Terms and Conditions
Table of Contents
1. Application and Acceptance of the Terms.
2. Provision of Services.
3. Users Generally.
4. Member Accounts.
5. Member’s Responsibilities.
6. Breaches by Members.
7. Transactions Between Buyers and Sellers.
8. Force Majeure.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
(Updated on 13th May 2016)
- You may not use the Services and may not accept the Terms if;
- (a) You are not of legal age to form a binding contract with Bid4best.com, or (b) you are not permitted to receive any Services under the laws of India or other countries/regions including the country/region in which you are resident or from which you use the Services.
- You acknowledge and agree that Bid4best.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
- You may be required to enter into a separate agreement, whether online or offline, with Bid4best.com or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- The Terms may not otherwise be modified except in writing by an authorized officer of Bid4best.com.
- The Bid4best.com contracting entity that you are contracting with is Bid4best Technologies Private Limited if you are a registered member of the Sites and registered or resident in India.
- You must register as a member on the Sites in order to access and use some Services. Further, Bid4best.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Bid4best.com may impose in our discretion.
- Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Bid4best.com may in our sole discretion limit, deny or create a different level of access to and use of any Services (or any features within the Services) with respect to different Users.
- Bid4best.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in the case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
- Some Services may be provided by Bid4best.com’s affiliates on behalf of Bid4best.com
- As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
- You agree to use the Sites or Services solely for your own or business purposes. You agree that (a) you will not copy, reproduce, download, republish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Bid4best.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Bid4best.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
- Bid4best.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' websites. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that Bid4best.com has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
- You agree not to undertake any action to undermine the integrity of the computer systems or networks of Bid4best.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
- You agree not to undertake any action which may undermine the integrity of Bid4best.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
- By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to Bid4best.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Bid4best.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to Bid4best.com that you have all the rights, power and authority necessary to grant the above license.
- The user must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with Bid4best.com’s approval, one User may only register one member account on the Sites. Bid4best.com may cancel or terminate a User’s member account if Bid4best.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Bid4best.com may reject User’s application for registration for any reason.
- Upon registration on the Sites, Bid4best.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
- A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Bid4best.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
- Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, or sending SMS) will be deemed to have been authorized by the Member.
- Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple uses"), may cause irreparable harm to Bid4best.com or other Users of the Sites. A member shall indemnify Bid4best.com, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Bid4best.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
- Each Member represents, warrants and agrees that
- you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
- you use the Sites and Services for business purposes only; and
- the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
- Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites or your use of any Service or the member account. Each Member represents, warrants and agrees that
- such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and
- you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
- Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
- not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
- Each Member further represents, warrants and agrees that you shall/are:
- carry on your activities on the Sites in compliance with any applicable laws and regulations;
- conduct your business transactions with other users of the Sites in good faith;
- carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate Bid4best.com’s various proprietary directories, databases and listings;
- not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks used by Bid4best.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
- not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
- Not engage in any activities that would otherwise create any liability for Bid4best.com or our affiliates.
- Member may not use the Services and member account to engage in activities which are identical or similar to Bid4best.com’s business to business marketplace.
- If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals, and waivers from your business partners and associates to
- act as your business referee;
- post and publish their contact details and information, reference letters and comments on their behalf; and
- that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
- Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Bid4best.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in the delay in, or suspension or termination of, the provision of any Service, Bid4best.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
- Member acknowledges and agrees that Bid4best.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. Bid4best.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
- Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
- Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
- Bid4best.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Bid4best.com or our affiliates to liability, or is otherwise found inappropriate in Bid4best.com’s opinion.
- If any Member breaches any Terms, or if Bid4best.com has reasonable grounds to believe that a Member is in breach of any Terms, Bid4best.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
- suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Bid4best.com in its discretion;
- restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
- removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display;
- imposing other restrictions on the Member’s use of any features or functions of any Service as Bid4best.com may consider appropriate in its sole discretion; and
- any other corrective actions, discipline or penalties as Bid4best.com may deem necessary or appropriate in its sole discretion.
- Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- upon complaint or claim from any third party, Bid4best.com has reasonable grounds to believe that such Member has wilfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party.
- Bid4best.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
- Bid4best.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
- Bid4best.com believes that the Member’s actions may cause financial loss or legal liability to Bid4best.com or our affiliates or any other Users.
- Bid4best.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Bid4best.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Bid4best.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Bid4best.com for such disclosure.
- If a Member is in breach of the Terms, Bid4best.com also reserves the right to publish the records of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Bid4best.com also reserves the right to disclose the records of such breach to our affiliates. Such Bid4best.com affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such Bid4best.com affiliates.
- Bid4best.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if Bid4best.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Bid4best.com
- Each Member agrees to indemnify Bid4best.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
- Each Member further agrees that Bid4best.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Bid4best.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Bid4best.com in asserting any available defences.
- Through the Sites, Bid4best.com provides electronic web-based Marketplace platforms for exchanging quotes and information between buyers and sellers of products and services. Bid4best.com additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfil orders for the provision of products and services online within the Sites subject to the terms of the Bid4best.com Agreement. However, for any Services, Bid4best.com does not represent either the seller or the buyer in specific transactions. Bid4best.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
- Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Bid4best.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Bid4best.com cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
- Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Sites or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Sites. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Bid4best.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
- Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- User agrees to provide all information and materials as may be reasonably required by Bid4best.com in connection with your transactions conducted on, through or as a result of the use of the Sites or Services. Bid4best.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
- In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Bid4best.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Under no circumstances shall Bid4best.com be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- All legal notices or demands to or upon Bid4best.com shall be made in writing and sent to Bid4best.com personally, by courier, certified mail, or facsimile to the following entity and address: Bid4best.com India
- All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Bid4best.com, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
- Bid4best.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon Bid4best.com posting such notice on an area of the Sites that is publicly accessible without charge.
- You agree that all agreements, notices, demands, disclosures and other communications that Bid4best.com sends to you electronically satisfy the legal requirement that such communication should be in writing.
The fees we charge for using our Services are listed on our Standard Selling Fees Page. Member/user will pay all fees or charges to its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
- Bid4 best will raise invoice on 5th, 15th and 25th of every month, for all the due payments of commissions to be paid to Bid4best. Payments should be made within 15 days of the invoice raised respectively.
- Overdue Charges: If any invoiced amount is not received by Bid4best by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower,
- By using our services you agree to the payment terms mentioned below
- payment obligations are non-cancellable and fees paid are non-refundable,
- We may change our seller fees from time to time by posting the changes on the Bid4 best site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
- If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us; retain collection agencies and legal counsel. In addition, you will be subject to late fees.
- Bid4 best, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
- If the payment is made through third party channel e.g. e-payment, wallets etc. The additional charges have to be borne by the member/user.
- You must have a payment method on file when selling on Bid4 best and pay all fees and applicable taxes associated with our Services by the payment due date.
- Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority.