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Last Updated: February 1. 2008
Please review our Official Rules and Privacy Statement which also govern your visit
to our site(s) to understand our practices. |
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Please read the following General Website Terms of Service (this "Terms of Service")
carefully before opening a B4P membership account ("Account'), using B4P.in (the
"Site") or the various services we provide, including, but not limited to providing
Downloads (defined below) and Contests (defined below) and awarding prizes to winners
of Contests (collectively, the "Services"), so that you are aware of your legal
rights and obligations with respect to Mango Network India Pvt. Ltd., and its affiliates
and subsidiaries (individually and collectively, "we," "us," or "Mango Network").
BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, INCLUDING AGREEING
TO PARTICIPATE IN A CONTEST, YOU (i) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS
GENERAL TERMS & CONDITIONS; AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO
AGREE TO THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT
ALLOWED TO USE THE SITE OR THE SERVICES OR TO CREATE AN ACCOUNT.
EACH CONTEST HAS ITS OWN TERMS AND CONDITIONS. BY PARTICIPATING IN A CONTEST, YOU
AGREE TO THE SPECIFIC TERMS AND CONDITIONS OF THAT CONTEST IN ADDITION TO THE TERMS
AND CONDITIONS OF THESE TERMS OF SERVICE AND THE B4P PRIVACY STATEMENT. PLEASE CAREFULLY
READ THE SPECIFIC TERMS AND CONDITIONS OF THE CONTEST YOU ARE ENTERING AS WELL AS
THE REST OF THIS TERMS OF SERVICE AND THE B4P PRIVACY STATEMENT BEFORE PARTICIPATING
IN THE CONTEST.
Our business changes constantly, and our Privacy Policy Official Rules and Terms
of Service change also. We may e-mail, text or in other ways provide periodic reminders
of changes to our policies but you should check our Web site frequently to see recent
changes. B4P has the right to revise this Terms of Service at any time without providing
notice to its users. Your continued use of this Site, the Services and/or your Account
shall be deemed irrevocable acceptance of those revisions.
B4P reserves the right to change, modify, suspend or discontinue any portion of
this Site or any Contest at any time. B4P may also impose limits on certain features
or restrict your access to parts or the entire Site in its sole discretion and without
notice or liability.
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1. The Concept |
B4P provides a "reverse Bidding" game where the user attempts to guess (bid) the
lowest unique number for any prize and thereby can win the given prize at the end
of the bidding ("game"). The user can participate at online web site (www.b4p.in) or through their mobile
handset. The user will also receive reward points for every bid submitted to B4P,
on registration & by referring friends or relatives. These points can be redeemed
for any free content once the participant accumulates certain redemption point’s
which fall within predefined slabs. The free content for redemption may vary from
time to time. For each particular Bid4Prizes reverse bid, Bid4Prizes will determine
the following:
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- Availability of product for reverse bidding
- The Closing Date of the Bid.
- The Charges per Bid.
- The Bid Increment.
If required, Bid4Prizes may also specify the following:
- A Bid Limit for a particular product and
- The Quantity Available.
A given Bid4Prizes reverse bidding will close and a Successful Bidder will be selected
as per clause “5” of this agreement under any one of the following circumstances:
- On the Closing Date of the bidding where Bid4Prizes chooses not to extend the Closing
Date.
- At a date before the Closing Date at Bid4Prize’s discretion.
- Should the Closing Date of the Bid arrive and the required number of Bids has not
been reached then Bid4Prizes reserves the right to extend the Closing Date for additional
periods of up to 30 days by determining a new Closing Date(s).
- At the Closing Date, the Successful Bidder will be determined as per clause “5”
of this agreement. Bid4Prizes may at its discretion and at any time following the
close of the Bid, place other identical or similar products /services in a different
Bid4Prizes Bid. No Bids placed in any individual Bid4Prizes Bid will count as Bids
in any other Bid4Prizes Bid. In addition the Bid variables (Processing Charge etc.)
may differ between individual Bid4Prizes Bids, even though the product or service
that is being Bided is either identical or similar.
- The retail price or market value of the product /service on offer may be stated
as part of the description of the product service on Bid4Prizes site. While Bid4Prizes
will endeavor to ensure that this information is as accurate as possible, Bid4Prizes
does not warrant that this information is correct or that the product /service are
not available at a lower price.
- Bid4Prizes is the sole determinant of the answers to the Qualifying Question/s and
its decision shall be final and binding on the Bidders.
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2. Making a Bid |
- The success of such a concept relies on fair and honest participation by Bidders.
A Bidder must not under any circumstances disclose details of their Bid to any other
person before the Closing Date. In particular, a Bidder must not collude or enter
into any arrangement of any sort with any other Bidder(s).
- In order to make a Bid, a Bidder must be aged 18 or above. To be a winner by bidding
the lowest & unique bid, registration is a must, except in the case of IVR bidding.
In case of winning bid through IVR, the winner has to prove his/her identity. Also
the call initiating number must belong to the participant. The following information
is required in order to register for Bidding.
- Full Name
- Address
- Date Of Birth
- Gender
- Landline telephone number
- A valid e-mail address
- A Bid is only considered accepted once payment of the Processing Charge(s) has been
physically recorded as a received payment in the Bid4Prizes system. Approved credit
card payments for the purchase of Credits to be used as payments for the Processing
Charges are automatically recorded as received payments once payment has been confirmed
through our payment gateway.
- Bid4Prizes reserves the right to cancel any Bid without making a refund of the applicable
Processing Charges under any one or more of the following circumstances:
- The Bidder provides any false, misleading or invalid information of any kind when
registering or purchasing Credits or when placing a bid.
- A fraudulent credit card is used to purchase Credits to pay for the relevant Processing
Charge(s).
- The bank or other credit institution reverses the credit card transaction for the
purchase of Credits for the submission of the Processing Charge.
- A Bidder colludes in any way with another Bidder when placing a Bid.
Any other breach of this agreement.
- The Bidder exceeds or attempts to exceed their Bid Limit for a particular Bid4Prizes
product category.
- Bid4Prizes reserves the right to cancel any Bid and offer a refund of the applicable
Processing Charges in Credits to the Bidder's Account under any one or more of the
following circumstances:
- A Bid is placed with credits for payment of the processing charge and Bid4Prizes
receives this Bid after the closing Date.
- If the required number of Bids (applicable for each item in the case of multiple
item Bids) has not been reached (whether the closing date of the Bid has arrived
or not)
- Bid4Prizes reserves the right to offer a different item to the one advertised, to
an equivalent value of the amount, against bids received on a particular Bid in
the following event:
- A Bid4Prizes Item on bid fails to receive the minimum required bids before the end
date of Bidding or before the extended end date of Bidding.
- If multiple Items are available for a particular bidding, and then each bid will
be allocated to one of the Items automatically by Bid4Prizes (all bids placed in
the same instance will be allocated to the same Item).
- Bid4Prizes shall not be liable for any causes preventing the receipt of bids for
any reason, including but not limited to an overload of the telephone service centre,
failure of the hardware or software providing access to the Internet or any other
technical difficulties whatsoever.
- In a bid, up to a maximum of two decimals are allowed, e.g. Bid 2.65. If you submit
your bid amount with more than two decimals (e.g. 2.654) then initial two decimals
(e.g. 2.65) on your bid amount will be considered & accepted by MANGO NETWORK
("Winning bidder").
- Your bids cannot be cancelled. By bidding on an item you agree to be bound by the
conditions of sale (in auction format of the game) included in the items description
(or linked to from the description) so long as those conditions of sale are not
in violation of the Terms and Conditions or unlawful. In case of consumer goods,
sellers of the Service may or may not specify the retail prices of the items being
sold. You are advised to independently verify the retail prices of such items if
you so desire.
- MANGO NETWORK strongly advises you not to test the service with false bids, as it
will put you at substantial personal legal risk. It is a crime to use a false name
or other false personal information to bid. Willfully entering erroneous or fictitious
bids may result in prosecution by MANGO NETWORK.
- As a Winner you must contact MANGO NETWORK within seventy-two (72) hours of Bid
closing successfully
or else your claim will be denied. This is mandatory and no exception will be made
whatsoever.
- Please be aware that even if you do not give MANGO NETWORK your real name, your
Mobile phone transmits a unique phone number to us, which can be used by law enforcement
officials to identify you.
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3. Fees and Services
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- The SERVICE is open to all citizens & legal residents of India . The service
will be available on SMS, Voice/IVR, WAP & online on the www.b4p.in website. Mango Network
will inform its users on the availability of service using a different mode of participation,
including operator’s network coverage on a time to time basis. All the access mediums
will be at premium charging i.e. Rs.10/- per SMS & WAP and Rs.6/- per minute
on Voice/IVR. The relationship between mobile operator and the user will be subject
to guidelines/directions issued by Telecom Regulatory Authority of India or any
other statutory authority from time to time. Unless otherwise stated, if any fees
are applicable, such fees shall be quoted in Indian Rupees. Participants are responsible
for paying all fees associated with the use of the service and he/she agrees to
bear any and all applicable taxes, charges, cesses etc. levied thereon. In such
a case, MANGO NETWORK reserves the right to issue a warning, temporarily /indefinitely
suspend or terminate your access to the service in case of non-payment of fees by
you to the network operators.
- Online users can buy credit points in multiples of Rs.10/- using their credit card.
At least 10 minimum credit points needs to be purchased at a time.
- Bidder also gets reward points against registration, every bid & by referring
friends & relatives. The reward points can be redeemed against free content
(ring tones / wallpaper / game) once they accumulate points against pre defined
redemption slabs. Mango Network reserves the right to change the availability of
free content on a time to time without prior notice.
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4. Priority in Bidding
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In order to qualify and be identified as a successful bid, the following priority
parameters will be followed:
- Bid Price: The lowest and unique price bid always supercedes the higher and unique
or the higher and lower non-unique price bids; The bid has to be unique as well
as the lowest bid to be the winner. For e.g if the lowest bid is 0.50 paisa. However
if more than one person has given 0.50 paisa as the bid price then 0.50 paisa may
not qualify as the winning bid. The next lowest bid (for e.g. Rs.1) which is also
unique (i.e. not given by any other User) shall qualify as the winner.
- Should the successful Bidder fail to claim the product /service within 30 days of
the closing Date of bid then Bid4prizes reserves the right to forfeit the successful
bidders claim.
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5. Determination of the Successful Bidder
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- The Bidder who places the lowest Unique Bid is determined as the successful Bidder
for that particular item on Bid, thereby having the right to get the product free,
except that TDS or any other applicable tax needs to be born by the winner.
- Should there be no successful lowest unique Bid, then the successful bidder will
be selected by lucky draw from the list of lowest Bidders or Bid4prizes may extend
the closing date until there is a unique & lowest bid.
- Should the successful bidder fail to claim the product /service within 30 days of
the closing Date of bid then Bid4prizes reserves the right to forfeit his/her claim.
- There may be a period of up to 72 working hours from the closing Date until the
Bid results are announced. This period is to allow for the reconciliation of Bids
and the auditing of results.
- Every prize available for bid has a minimum bids requirements criteria. At the close
of the bidding date/time if the minimum bids required have not been achieved then
B4P.in holds the right to take-off that prize without declaring any winner or continue
the bidding till the minimum bids required criteria is fulfilled or restart the
bidding for that prize.
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6. Payment of the Processing Charge
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- The Bidder warrants that he/she is the owner of the credit card and is authorized
to make use of it for the purpose of purchasing credits, for participating in Bid4Prizes
Reverse Bidding.
- Bid4Prizes uses one or more third-party payment service providers for the acceptance
of payments for Bid4Prizes Bids. While Bid4Prizes has endeavored to ensure that
due care is exercised in handling credit card information, including the use of
Secure Sockets Layer (SSL) for the transmission of sensitive information over the
Internet and industry standard encryption for the storage of sensitive information
as well as password / firewall access controls to this information, Bid4Prizes will
not be liable for any compromise or misuse of this information.
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7. Refunding of Processing Charges
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- Once Credits have been purchased, then any refunds deemed due under these terms
and conditions will be refunded in Credits to the Bidder's Account. Bid4Prizes will
not make any cash refunds under any circumstances.
- Provided a successful Bidder for a particular Bid4Prizes Bid Item is determined
as per clause “5”, no credit of Processing Charges will be offered.
- In a case where Bid4Prizes offers a credit of processing charges as per clause (6.I),
the Bidder's Account will be credited with credits to the amount due, and such credits
may then be used to offset processing charges on future Bid4Prizes Bids.
- If a refund is requested by a particular Bidder, Bid4Prizes will attempt to refund
any credits due to that Bidder by refunding the credits straight into the Bidder's
Account. If Bid4Prizes is unsuccessful in effecting such a refund, then Bid4Prizes
will e-mail the affected Bidder (using the last e-mail address that was provided
to Bid4Prizes), requesting information required in order to process the refund.
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8. Delivery of Products/Services
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- The delivery of the product and/or the service to the Successful Bidder is subject
to accepting or paying applicable TDS or any other applicable Taxes on winning product
by the successful bidder.
- Any transfer and/or delivery costs which are payable in addition to TDS or any applicable
Tax on winning product, will be stated in the particulars of the relevant Bid4Prizes
reverse bidding, and must be paid by the Successful Bidder.
- It should be understood that Bid4Prizes is not the supplier of the products /services,
and that the products /services may be supplied to successful Bidders directly from
the suppliers and/or the producers and/or the importers and/or the service providers,
subject to the conditions stated in this agreement.
- Guarantees for products/services will only be provided as stated in the Bid description
for each particular Bid4Prizes reverse bidding item (no mention of a guarantee will
imply no particular guarantee). Your statutory rights are unaffected.
- Except to the extent that is required by law, Bid4Prizes is not responsible for
the quality of the product, its fitness for purpose, its faults and/or unsuitability
causing loss or damage to the user.
- The prize will be delivered to you in 90 working days or less from the date of receiving
the following:
- Documents duly filled & signed by the winner & all formalities completed
by the winner.
- Payment for all mobile bills for the tenure during which the bid was made (in case
of postpaid winners).
- Clearance/confirmation received from the respective telecom operator.
- All efforts will be made to send the products to the winners' given addresses. However,
in case of areas not serviceable by our appointed vendor, the winners will be required
to furnish alternate serviceable delivery addresses or should themselves collect
from the nearest possible point of delivery at their own cost.
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9. Platform for Communication
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- MANGO NETWORK does not make any representation or Warranty as to the attributes
(such as quality, worth, marketability, etc.) of the items or services proposed
on the Website. In particular, MANGO NETWORK does not implicitly or explicitly support
or endorse the sale or purchase of any items on the Service and/or the Website.
MANGO NETWORK accepts no liability of any nature whatsoever for any errors or omissions,
whether on behalf of itself or third parties.
- You agree to indemnify, defend and hold harmless ‘Mango Network’, and its subsidiaries,
affiliates, officers, parent companies, agents, co-branders or other partners, and
employees (collectively, the "Indemnified Parties"), at your expense, against any
and all claims, bids, proceedings, and suits and all related liabilities, damages,
settlements, penalties, fines, costs and expenses (including, without limitation,
reasonable attorneys' fees and other dispute resolution expenses) incurred by any
Indemnified Party arising out of or relating to your (a) Violation or breach of
any term of this Terms of Service or any policy or guidelines referenced herein,
or (b) use or misuse of this Site, the Services, the Contests or the Downloads.
- MANGO NETWORK and its partners and agents are in no manner whatsoever responsible
of any failure of systems/technology etc., as a result of which the service does
not receive your bid.
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10. Data Protection and Privacy
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- Bid4Prizes acknowledges its duties under the Data Protection Act 1998 as a data
controller. Bid4Prizes will not sell personal Bidder information to any third-party,
or use that information other than for the performance of this agreement without
the express consent of the Bidder.
- Bid4Prizes may however, disclose such personal information without consent if required
to do so by law, or in response to a valid request from a law enforcement or governmental
authority.
- Bid4Prizes would, in conjunction with the relevant suppliers of a particular product
/service on bidding or similar products, wish to make use of personal information
to make alternative offers in relation to such a product /service. If the Bidder
wishes to take advantage of this opportunity to receive offers or information in
respect of the types of products on which they submit a Bid, please tick the box
below the button.
- For further information in relation to personal information we hold about you, please
see separate privacy statement.
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11. Electronic Communications |
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When you use the service, send SMS messages to us or use the website, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by SMS or by posting notices on the Site, as deemed
fit by MANGO NETWORK. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
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12. Publicity |
- Bid4Prizes may, at its sole discretion, release any information concerning the status
of a Bid4Prizes reverse bidding during the course of a Bid.
- Each Bidder acknowledges that, if he/she becomes the successful Bidder, Bid4Prizes
will be permitted to publicize his/her name, surname and location (not their personal
address), Bid amount, and the product /service, which was the subject of the relevant
Bid4Prizes Bidding.
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13. Membership Eligibility |
- Use of the service and/or the Website is available only to persons who are citizens
of India, are also residing in India and can form legally binding contracts under
applicable law. Persons who are "incompetent to contract" within the meaning of
the Indian Contract Act, 1872 including minors (i.e., below 18 years of age), un-discharged
insolvent etc. are not eligible to use the service and/or the website. If you are
a minor i.e. under the age of 18 years, you cannot register as a member of the Service
and cannot bid for any items on the Service. MANGO NETWORK reserves the right to
terminate your membership and refuse to provide you with access to the service and/or
the website if MANGO NETWORK discovers that you are under the age of 18 years.
- By using the service, you guarantee and undertake to ensure that you satisfy the
above participation criteria.
- Employees, partners, carriers employees of carriers, and agents of MANGO NETWORK,
the seller, their subsidiary companies or any company connected with the Bid4Prizes
reverse bidding game are not eligible to enter, nor are their relatives or immediate
members of their families or households.
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14. Your Account and Registration Obligations |
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You agree to provide true, accurate, current and complete information about yourself
as and when requested by MANGO NETWORK (such information being the "Registration
Data") If you provide any information that is untrue, inaccurate, not current or
incomplete or MANGO NETWORK has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, or not in accordance with the
Terms and Conditions, MANGO NETWORK has the right to indefinitely terminate your
access to the Service and/or the Website and exclude all bids placed by you.
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15. Use of the Service |
You agree, undertake and confirm that your use of the Service shall be strictly
governed by the following binding principles:
- "Your Information" is defined as any information including but not limited to your
photograph (passport size) you provide to us or other users of the Service ("Users")
in the registration, bidding, buying, in the feedback area or through any message
feature. You are solely responsible for Your Information, and we act as a passive
conduit for your online and/or in any manner for distribution and publication of
Your Information.
- Your Information (or any items listed):
- shall not be false, inaccurate or misleading;
- shall not be fraudulent in any manner;
- shall not infringe any third party’s intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy;
- shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- shall not be obscene or contain pornography;
- shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create liability for us or cause us to lose (in whole or in part) the
services of our Operators and/or other suppliers; and
- In the event that any transaction or attempted transaction relating to any item,
good or service which violates these terms and conditions, comes to your knowledge,
you shall take all steps to inform MANGO NETWORK of the same.
- You shall not, either alone or in conjunction with other users, manipulate or attempt
to manipulate the prices of any item being sold or purchased on the service and/or
on the Website.
- You shall comply with all applicable Indian (including the provisions of any applicable
Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange
Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales
Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies
and/or any other laws which may be applicable from time to time) regarding your
use of our service and your bidding on the service.
- We wish to bring to your notice that all winning prize won by the winner on our
show Bid4prizes will be treated as "Income" in your hands and TDS is applicable
on the winning prize. MANGO NETWORK may submit a list of the names & addresses
of the winners with the Income Tax Department if and when required.
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16. Liability |
- Bid4Prizes shall not be liable for any failure to perform its obligations under
this agreement caused by matters beyond its reasonable control.
- In no event shall Bid4prizes or its suppliers be liable for any direct, indirect,
incidental, special, incidental, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses arising out of or in connection with the Service, its services or this agreement
(however arising, including negligence).
- Bid4prizes’ liability in any circumstance is limited to the amount of fees, if any,
paid by you to Bid4prizes. Its associates, network operators and technology partners
make no representations or Warranties about the accuracy, reliability, completeness,
currentness and/or timeliness of any content, information, software, text, graphics,
links or communications provided on or through the use of the Service or that the
operation of the Service will be error free and/or uninterrupted. Consequently,
Bid4prizes assumes no liability whatsoever for any monetary or other damage suffered
by you on account of
- The delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Service; and/or
- Any interruption or errors in the operation of the Service and/or
- The non-receipt of the bid by Bid4prizes or non-receipt of status of the bid by
the bidder due to Operator’s network failure/congestion/any other reason. You expressly
understand and agree that Bid4Prizes shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible losses
(even if Bid4prizes has been advised of the possibility of such damages).
- Without limiting the preceding clause, the liability of Bid4Prizes under this agreement
(whether arising in negligence or otherwise) will not under any circumstances exceed
the amount of
- Rs. 100, or
- An amount equal to the sums paid or payable by or to you in the Bid4Prizes bidding
to which such liability relates, regardless of the cause or form of action.
- Nothing in this agreement limits Bid4Prize’s liability for death or personal injury
resulting from Bid4Prize’s negligence, or any other liability which may not by law
be excluded. Any statutory rights you may have as a consumer remain unaffected.
- Bid4Prizes excludes all and any liability whatsoever for any third-party advertising
which may appear on this site or with respect to the contents of any third-party
controlled website which may be accessed by means of any link from this site and
gives no warranty or representation that any such links are virus-free or that the
contents of any third-party website are accurate, complete, accessible in whole
or in part or are fit for any particular purpose.
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17. Severance |
- If any provision of this agreement shall be found by any court or administrative
body of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the other provisions of this agreement which shall
remain in full force and effect.
- If any provision of this agreement is so found to be invalid or unenforceable but
would be valid or enforceable if some part of the provision were deleted, the provision
in question shall apply with such modification(s) as may be necessary to make it
valid and enforceable.
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18. Governing Law |
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The laws of India govern these Terms and Conditions and each Bid4Prizes reverse
bidding. Bid4Prizes and each Bidder submit to the non-exclusive jurisdiction of
the courts of Delhi, India in relation to any dispute arising out of or in connection
with these Terms and Conditions.
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19. Breach
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Without limiting other remedies, MANGO NETWORK may immediately issue a warning,
temporarily/indefinitely suspend or terminate your access and refuse to provide
you with access to the Service and/or the Website:
- If you breach the Terms and Conditions or the documents it incorporates by reference;
- If the mobile network operators are unable to verify or authenticate any information
you provide; or
- If it is believed that your bids may cause legal liability for you and/or MANGO
NETWORK. MANGO NETWORK may at any time at its sole discretion reinstate suspended
a user. A user who has been indefinitely suspended may not register or attempt to
register with MANGO NETWORK or use the service in any manner whatsoever until such
time that such user is reinstated by MANGO NETWORK. Notwithstanding the foregoing,
if you breach the Terms and Conditions or the documents it incorporates by reference,
MANGO NETWORK reserves the right to recover any dues owed by you to MANGO NETWORK
and to take strict legal action civil and/or criminal including but not limited
to a referral to the Cyber Crime Division / initiating criminal proceedings against
you.
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20. No Warranty |
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MANGO NETWORK and its suppliers provide the service and services "as is" and without
any warranty or condition, express, implied or statutory and specifically disclaim
any implied Warranties of title, merchantability, fitness for a particular purpose
and non-infringement. You expressly agree that your use of the Service is at your
sole risk. |
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21. Indemnity |
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You agree to indemnify and hold MANGO NETWORK and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys` fees, made by any third party due to
or arising out of your breach of the Terms and Conditions or the documents it incorporates
by reference, or your violation of any law or the rights of a third party. |
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22. Relationship |
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None of the provisions of the Terms and Conditions shall be deemed to constitute
a partnership or agency between you and MANGO NETWORK and you shall have no authority
to bind MANGO NETWORK in any manner whatsoever. |
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23. Arbitration |
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If any dispute arises between you and MANGO NETWORK during your use of the Service
or thereafter, in connection with the validity, interpretation, implementation or
alleged breach of any provision of the Terms and Conditions, the dispute shall be
referred to a sole Arbitrator who is an independent and neutral third party identified
by MANGO NETWORK. The place of arbitration shall be DELHI. The Indian Arbitration
& Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration
proceedings shall be in the English language. |
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24. Others |
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MANGO NETWORK has the right to declare the Bid null and void at any time before,
during and after the close of the Bid. MANGO NETWORK’s decision on the winner will
be final. If anyone breaches any terms and conditions, MANGO NETWORK has the ability
to terminate the users access and remove the users bids from the Service. The Service
may be available on select cellular networks. Please check with your Operator before
participating in this Service. "The product open for bidding may not be similar
and/or identical in any manner whatsoever to the Products shown in the commercial/promotional
film/programme." |
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