Terms Of Use

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS/ SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS MENTIONED HEREUNDER.

The terms and conditions and the Privacy Policy for the Acceptable use of the Website and/or Mobile Application constitute a legally-binding agreement between BIDDING MART and YOU(the person that accesses, uses, and/or participates in the Website in any manner whatsoever). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Websiteand /or Mobile Application, including users who are also contributors of video content, audio content, information, private and public messages, advertisements, and other materials or Services on the Website and /or Mobile Application.

You acknowledge that the Websiteand /or Mobile Application serves as a facilitator for the online distribution and publication of user submitted information between Sellers/Service Providers and Product/ Service User, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on "I have read and agree to the terms of use," you hereby certify that:

Terms

  • You are either a Seller, selling new products and/or selling old/used products or Service Provider, providing Skilled/ Special Services,including, but not limited to, professional advice, instructions, defect rectification, problem solving guidance, professional assistance, or a prospective Product/ Service User;
  • You have the authority and competency to enter into agreement, in order to use or access the website and/or Mobile Application, as per these Terms of Use;
  • You authorize the transfer of payment for Products/Services requested through the use of the Website and/or Mobile Application; and
  • You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference hereunder. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website and/or Mobile Application. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

YOU AGREE THATYOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACTBY USING THE WEBSITEAND /OR MOBILE APPLICATION.

Discretion to Change, Modify or Amend Terms of Use.

Bidding Martin its sole discretion, reserves the right,to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference hereunder for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Bidding Mart will post the amended Terms of Use at the domain of www.biddingmart.com/terms-of-use.html.

It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website and/or Mobile Application following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

Privacy Policy to Constitute Part of Terms of Use

Bidding Mart has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is hereby incorporated into the Terms of Use set forth hereunder. The use of this Website and/or Mobile Application is governed by the Privacy Policy.

Access

Bidding Mart hereby grants you access to use the Website as set forth in the Terms of Use; provided, however, that you will use the Website for its intended purposes; and will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

Notice

You agree that Bidding Mart may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Bidding Mart or the applicable third party (if third party content is at issue).

By posting, storing, or transmitting any content on the Website, you hereby grant Bidding Mart a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Bidding Mart does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Bidding Mart is not liable for any damage or harm resulting from any posts by or interactions between users. Bidding Mart reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Bidding Mart deems objectionable, in Bidding Mart's sole discretion.

Use of Website

Bidding Mart is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property) and you will not interfere with or disrupt the use and enjoyment of the Website by other users, you will not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and you will not defame, harass, abuse, or disrupt other users of the Website.

Content

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Product/ Service ("Offer"), the posting of your desired Product/ Service ("Desire"), or the posting of any opinions or reviews in connection with the Website, the Service, the Seller/ Service Provider, or the Product/ Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting") that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Seller/ Service Providers; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage Bidding Mart or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant BIDDING MART all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a BIDDING MART employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for the Website (as determined by BIDDING MART in its sole discretion);
  • contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • contains advertising for Ponzi-schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm BIDDING MART, or the interests or property of BIDDING MART users
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content;
  • contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of BIDDING MART

The foregoing lists of prohibitions provided examples and are not complete or exclusive. Bidding Mart may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Bidding Mart's discretion, Bidding Mart will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.

Copyright Infringement

Bidding Mart may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at support@biddingmart.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Bidding Mart to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit Bidding Mart to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed.

Bidding Mart Fees

1 Fees Incurred by Seller/ Service Providers

Joining BIDDING MART, opening an Account, posting Services and viewing posted Services is free. BIDDING MART reserves the right at its sole discretion to charge fees to Seller/ Service Providers for other services that BIDDING MART may provide in the future.

BIDDING MART may also in certain categories require Seller/ Service Providers to make payments for following up on job leads i.e. requests posted by Product/ Service Users, and permitting the Seller/ Service Provider to contact the Product/ Service User (“Job Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the Product/ Service requested. In order to be eligible to make such Job Fee payment, Seller/ Service Providers shall be required to make advance payments (“Credits”) from which the Job Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Seller/ Service Provider shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Product/ Service Users.

BIDDING MART reserves the right to charge fees for providing, any existing or future services, at its sole discretion.

2 Fees Incurred by Product/ Service Users

Joining BIDDING MART, opening an Account, viewing posted Services, and bidding on posted Services are free. BIDDING MART currently does not charge Product/ Service Users for transactions completed on the Website between Product/ Service Users and Services Provider s. However, BIDDING MART reserves the right to charge a fee to Product/ Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after BIDDING MART has provided you with thirty (30) days' notice by posting the changes on the Website.

If applicable, you agree to pay all fees or charges to your Account based on BIDDING MART's fees, charges, and billing terms then in effect. If you do not pay on time or if BIDDING MART cannot charge your credit card, any payment gateway or other payment method for any reason, BIDDING MART reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use. You are expressly agreeing that BIDDING MART is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that BIDDING MART may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. BIDDING MART reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

3 Taxes

You understand that we are acting solely as an intermediary for the collection of rents and fees between a Product/ Service User and a Seller/ Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by jurisdiction, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that BIDDING MART shall not be responsible or liable in any manner in relation to tax liability of a Product/ Service User or a Seller/ Service Provider.

3 Refund Policy

All commissions payable to BIDDING MART by Seller/ Service Providers on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.

All monies paid by Seller/ Service Providers in form of “Credits” are non-interest bearing. Unutilised and unclaimed "Credits" for a period of more than 1 year. from the date of purchase of "Credits" shall expire and stand forfeited. No refunds of credits will be processed after the expiry date.

Advertisements

Aspects of the Website and other BIDDING MART services may be supported by advertising revenue. As such, BIDDING MART may display advertisements and promotions on the service. The manner, mode and extent of advertising by BIDDING MART on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by BIDDING MART of any advertised products or services. You agree that BIDDING MART shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

Third-Party Links, Contact Forms and Phone Numbers

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party websites, and, if applicable, allow you to configure your privacy settings in your third-party website account to permit your activities on the Website to be shared with your contacts in your third-party website account. Because BIDDING MART has no control over such sites and resources, you acknowledge and agree that BIDDING MART is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party websites should in no way be considered as or interpreted to be BIDDING MART's endorsement of such third-party sites or any product or Product/ Service offered through them. You further acknowledge and agree that BIDDING MART shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than BIDDING MART. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with BIDDING MART. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than BIDDING MART are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

Disclaimer of Warranties

You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, and bidding mart and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, sellers/ service providers, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an "as is," "as available" and "where is" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Bidding Mart does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or product/ service user or seller/ service provider , or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website. Bidding Mart does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. Bidding mart will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party sellers/ service providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

Bidding Mart entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

Bidding Mart will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

Indemnification

You will release, indemnify, defend and hold harmless Bidding Mart, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Bidding Mart. When Bidding Mart is threatened with suit or sued by a third party, Bidding Mart may seek written assurances from you concerning your promise to indemnify Bidding Mart; your failure to provide such assurances may be considered by Bidding Mart to be a material breach of this Agreement. Bidding Mart will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Bidding Mart choice at its expense. Bidding Mart will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Bidding Mart against any claim, but you must receive Bidding Mart prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

Agreement to be Bound

By using this Website or ordering Products/ Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website/ Mobile Application.

Force Majeure

Bidding Mart will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, Act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation

Bidding Mart may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement

This Agreement comprises the entire agreement between you and Bidding Mart and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver

The failure of Bidding Mart to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in SAS Nagar (Mohali),Punjab, India.

Neither you nor Bidding Mart will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in SAS Nagar (Mohali),Punjab, India. By using this Website or ordering Products/ Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination

Bidding Mart reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Bidding Mart may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Bidding Mart reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Bidding Mart chooses, in its sole discretion and without advance notice to you, to terminate it.

Modification or Cessation of Website

BIDDING MART reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that BIDDING MART shall not be liable to you or to any third party for any modification, suspension or discontinuance of BIDDING MART services.

2 Termination by Bidding Mart

You hereby acknowledge and agree that BIDDING MART, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if BIDDING MART believes or has reason to believe that you have violated any provision of the Terms of Use.

3 Termination by You

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Delete Account."

4 Effect of Termination

Upon termination of your Account, your right to participate in the Website, including, but not limited to, Your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the BIDDING MART system.

Unless BIDDING MART has previously cancelled or terminated your use of the Website (in which case subsequent notice by BIDDING MART shall not be required), if you provided a valid email address during registration, BIDDING MART will notify you via email of any such termination or cancellation, which shall be effective immediately upon BIDDING MART's delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of BIDDING MART Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that BIDDING MART shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, BIDDING MART retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted BIDDING MART hereunder shall remain in effect for the foregoing purpose. In no event is BIDDING MART obligated to return any Submitted Content to you.

You agree to indemnify and hold BIDDING MART, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Seller/ Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

Domestic Use

Bidding Mart makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Bidding Mart may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.