Terms & Conditions

Terms & Conditions

1. General / Overview
The following General Terms and Conditions shall apply exclusively to the business relationship between BidBugs Entertainment Pvt. Ltd. its internet platform www.Bidbugs.com ("Bidbugs") and our users. By using Bidbugs, the user accepts the following General Terms and Conditions, as well as the manner in which Bidbugs and its Auctions operate as described on the website www.Bidbugs.com and www.whatisbidbugs.com. Variations or alterations in the following Terms and Conditions shall only be binding upon BidBugs Entertainment Pvt. Ltd. if agreed to in writing. Any special promotions run by Bidbugs shall only be valid if they are announced on Bidbugs’s website or in its corresponding email newsletter.

Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. Any advice or other written materials (for instance, ‘Help’ articles) posted on Bidbugs are provided solely as suggestions and are not intended to be relied upon. Bidbugs is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.

2. Eligibility to Participate / Registration with "My Bidbugs" / Disqualification

Employees and relatives of employees of BidBugs Entertainment Pvt. Ltd. are not eligible to participate in Bidbugs auctions under any circumstances. Bidbugs’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Bidbugs reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time. Each user may register only once using their postal address (registration using PO Boxes or equivalents is not permitted).
During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Bidbugs receives information of a username which is illegal or in breach of these Terms, this username can be amended by Bidbugs without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Bidbugs, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
Bidbugs reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Bidbugs, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Bidbugs. Examples of such unauthorized usage include (but are not limited to) non-payment for Combo bites, use of unauthorized third-party biting software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Bidbugs reserves the right to withhold deliveries or refunds for combo bites.
Furthermore, Bidbugs reserves the right to limit the number of auctions a user may participate in or the number of his successfully finished auctions at its sole discretion. Please refer to our separate acceptable use policy for additional information.


3. Bite Purchasing for Online Biting / Payment / Validity of Bites
Bids or “bites” are unlimited and free for each user, and can be exercised at will for ongoing or LIVE auctions. The user has an option to purchase “Combo Bites” (a combination of “20 Single Bites”) by paying a sum of money which will be declared and is changeable from time to time. For purchasing the combo bite, the user has the option of paying through credit/debit card or via payment agents such as PayPal. Should a payment not be honored by a user, a returned payment fee will be charged. The user will be responsible for these fees. Bidbugs reserves the right to block access to the user’s account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full. Combo Bites are valid for the time stated in the promotion, in general only 7 days. Upon expiration, they become void and can no longer be placed. Once a Combo Bite is placed in an auction, it is deducted from the user’s bite account and can no longer be refunded. Refunds will not be issued for combo Bites placed in an auction. For further information on refunds please see our Refund Policy.

4. Biting
Users can bite in only one way. Bites can be placed by clicking on the relevant bite buttons present on the site online. The user can read about how the site operates in the “How it works ” section. The user is prohibited from using bidding softwares for biting in auctions, and doing so will result in immediate disqualification from use.

5. How the Auctions Work
Each product up for auction on the site will be available for a limited period of time, remaining auction time will be specified alongside each product. Each product will have a threshold level(Minimum number) of bites for being eligible to win the product. The threshold level will be clearly mentioned alongside each product up for auction. Each bite submitted by the user will increase his total bites for the product. Each Combo bite used by the user will give him 20 bites at one go. This helps in saving time for the user and increases his chances for winning. At the end of the auction, the person with the highest number of bites above the threshold limit, wins the product. A bite submitted by the user constitutes willingness of a user to enter into a binding contract with Bidbugs, and in the event of a successful finishing of an auction, the user with the maximum number of bites is eligible to receive the product free of cost. The highest bidder is determined based on the records in Bidbugs’s database and Bidbugs’s decision regarding who is the highest bidder shall be final.

6. Acceptance of the Win / Payment
After an auction has ended, the highest bidder (“winner”) must go to “My Bidbugs”. Here, information such as total bites would be visible. The winner will be contacted by email, with exact details about his win. Requirement for being eligible for delivery is that all combo bites purchased and used by the user have been properly paid for. Should combo bites that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bites not yet paid for, and we reserve the right to retain the item purchased at auction until all combo bites have been paid for in full. If we do not receive confirmation from the winning user about acceptance of the win within 7 days of receiving the confirmation mail, Bidbugs reserves the right to allot the item to the next highest bidder of the auction.
The following contact details must be used:
BidBugs Entertainment Pvt. Ltd.
Suite 8, 10th Floor,
Shantiniketan bldg.
Kolkata 700 017
West Bengal
India
support@Bidbugs.com

In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be paid by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable.


Should Bidbugs incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer. Sets/boxes can only be returned in their entirety.v
8. Delivery
Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Bidbugs shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Bidbugs upon taking delivery.
Bidbugs relies on country specific third party suppliers for deliveries worldwide. For countries with lack of online retailers/suppliers, delivery cost from the nearest country where item is available will have to be borne by the user/winner of the product.
Should Bidbugs not be able to deliver the item ordered, Bidbugs shall be entitled to substitute the item with a comparable replacement product with the same or better features based upon the user’s preference.

9. Offsetting / Withholding Payment / Retention of Title
The user shall only have the right to offset if his or her counterclaims are not disputed by Bidbugs.
The user is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.
The item delivered shall remain Bidbugs’s property until payment is received in full for the combo bites used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it.

10. Disclaimer of Warranty and Limitation of Liability regarding the Use of Bidbugs.
USER EXPRESSLY AGREES THAT USE OF BIDBUGS WEBSITE IS AT USER'S SOLE RISK. NEITHER BIDBUGS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BIDBUGS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDBUGS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BIDBUGS. BIDBUGS IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDBUGS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BIDBUGS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BIDBUGS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. IN NO EVENT WILL BIDBUGS, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BIDBUGS AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BIDBUGS. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BIDBUGS.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BIDBUGS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED BIDBUGS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, BIDBUGS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

11. Disclaimer of Warranty and Limitation of Liability regarding winnings from Bidbugs.
All new products are given with the manufacturer's limited warranty only. Bidbugs warrants solely that the products given to user under these terms shall have the characteristics specified in Bidbugs’ specifications for such Products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Bidbugs. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BIDBUGS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BIDBUGS OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
BIDBUGS SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDBUGS. IN NO EVENT SHALL BIDBUGS BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

12. System Outage / Temporarily Halted Auctions
A system outage occurs if no bites can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Combo Bites placed on a temporarily halted auction shall be credited back on a user’s account on request from the user. Given the large number of bites submitted to us, it would not be possible for us to determine combo bites submitted on each individual auction. As such, only for those cases, where we receive a request we would be crediting the combo bites back to user account.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). Bidbugs, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 10, Bidbugs shall not be liable for any damage whatsoever incurred by auction users or third parties from using Bidbugs’s services. In particular, Bidbugs shall not be liable for damage that occurs due to bites submitted by auction users not being received by Bidbugs or not being received promptly or not being considered, as a consequence of technical faults.

13. Trademarks
Bidbugs's logos are trademarks of BidBugs Entertainment Pvt. Ltd. and any of its subsidiaries. All rights reserved. All other trademarks appearing on Bidbugs are the property of their respective owners.

14. Service and Support for Products Purchased
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

15. Applicable Law / Severability Clause
This Terms of Use Agreement and your use of the website shall be governed by the laws of India and the city of Kolkata, without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Kolkata, West Bengal, India.
The UN Convention on the International Sale of Goods shall not apply.

16. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information
The protection of your data is very important to us.

For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

17. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Bidbugs website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

18. General
The contract between Bidbugs and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without Bidbugs’s prior written consent. Bidbugs has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Bidbugs’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Bidbugs’s system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bite for items listed on the Bidbugs website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Bidbugs notifies its users of the changes to such policies or General Terms and Conditions before Bidbugs sends infor
mation relating to dispatch (in which case Bidbugs has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items). Bidbugs is the owner or licensee of all intellectual property rights on the Bidbugs website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Bidbugs website for commercial purposes.
This Agreement and any operating rules for Bidbugs established by Bidbugs constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Note:
We would like to advise all users to monitor their biting practices.