Hild Smartech Pvt Ltd is a company registered in India whose registered office is in Chennai. We operate this website (“the Site”), the homepage of which can be found at www.bidzpro.com
Your access to and use of the Site is subject to these Terms of Use, together with the site’s Privacy Policy, which forms part of these Terms of Use and all applicable laws. Your use of the Site constitutes your unqualified agreement to accept and comply with these Terms of Use.
- Purpose of the site
- User Eligibility
- User Agreement
- Copyright, Trade Marks, Logos and Service Marks
- Links to Third Party Sites/Content
- Registered User(s)
- Termination
- Data Protection/Personal Information
- Use of the Site
- Interactions between User(s)
- Governing Law and Disputes Resolutions
- Viruses
- Feedback & Complaints
- Earnest Money Deposit (EMD)
- General
1. Purpose of the site
Bidzpro acts as an online platform for its members to negotiate & interact for buying/selling by way of locating companies to trade with, through its on-line exchange.
Bidzpro does not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale or any negotiations between buyers and sellers.
All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Bidzpro and other party.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume 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 web site.
Such risks shall include, but are not limited to, mis-representation 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 mis-calculations, breach of warranty, breach of contract and transportation accidents.
Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
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 product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web site 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".
User(s) agree that Bidzpro shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks.
User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use Bidzpro database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
2. User eligibility
Use of the site is unavailable to persons below the age of 18 years or persons who cannot legally form a contract under India Contract Act, 1972 or Users suspended or removed from Bidzpro system for any reason whatsoever. However if you are below the age of 18 years, you may avail of Bidzpro's services through your legal guardian in accordance to applicable laws.
3. User Agreement
User(s) may use this site solely for their own personal or internal purposes. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
Bidzpro may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
4. Copyright, Trade Marks, Logos and Service Marks
The trade marks, logos and service marks (collectively “the Trade Marks”) displayed on the Site (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained in the Site shall be construed as granting any license or right to use any Trade Mark displayed on the Site without the prior written consent of the relevant Trade Mark owner. Your misuse or infringement of any of the Trade Marks displayed on the Site is strictly prohibited.
The copyright in all aspects of the Site is owned by us. All content is protected by copyright and may not be used except as expressly provided in these Terms of Use without our prior written consent. We do not warrant or represent that your use of materials displayed on the Site/procured from the site will not infringe the rights of third parties. You must not copy, adapt, download, distribute, exploit or otherwise use the information contained on the Site in any way, save for the purpose of enquiring about or requesting information relating to our business and the services we offer, or downloading and temporarily storing one or more of the pages of the Site for the purpose of viewing, for your personal use only, on a personal computer or terminal. You must not use the content of the website for any commercial purpose such as creating your own database. For the avoidance of doubt you shall not be entitled to reproduce, permanently store, or retransmit any of the contents or data of the Site without our prior written consent except as expressly provided in these Terms of Use.
5. Links to Third party
Bidzpro may allow Users to access content, products or services offered by third parties through hyperlinks in the form of word link, banners, channels etc. You are cautioned to read such site' terms and conditions and/or privacy policies before using the Site. You acknowledge that Bidzpro has no control over such third parties' site, does not monitor such site, and shall not be responsible or liable to anyone for such site, or any content, products or services made available on such site.
6. Registered Users
User must be registered on the Site to access or use some Services Upon registration on the Site, Bidzpro shall assign an account and issue/allow to create a Username and password ( both shall be chosen by a registered User during registration) to each registered User. ( shall also called as Member)
A set of username and password is unique to a single account. Each registered member shall be responsible for maintaining the confidentiality and security of his/her username and password and for all activities that occur under his/her account. No registered member may share, assign, or permit the use of his/her login details by another person outside of the Member’s own business entity. Member agrees to notify Bidzpro immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
7. Right to Terminate
Bidzpro reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) free / to paying Users or subject to other conditions that Bidzpro may impose in our discretion
Bidzpro may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
You must read Bidzpro Privacy Policy which governs the protection and use of personal about Users in the possession of Bidzpro. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
Bidzpro may cancel or terminate a User’s member account if Bidzpro has reasons to suspect the Users code of conduct or any behavior in such manner.
8. Data protection
Personal information supplied by user(s) during the use of web site is governed by our privacy policy. Please click here to know about our privacy policy.
9. Use of the Site
We do not warrant that your access to the Site will be uninterrupted. Your use of the Site is at your risk. Action should not be taken without obtaining specific advice. The information and materials provided on the Site are of a general nature only and cannot be regarded as constituting advice or recommendations (professional or otherwise). We do not accept any liability for any direct, indirect, special or consequential losses or damages of whatever nature, including but not limited to loss of anticipated savings, data, goodwill or contracts resulting from whatever cause. We exclude all warranties, express or implied, relating to the information and materials on the Site to the fullest extent permitted by law. Nothing in these Terms of Use limits or excludes any rights you may have as a consumer or any liability for fraudulent misrepresentation or death or personal injury resulting from our negligence.
Each Member further represents, warrants and agrees that the User Content that they submit, post display shall:
- A. be true, accurate, complete and
- B. not be false, misleading or
- C. not contain information that is defamatory, libelous, threatening or harassing, objectionable, offensive, sexually explicit or harmful to minors;
- D. not contain information that is discriminatory or promotes discrimination based on race, religion, nationality, disability, sexual orientation or age;
- E. not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
- F. not violate any applicable laws and regulations (including without limitation those export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- G. not contain any link directly or indirectly to any other site which includes any content may violate the Terms.
- H. Carry on their activities on the Site in compliance with any applicable laws and regulations
- I. Conduct their business transactions with other users of the Site in good faith
- J. Carry on their activities in accordance with the Terms and any applicable Additional Agreements
- K. Not use the Services or Site to defraud any person or entity (including without limitation of stolen items, use of stolen credit/debit cards);
- L. Not impersonate any person or entity, misrepresen themselves or their affiliation with any or entity;
- M. Not engage in spamming or phishing;
- N. Not engage in any other unlawful activities (including without limitation those which constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- O. Not involve attempts to copy, reproduce, exploit or expropriate Bidzpro various directories, databases and listings;
- P. Not involve any computer viruses or other destructive devices and codes that have the effect damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Q. Not involve any scheme to undermine the integrity of the data, systems or networks used Bidzpro and/or any user of the Site or gain unauthorized access to such data, systems or networks;
- R. Not engage in any activities that would otherwise create any liability for Bidzpro
If any Member breaches any Terms or if Bidzpro has reasonable grounds to believe that Member is in breach of any the Terms, Bidzpro shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member.
Bidzpro shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Bidzpro.
The penalties that Bidzpro may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Bidzpro may consider appropriate in our sole discretion.
10.Interaction Between Users
Bidzpro provides an on-line platform for exchanging information between buyers and sellers of products and services. Web site 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 web site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses.
In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify Bidzpro (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.
11.Governing Law and Dispute Resolutions
Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of Indian Territory.
12. Viruses
Whilst we try to keep our anti-virus software up-to-date we do not warrant that the Site, its servers, downloadable files or e-mails which may be sent by us, are free from viruses or other harmful components. You must not introduce or attempt to introduce any virus or other contaminant to the Site or any of its software or systems or in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Site, its software or systems.
13.Feedback and Complaints
Any queries, feedback or comments you may have about the Site should be submitted by emailing us at: Info@bidzpro.com
14.Earnest Money Deposit (EMD)
It is the responsibility of the auctioneer (one who is posting the auction) to check whether the bidder (one who is placing the bid) has paid the Earnest Money Deposit amount before approval for bidding. Bidzpro is not responsible by any means for the dispute arising in the transaction of Earnest Money Deposit between the auctioneer & bidder.
15.General
We may amend these Terms of Use from time to time. If we make any substantial changes we will notify you by posting a notice on the Site’s homepage. You are bound by any changes we make to these Terms of Use: you can view the current version of these Terms of Use at any time by clicking on the Terms of Use link on the homepage of the Site. If any of these Terms of Use are unenforceable it shall not affect the enforceability of the rest of them. These Terms of Use shall be governed by and construed in accordance with Indian law and are subject to the exclusive jurisdiction of the Chennai Courts.