TERMS AND CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document describes and governs the terms and conditions(“Terms”) with respect to the Services related information made available through either the Website at www.jinglebid.com (“Website”) and/or various mobile applications that are made available to you (“Applications”) from time to time (the Website and Application shall be collectively referred to as“Platform” ). Jinglebid is inter alia a platform on which buyers and sellers can conduct bidding of a product through reverse auction. Any mention of Platform/Application/App in these terms and conditions shall automatically be understood as referring also to the Website or Application of Jinglebid, as the context may require.
This Agreement between the User(“You”) and Jinglebid elucidates the broad terms & conditions governing Your use of the services available on the Platform. You must apprise Yourself of these terms as they describe Your privileges & rights as a subscriber to these terms and conditions. We recognize that the confidentiality and safety of Your personal records are essential and we utilize the most innovative security technology existing to guard Your confidentiality. These terms and conditions may be modified/updated by us from time to time. By continuing to use our Platform, You agree to such modified/updated terms and conditions as provided by us on our Platform. If You do not agree to any of these terms, You are prohibited from using or accessing this Platforms
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY.
The Platform is owned and provided by Jinglebid Private Limited.If You need any information or have a complaint about this Platform or any of our products or services, please write to us at: email@example.com. You may also contact us at +91-1414-9373-00
- You are responsible for keeping Your device(s) safe and for ensuring that it is not used by any other person.
- Jinglebid may use cache to store certain data which is not sensitive personal information or data that is used for technical administration of the Platform, research and development and for User administration. In the course of providing the User optimal services, Jinglebid may permit authorized third parties to place advertisements of their goods and services and clicking on such advertisements may redirect You to the third party’s Platform. Jinglebid is in no way responsible for the acts of such third parties.
- Jinglebid can also initiate SMS and emails to the customer regarding offers and newsletters. However, the customer can always opt out of the communication by mailing us at firstname.lastname@example.org Unless You specifically opt out, You agree to receive SMS and email updates/offers as detailed above. You may also contact us at +91-1414-9373-00 Such number shall be construed as the number and email ID for the customer grievance officer.
- “Application” shall mean the mobile Application.
- “Marketplace” shall mean Jinglebid and the Platform’s provided by Jinglebid for the purpose of trade.
- “Platform” means the Jinglebid Application and/or the Jinglebid Website. Term Platform may be used to refer to either to the Application or the Website or to both. Term may also be used interchangeably with the Marketplace.
- “Services” shall mean a platform where You
- “User/ You/Customer” shall mean an individual accessing the Platform.
- “Vendor” shall mean seller, trader who is authorised to list products on the Platform.
- “We” shall mean the Website, Application and Jinglebid.
- “Website” shall mean www.jinglebid.com
Jinglebid Marketplace is a platform built and designed in India that on its sole discretion permits Vendors to list and trade products on the Marketplace. Jinglebid Marketplace includes the JINGLEBID Application (hereinafter referred to as the App) and the domain - www.jinglebid.com (hereinafter referred to as the Website).
Accessing the Platform
It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and the other applicable terms and conditions/policies mentioned, and comply with them.
By using the Platform, you represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “you” and “your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
Platform for Transaction and Communication
The Website and the App are platforms used by the Vendor and Customer only for legal trade of ‘products’ only. JINGLEBID acts as a facilitator between the Vendor and User. The object of the Platform is to ensure healthy competition and that product is traded is on best price.
Methods of Electronic Communication
As You visit our Platform or send or receive any emails in relation to our products/services, You actually are communicating electronically. With this communication You provide necessary consent for receiving communication from our end electronically. We can post notices to our Platform or communicate with Your directly through mail. You agree that all the notices and any other forms of communications that are provided by us electronically completely satisfy any kinds of legal necessities and such communications are in writing terms.
- You hereby declare and warrant that You are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity, therefore You can engage in a binding contract; Your user account may be used only by You and not by anyone else. All information that you provide us during the transaction, is true, complete, and correct, and that you shall immediately notify us of any change of such information.
- You may browse the Application as a guest. However, if you want to start an auction, you would have to register using the Platform.
- You are allowed to have only one account. If you attempt to open more than one account, all accounts you try to open may be blocked or closed.
- As part of the registration process you will have to choose your username and password for your login. During the registration process, you must choose a username, which must not in any way be offensive, indecent, insulting or intended to deceive or mislead other users or persons, whether intentionally or unintentionally. Nor may a user name advertise for or promote any other websites or services, provide links to or for other websites.
- Please note that Jinglebid reserves the right to change usernames, for whatever reason, and is the final arbiter on policy.
- Jinglebid will never ask for Your password apart from login. You are solely responsible for Your user account password and its preservation. We suggest that you not provide your password to anyone, including Jinglebid’ employees. User accounts are non-transferable.
- We are not responsible for any abuse or misuse of your account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.
How the Auctions Work
The User selects the product they want to purchase and starts the auction. All the Vendors, who have been onboarded by us through a registration process, and who deal with that product will be notified and will place their bids on the said product within the timeframe set by You. Thereafter, You can select the best bid based on the price and Vendor ratings. Once You have selected the Vendor, the product will be delivered to You. The User and Vendors remain anonymous until the best bid is selected by the User. Jinglebid shall under no circumstance be responsible for the selection or the outcome of the bids or any action connected with the same.
We are not responsible for the prices being made available on the Platform. The Vendors use our Platform to place a bid on a product You want to purchase. The User can then select the best price and get the product delivered to them.
Acceptance of the bid - Payment
Once an auction is closed, the user goes to my account for information on the total price, including shipping costs, and payment options. Once the auction is closed, the User has to make the payment within 3 days from the day of bid acceptance, by following the steps indicated on the Platform. After the payment is made, the Vendor will deliver the product within 3 days from the date of payment for the non-auto category. The User must also provide an accurate delivery address on the account. If the payment is not received within the said timeframe, the order will be void and canceled, and spent bids will not be refunded. We are not responsible for any delay in the shipment or delivery of the product and by accepting these Terms, You will not hold us responsible for any such delay.
Conditions of Payment
Jinglebid will invoice fees, actual expenses and taxes, if any, monthly or based on terms entered into with You, outside of these terms and conditions. Payment is in accordance with other agreement terms as may be entered into with You and Platform terms. Customer may be required to reimburse Jinglebid for materials, applicable taxes, and reasonable out-of-pocket expenses incurred by Jinglebid in providing the products/services including, without limitation, installation charges etc.
Returns – Refunds
The product will be delivered to the address specified by the User. All technical service and product support matters must be taken up directly with the Vendors or the manufacturer according to their terms. In case of cancellation of an order, only the purchase price will be refunded. So, shipping costs and spent bids will never be refunded. If you decide to return a product/item, it has to be done within 7 days from the date of delivery. The product should be retuned in its original condition. Jinglebid reserves the right to not accept the return if the product is not in its original condition. Jinglebid will not refund the value of the placed bids of a purchased product/item. Jingle is not responsible for any damaged product or any faults in the products delivered.
Jinglebid is not responsible or does issue any guarantee for the product displayed. The Vendors have issued an assurance that the product listed by them would be new, original, authentic, and free from any defects or damages whatsoever. However, Jinglebid cannot personally verify the said guarantee and therefore, any claims against any defective product shall be made against the manufacturer or the Vendors directly and Jinglebid shall not be responsible or legally liable for the same. Jinglebid reserves the right to permit or prohibit the listing of a product on its Platform. The list of products permitted shall be updated through the Platform from time to time at Jinglebid’s sole discretion.
Rating & Review
JingleBid allows You to rate and review Vendors and products listed by them on the Marketplace. The ratings and reviews will be prominently displayed in the Marketplace in various forms (aggregated, categorized or raw display of the ratings and reviews). The purpose of the ratings and reviews system is to provide a way for Users to share their feedback about the Vendor and the products listed on the Marketplace.
Control of Marketplace
Jinglebid may, in its sole discretion, determine whether to make available or list a product. JingleBid unilaterally is authorised to stop any transaction, remove any product, or take other actions as needed to restrict access to or availability of any product that does not comply with this law.
Jinglebid reserves the right, in its sole discretion, to terminate the access to the Platform and the related services connected with the product or otherwise or any portion thereof at any time, without notice.
l None of the provisions of this Agreement, terms and conditions, notices or the right to use the Platform by the User contained herein or any other section or pages of the Platform and/or the linked sites, shall be deemed to constitute a partnership between the User and Jinglebid and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
Rights of Intellectual Property
Copyright: All the contents
like graphics, codes, texts, button icons, logos, digital downloads, audio clips is the property of Jinglebid and is completely protected by Indian law of Copyright. The content is also the exclusive property of Jinglebid. For the images of products and other third party images used as display, Jinglebid does not claim any ownership over the same.Trademarks:
Protected Marks: The protected marks include (Platform) & design and other things that are in the Platform.
Protected Graphics: The graphics, page headers, logos, icons, scripts are trademarks of the site. These trademarks and trade dress might not be used in relation to products and services that are not of Jinglebid. All the other trademarks are owned by the Jinglebid and its affiliate sites. These are the property of different owners. They might not be connected to or affiliated with Jinglebid. All other intellectual property (as defined by applicable laws) relating to the products/services and other content available on the Platform shall be the sole property of Jinglebid and may not be used by the User without prior written consent of Jinglebid. The User shall not under any circumstance be permitted to reverse engineer or in any manner copy the works of Jinglebid as used in the form of the product provided to the User by Jinglebid.
DisclaimerJINGLEBID DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS PLATFORM IS ACCURATE, COMPLETE OR CURRENT OR THAT THE PLATFORM WILL BE FREE OF DEFECTS OR VIRUSES THOUGH DUE CARE IS CONSTANTLY TAKEN ON THE PART OF JINGLEBID. NOTHING CONTAINED IN THE PAGES OF THIS PLATFORM SHOULD BE CONSTRUED AS LEGAL, MEDICAL, COMMERCIAL, OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS PLATFORM OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION. IT IS YOU AS A CUSTOMER WHO AGREES THAT THE USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE:
- THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
- THERE ARE ANY MANUFACTURING DEFECTS, DAMAGES OR FAULTS IN THE PRODUCTS DELIVERED BY THE VENDORS;
- THERE IS ANY DELAY IN SHIPMENT OR DELAY IN DELIVERING THE PRODUCT;
- THERE IS THIRD PARTY CONTENT POSTED ON THE PLATFORM;
- THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.THE MAXIMUM LIABILITY SHALL BE LIMITED TO THE COST OF THE PRODUCTS PURCHASED OR SERVICES AVAILED BY THE CUSTOMER, JINGLEBID SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES CAUSED TO THE USER.
WE ADDITIONALLY WILL NOT BE LIABLE IN CASE THE USER OF THE PLATFORM HAS MISREPRESENTED ANY OF THE INFORMATION PROVIDED BY THEM DURING THE USE PROCESS OR OTHERWISE. ANY AND ALL SERVICES PROVIDED BY US SHALL BE UNINTERRUPTED. HOWEVER, IN THE UNLIKELY EVENT OF AN INTERRUPTION IN SERVICES, WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED OR SUFFERED BY THE USER.
You agree to indemnify, defend and hold JINGLEBID and the MARKETPLACE and its subsidiaries (including its respective affiliates, officers, directors, employees, contractors and assigns) harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) arising out of content, information, product and details posted by the Vendors.
Third party rights
Nothing in this Agreement is intended to nor shall confer a benefit on any third party and any person who is not a party to this Agreement has no rights to enforce them.
No delay or decision not to enforce rights under this Agreement will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach. If You encounter any error while viewing any file/ document, kindly notify us of the same at the earliest either by mail or phone.
Information Technology Act
Certain laws in India prohibit and impose restriction on use of the Platform and You are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious, slanderous, pornographic, defamatory, inappropriate or that makes attacks on or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree to not post any information to which You do not have copyright and/or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of Your postings without prior notice as a User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require companies to maintain data with respect to goods and services and other personal information in a prescribed format and Jinglebid will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
Jinglebid shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, pandemic including COVID19, plague, accident, act of god, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement contained herein or any other section or pages of the Platform or any Linked Sites in any manner whatsoever.
Jinglebid accepts payment methods as displayed through the Platform from time to time. It shall be Jinglebid’ sole discretion to change the acceptable payment methods.
Governing Law and Jurisdiction
This Agreement is governed by the laws of India. Any disputes arising out of or in connection with these terms and conditions shall be resolved by a sole arbitrator appointed mutually by the parties concerned, in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in the English language. The seat and venue of arbitration shall be Chennai, Tamilnadu.
Acceptance of Terms and Conditions
By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.