duration of the Auction

There is no single duration of the auctions. An auction can last anywhere between 60 seconds to a month. Each auction will have a defined tenure mentioned on it on the mobile application.

 

14. AUCTION WINNER

14.1                 Revealing Auction Winner :After end of an auction, User can go to My Bids section of the application and click on completed auction in order to see winners of auctions which have ended. The Winner will see the auctions highlighted in green colour and he can click on See Options to either claim the product or put it for sale in the Marketplace by bidheads technologies private limited. If some user chooses to buy it, you will get the consideration amount after deduction of handling fees by the company. Winner must claim the winning within 24 hours from end of bid.

14.2                 Items/Products are normally delivered within 30 working days after the bid amount has been paid. The Winner agrees that in some cases and/or unavoidable circumstances that may prevent BIDS365 in delivering the item/product to the Winner within the usual allotted time frame. BIDS365 shall strive to duly notify the Winner of such delay. However, the delivery period of products like automobiles such as car, scooter, bike, etc. or a residential property might take longer than 30 days subject to completion of formalities including payment of all necessary amounts by the winner. All items are delivered by registered delivery partners, to the registered address specified in the Winner’s BIDS365 Account.

14.3                 Items/Products on BIDS365 shall be new and original and carry manufacturer’s warranty (wherever available), which may vary according to the manufacturer. In case the packaging is damaged, user need to mention the same at the time of acceptance of delivery of the product to the courier partner. BIDS365 shall be there to assist the customer in rectifying any issues with any defective items/products within 3 (three) days from the date of receipt of the Product to the Winner’s address. However, BIDS365 does not offer any explicit product warranties to that effect. In the event that there is a fault with the received item(s)/product(s), please contact us and/or write to us at support@BIDS365.in and explain the issue with the item(s)/product(s) along with some photographs of the product(s)/item(s) as received. If any fault in the item/product is covered by the manufacturer’s warranty and/or the supplier, BIDS365 shall assist the winner in getting a resolution from the manufacturer/supplier. In case the customer has not received the product he purchased/won, he/she must raise the issue on support@BIDS365.in within 30 days from the date when payment was made for such product. Company will not be responsible for any non-deliveries if the issue was not raised within 30 days of payment.

14.4                 We do our best to give detailed and accurate description and/or information of the item/product where possible. The information may contain printing errors or incorrect elements. Therefore, item/product information shall not be considered as a declaration by BIDS365 of the technical characteristics of a product. Hence, even the product colour may vary depending upon stock availability. All images used are copyrighted and belong to their respective owners. In case, due to unavoidable circumstances the auctioned product including vehicle/cars is not available in your location, the BIDS365 team shall assist the winner in getting any other product (s) equivalent to the auctioned product value.

14.5                 Once the payment has been made by the member/User of BIDS365, no member/User shall be permitted to cancel or eligible for refund of the same. At BIDS365, the member/User cannot claim any refund of Bid credits purchased. All types of bids are non-transferable and non-refundable in nature.

14.6                 When placing a bid, the member/User agrees to provide an e-mail address that shall be used to contact the member/User at the time of the closing of the Auction in the case that the member/User has placed the Lowest Unique Bid. The member/User shall also provide with other contact details including, but not limited to, phone number, Skype, address, age and gender when opening an account. For any queries and/or feedback related to the BIDS365, the User can write to us at support@BIDS365.in. For further information about BIDS365 visit our website www.BIDS365.in

14.7                 BIDS365 reserves the right to contact the winner after the end of an Auction cycle and publish information about the winner. All winners of items are obligated to submit a picture, name and other details as asked to BIDS365 for publication in order to provide its members/User(s) and the public with transparency in regards to Auction winners.

14.8                 BIDS365 hereby declares that for prizes like automobiles such as scooter, bikes, car, etc., the Winner will have to pay the bid amount and additionally incur road charges, insurance cost, RTO charges and other applicable taxes since BIDS365 shall only pay the Ex-Showroom cost. However, in case of household products and electric products like a mobile phone, television, refrigerator, laptops, air-conditioners, voucher, etc. the Winner shall only pay the bidding amount of the auctioned product, subject to additional delivery charges levied by the delivery partners apart from the standard delivery charges, then such additional delivery charges will have to be incurred by the Winner. All prizes declared to the Winner will be at the sole discretion of BIDS365.

15. Disqualification

15.1                 BIDS365 reserves the right to refuse to accept any entry which, in its opinion, does not comply with the terms and conditions of the auction or which contravenes the spirit of the auction. BIDS365 further has an absolute discretion to disqualify any entry/bid, or vary, amend or waive the terms and conditions of the auction at any time and members/User(s) agree that no liability shall attach to either party as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. Any site members/User(s) or entrants found to be attempting or suspected of attempting to hack into any servers or systems run by BIDS365 or its associates will be immediately removed from the system and have their entries cancelled.

15.2                 The Member/User(s) hereby also agrees to use our services only for lawful purposes. Specific prohibited activities include, but are not limited to:

15.2.1            criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

15.2.2           promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

15.2.3           using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; d. e. f. depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;

15.2.4           attempting to circumvent, disable or otherwise interfere with security-related features of BIDS365 or features that prevent or restrict use or copying of any content or enforce limitations on use of BIDS365 or the content therein;

15.2.5           using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with BIDS365 application, and taking advantage of cheats, exploits or technical glitches;

15.2.6           using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;

15.2.7           interfering with, disrupting, or creating an undue burden on BIDS365 Platform or the networks connected to the Platform;

15.2.8           attempting to impersonate another participant or person;

15.2.9           collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

15.2.10       using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;

15.2.11       using any information obtained from BIDS365 in order to harass, abuse, or harm another person;

15.2.12       using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;

15.2.13       using BIDS365 in a manner inconsistent with any and all applicable laws and regulations;

15.2.14       sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone;

15.2.15       access or use of a third-party account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and

15.2.16       using our services for commercial exploitation.

15.3                 The User will immediately be banned from the accessing our services, if they are found to be participating in any one of these activities. Any conduct by the User in violation of the foregoing prohibitions may result in the suspension or termination of his/her Account.

15.4                 If it is found that a User bidding in the Auction(s) is a resident of any of the Restricted State(s) as mentioned in clause 2.3 above, his/her entries will be disqualified, and any prize or products won by such participant in the auction would be forfeited. Further, BIDS365 shall, at its sole and absolute discretion, suspend or terminate such User’s account.

16. Anti-Fraud Policy

16.1                 BIDS365 does not tolerate unfair or fraudulent behaviour from Users on its platform. Once unfair or fraudulent behaviour is detected, the Users/players found to be abusing, cheating or defrauding BIDS365 or its Users, by using illegal, unfair or fraudulent mean(s), shall be suspended or permanently banned from accessing the Platform and appropriate legal action against such perpetrators shall be undertaken. Any funds and/or deposits of any identified player engaging in unfair or fraudulent conduct or cheating, shall be frozen with immediate effect without notice. The information about the perpetrator will be shared with other online gaming sites and government authorities, as required.

16.2                 BIDS365 encourages Users/Players who believes or has a reason to believe that a User(s) is using illegal means and/or engaging in cheating or unfair practices while using the Platform in any manner, he/she may report the number or any other detail that may be relevant to BIDS365 who in-turn shall take the necessary and appropriate steps.

17. Governing Law

These Terms and all questions arising hereunder shall be construed, governed by, and interpreted in accordance with the laws of India. Each of the User(s) / member(s) / Winner(s) hereto irrevocably agree that the courts located in Eranakulam, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms.

18. Amendments

We reserve the right to change or amend the Terms of Use at any time. If we do this, we will place a notice on the website / application or notify you by any other means we deem appropriate in our sole discretion. It is your responsibility to check the Terms of Use on a regular basis, including, prior to using the Services. Your continued use of the Services constitutes your acceptance of the revised terms of the Terms of Use.