Capable Ventures (owner of the Bolibol.in, hereinafter "BOLIBOL" or "Bolibol.in") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time.
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING BOLIBOL POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OF THIS SITE.
Eligibility
Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to Bolibol that he or she is not a minor, is at least over the age of eighteen (18) years and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
- The Concept
- Bolibol provides an Auction service where user selects the product and places their bid. To place the bid for any auction available through the www.bolibol.in, user need to be registered users and have credits available in their account. As the users bid on the auction, credits are automatically deducted from their account.
- For each Bolibol Auction, Bolibol will determine the following
- The product or service on auction
- The Closing Date of the auction
- The charges per bid (number of credits)
- The Bid Incremental amount
- Final cost of the auction to winner.
- The bidding process
- For each auction, the counter starts with 24, 48 hours, decreasing.
- As the Bolibol users bid on the auctions, with each bid, the auction price and auction time may increase.
- If the guide price for the auction is met; auction enters the ‘Final countdown’ of 15 (fifteen) minutes.
- The time in the ‘Time counter’ for the Auction reaches less than “Reset time*” as specified for the auction (in seconds); with each bid, the auction time will reset equal to ‘Reset time’.
* For every auction, “Reset time” is shown on left side of the timer on Auction page.
- When there is no bids being received and auction time reaches to ‘0’ (zero), auction will be termed as “ended auction” and latest bidder will be declared as winner.
An auction in Bolibol site will close and a successful bidder will be selected as per clause "4" of this agreement under any one of the following circumstances:
- At a date before the Closing Date at Bolibol’s discretion.
The auction’s ‘Guide price’ was met and auction enters the ‘Final countdown’. In Final countdown auction, auction will close when the timer value become 00:00:00.
- At the Closing Date, the Successful Bidder will be determined as per clause (4) of this agreement. Bolibol may at its discretion and at any time following the close of the auction, place other identical or similar products /services in a different Bolibol Auction. Bids placed in particular auction, are strictly confined for the particular auction with a unique auction id as shown on auction details pages and only valid for the particular auction id. In addition the auction variables (Processing Charge, delivery charges, type of auction etc.) may differ between individual Bolibol Auctions, even though the product or service that is being auctioned 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 Bolibol.in. While Bolibol will Endeavour to ensure that this information is as accurate as possible, Bolibol does not warrant that this information is correct or that the product /service are not available at a lower price.
- Making Bid
1. In order to make a Bid, a Bidder must be aged 18 or over and entry of a Bid is on the basis that you are aged 18 or over. In order to bid, the bidder must be registered with Bolibol.in and his account is active.
2. Bidder has purchased credits/have available credits in his/her account.
3. Bidders must not collude or enter into any arrangement of any sort with any other Bidder(s).
4. A Bid is only considered accepted once payment for credits and related administrative Charge(s) has been recorded as a received payment in the Bolibol system.
5. If any person in collusion with an employee of Bolibol does an act which is not authorized by Bolibol, any loss caused to himself/herself, to employee or any third person, company will not be responsible for the same.
6. Bolibol reserves the right to cancel any Bid and/or revoke winner for the auction without making a refund of the applicable cost and administrative Charges under any one or more of the following circumstances:
• The Bidder provides false, misleading or invalid information of any kind when registering or purchasing Credits or when placing a bid.
• Wrong Date of Birth
• The bank or other credit institution reverses the credit card transaction for the purchase of Credits and/or payment for the auction won(towards the final price and associated charges as applicable), for the submission of the administrative Charge(s).
• A Bidder co-operates in any way with another Bidder when placing a Bid.
• Use of automatic bidding robots (software program) to place bids not authorized by Bolibol.
• Any other breach of this agreement.
- Priority in Bidding
- In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
a. Bid Price: The higher price bid always supersedes the lower price bids; The bid has to be higher than the previous bid price to be eligible for the "successful bidder".
b. Should the Successful Bidder fail to pay for the product /service within 10 (ten) days of the Closing Date, then the right to receive the product service at the Successful Bid price will be forfeited.
- Determination of the Successful Bidder
1. The Bidder that places highest bid at the time of close of the auction is determined the Successful Bidder for that particular Bolibol Auction Item thereby (having unique auction id) having the right to qualify to receive the particular product /service for the amount of the winning bid price and paying the delivery charges and any applicable tax(es). The winning applicable bid price can vary based on type of auction. For e.g. for 100% FREE type of auction bidder does not pay for the winning bid price but only need to pay for the delivery charges and any applicable tax(es).
2. Should there be no bid for a particular Bolibol auction item; the auction will be automatically cancelled on expiry of the time period. In such case, Bolibol will decide its course of auction with such auction item and it remains property of Bolibol.
3. Should the Successful Bidder fail to pay for the product /service within 10 (ten) days of the Closing Date, then the right to qualify to receive the product/service at the Successful Bid price will be forfeited.
- Payment of the administrative charge(s)
1. The Bidder warrants that he/she is the owner of the credit card, bank account and is authorised to make use of it for the purposes purchasing Credits for participating in Bolibol Auctions or pay for the won auction product/service and related shipping and other applicable tax (es).
- Refunding of Processing Charges
1. Credits purchased once are non refundable and non transferable.
2. Neither purchased Credits nor promotional Credits can be exchanged for cash or refund and are non transferable. They can only be used towards bidding on Bolibol Auctions.
3. Provided a Successful Bidder for a particular Bolibol Auction Item is determined as per clause (4), no credit of administrative Charges will be offered.
4. In special promotional scheme run by Bolibol from time to time, credits refund can be offered to winning bidder or any bidder (as per the promotional scheme as advertised at the time of promotion), credits will be refunded to the bidder’s account and can be used for bidding on other items.
5. If Bolibol consider the refund as requested by a particular Bidder (in special circumstances), Bolibol will attempt to refund any Credits due to that Bidder by refunding the Credits straight into the Bidder's Account in Bolibol system. If Bolibol is unsuccessful in effecting such a refund, then Bolibol will e-mail the affected Bidder (using the last e-mail address they have provided to Bolibol), requesting information required in order to process the refund.
- Delivery of Products/Services
1. The delivery of the product and/or the service to the Successful Bidder is subject to payment in full of the Successful Bid price by the Successful Bidder.
2. Any transfer and/or delivery costs and tax(es) which are payable in addition to the successful Bid amount will be stated in the particulars of the relevant Bolibol Auction, and must be paid by the Successful Bidder (Octroi charges applicable) along with payment for the product before the delivery.
3. It should be understood that Bolibol is not the supplier of the products /services, and that the products /services may be supplied to Successful Bidders directly from the suppliers/vendor and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this agreement.
4. Guarantees for products /services will only be provided as stated in the auction description for each particular Bolibol Auction (no mention of a guarantee will imply no particular guarantee). Your statutory rights are unaffected.
5. Except to the extent that is required by law, Bolibol 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.
6. The product will be delivered to you within 3 months or less from the date of receiving the following:
• Full payment for the product and associated shipping charges and tax(es)
• Any applicable document or government form required for the delivery of the product as required by the respective state government.
7. All efforts will be made to send the products to the winners' given addresses. However, in case of area not serviceable by our appointed vendor, the winners will be required to furnish alternate serviceable delivery addresses or should collect from the nearest possible point of delivery at their own cost.
- Publicity
1. Boibol may, at its sole discretion, release any information concerning the status of a Boibol auction during/after the course of an auction.
2. Each Bidder acknowledges that, if he/she becomes the Successful Bidder, Boibol will be permitted to publicise his/her name, surname, username and location (not their personal address), Bid, and the product /service , which was the subject of the relevant Boibol Auction.
3. Boibol may, at its discretion but is not obliged to, make the Bid of each individual Bidder, or any other information relating to a particular Boibol auction, publicly available after the Closing Date.
- Membership Eligibility
1. 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. Boibol reserves the right to terminate your membership and refuse to provide you with access to the Service and/or the Website if Boibol discovers that you are under the age of 18 years.
2. By using the Service, you guarantee and undertake to ensure that you satisfy the above participation criteria.
3. Employees, partners, carriers employees of carriers, and agents of Boibol, the Seller, their subsidiary companies or any company connected with the Boibol auction are not eligible to enter, nor are their relatives or immediate members of their families or households.
- Your Account and Registration Obligations
You agree to Provide true, accurate, current and complete information about yourself as and when requested by Boibol (such information being the "Registration Data") If you provide any information that is untrue, inaccurate, not current or incomplete or Boibol has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, Boibol has the right to indefinitely terminate your access to the Service and/o the Website and exclude all bids placed by you.
- Electronic Communications
1. When you use the Service by using the Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by posting notices on the Site, by email, or as deemed fit by Boibol. 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.
- Liability
1. Boibol shall not be liable for any failure to perform its obligations under this agreement caused by matters beyond its reasonable control such as:
Fire, explosion, cyclone, floods; War, revolution, acts of public enemies, blockage or embargo; Any law, order, proclamation, ordinance, demand or requirements of any Government or authority or representative of any such Government including restrictive trade practices or regulations; strikes, shutdowns or labor disputes which are not instigated for the purpose of avoiding obligations herein, or;
Any other circumstances beyond the control of the Capable Ventures: then notwithstanding anything contained in these terms and conditions. Capable Ventures shall be excused from the normal performance of its Website- www.bolibol.in and any liabilities claimed will become Null and void.
2. Bolibol shall not be liable to any Bidder or Successful Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise).
3. Without limiting the preceding clause, the liability of Bolibol under this agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of
a. Rs 100, or
b. An amount equal to the sums paid or payable by or to you in the Bolibol Auction to which such liability relates, regardless of the cause or form of action.
4. Nothing in this agreement limits Bolibol’s liability for death or personal injury resulting from Bolibol negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
5. Bolibol 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.
- Severance
1. 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.
2. 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.
- Governing Law
1. The laws of India govern these Terms and Conditions and each Bolibol Auction. Bolibol and each Bidder submit to the non-exclusive jurisdiction of the courts of India in relation to any dispute arising out of or in connection with these Terms and Conditions or any Bolibol Auction. The Courts at Noida, Uttar Pradesh shall have exclusive jurisdiction in any proceedings arising out of this agreement.
- Use of the Service
1. You agree, undertake and confirm that your use of the Service shall be strictly governed by the following binding principles:
a. "Your Information" is defined as any information including but not limited to your photograph (passport size), video 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 to distribute and publication of Your Information.
b. Your Information (or any items listed):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent in any manner;
(iii) shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(v) shall not be obscene or contain pornography;
(vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(vii) shall not create liability for us or cause us to loose (in whole or in part) the services of our Operators and/or other suppliers; and
c. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of these terms and conditions comes to your knowledge, you shall take all steps to inform Bolibol of the same. You may contact Bolibol at support@bolibol.in
d. 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.
e. 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.
- Platform for Communication
1. Bolibol does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold on the Service and/or on the Website. In particular, Bolibol does not implicitly or explicitly support or endorse the sale or purchase of any items on the Service and/or the Website. Bolibol accepts no liability of any nature whatsoever for any errors or omissions, whether on behalf of itself or third parties.
2. Bolibol does not make any representation or Warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its sellers and/or in relation to the product/item. You are advised to independently verify the bonafides of any particular seller that you choose to deal with on the Service and use your best judgment in that behalf.
3. You release and indemnify Bolibol and/or any of its officers, partners, agents and representatives from any cost, damage, liability or other consequence(s) of any of the actions of the seller(s) of the Product and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Bolibol cannot control the information provided by the seller(s) which is made available on the Service. You may find the seller(s) information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Service.
4. Bolibol and its partners and agents are in no manner whatsoever responsible of any failure of systems/technology etc., as a result of which the Bolibol system does not receive your bid.
- Breach
1. Without limiting other remedies, Bolibol 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:
a. If you breach the Terms and Conditions or the documents it incorporates by reference;
b. If it is believed that your actions may cause legal liability for you and/or Bolibol. Bolibol may at any time at its sole discretion reinstate suspended User. A User that has been indefinitely suspended may not register or attempt to register with Bolibol or use the Service in any manner whatsoever until such time that such User is reinstated by Bolibol. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, Bolibol reserves the right to recover any dues owed by you to Bolibol 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.
- Bidding and Buying
1. All bids (under the Auction format) on the Service are a firm commitment to receive. If your bid is accepted by Bolibol ("Winning buyer"), you are obligated to complete the transaction with Bolibol.
2. Bids cannot be cancelled. By bidding on an item you agree to be bound by the conditions of sale included in the item’s 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 on 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.
3. Bolibol 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, other false personal information to bid.
4. As a Winning bidder you must pay for the won auction to Bolibol within seventy-two hours (72 hours) of auction closing through online payment facility provided on www.bolibol.in or else your claim may be denied. This is mandatory and no exception will be made whatsoever.
5. Please be aware that you are required to give us your actual name, address and contact details. In event of incorrect details, error in details may result in delay of delivery. In such cases Bolibol will bear no responsibility for delay in delivery and delivery and other administration charges paid may be forfeited. For re-delivery user will be required to pay again the delivery and related tax(es) as applicable.
6. In case of non availability of the product at the time of delivery, Bolibol customer care will suggest the user for alternate product available in the market. After finalising the alternate product by the approval of the user, Bolibol will deliver the product to the user.
- Buyer Protection Program
1. The Buyer Protection Program seeks to assist buyers who have been defrauded by Bolibol on the Service. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the Buyer Protection Program. The coverage under this program is restricted to Rs 3,000 per item or the value of the item, whichever is lower.
2. To be eligible for this, the buyer needs to send an email to support@Bolibol.in within 24 hours of completion of the transaction with Bolibol. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraud Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
- No Warranty
1. Bolibol 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 own sole risk.
- Limitation of Liability
1. In no event shall Bolibol or its suppliers 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 arising out of or in connection with the Service, its services or this agreement (however arising, including negligence).
2. Bolibol’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Bolibol, its associates 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, Bolibol assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
a. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service; and/or
b. Any interruption or errors in the operation of the Service and/or
c. The non-receipt of the bid by Bolibol or non receipt of status of the bid by the bidder due to bidder computer, internet connection, ISP problem, internet congestion, internet outage or any other reason. You expressly understand and agree that Bolibol 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 Bolibol has been advised of the possibility of such damages).
- Indemnity
1. You agree to indemnify and hold Bolibol 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.
- Relationship
1. None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and Bolibol and you shall have no authority to bind Bolibol in any manner whatsoever.
- Arbitration
1. If any dispute arises between you and Bolibol 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 shall be an independent and neutral third party identified by Bolibol. The place of arbitration shall be Noida, Uttar Pradesh. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
- Others
1. Bolibol has the right to declare the auction null and void at any time before, during and after the close of the auction. On such circumstances Bolibol will refund the credits to the users who have participated in that particular auction. Bolibol’s decision on the winner will be final. If anyone breaches any terms and conditions, Bolibol has the ability to terminate the Users access and remove the Users bids from the 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."
- Data Privacy
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.
