For the purpose of this document Terms of Agreement (hereinafter referred to as “ToA”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a BUYER on the Website- Gohitbid.com by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean GoHitBid.
The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If BUYER is a minor i.e. under the age of 18 years, he/she shall not register as a buyer on the Website, transact or use the Website. As a minor if BUYER wishes to use the Website or make a transaction, such use or transaction may be made by BUYER’s legal guardian or parents.
‘GoHitBid’ reserves the right to terminate BUYER registration and/or refuse BUYER access to the Website if it is brought to GoHitBid’s notice or discovered that BUYER are under the age of 18 years.
• The BUYER agrees that all the offers in “offer section” will be introduced by gohitbid exclusively not the SELLER.
• The BUYER agrees that he/ she cannot claim any backdate or previous offers.
• Credit as mentioned in Clause III is gohitbid ‘Shopping’ Currency.
• Presently the value of 1 credit is equal to 10 Rs.
• The Buyer agrees that Gohitbid can change the value of credit and the same will be updated in TOA and Buyer’s user account.
• The BUYER agrees that product purchased from offer section is not eligible for return or refund until and unless the shipped product is damaged or there is some kind of manufacturing defect.
You agree Credits are GoHitBid currency which shall be used in participating in any offer in the offer section introduced by GoHitBid.
You hereby agree to purchase CREDITS used in the process of shopping on GoHitBid in Indian Rupees (INR) or any other tangible currency used in any other country using regulated banking channels via online process only.
The CREDITS purchased as mentioned above shall be retained in a virtual account maintained and controlled by GoHitBid which could be utilized by you in offers as introduced by GOHITBID.
Any Buyer participating in the shopping process on the website process; availing the CREDITS from his virtual account for any offer introduced by GoHitBid which did not materialize into any winning has following remedies:
a) The buyer can use the amount spent on the CREDITS used for bidding for purchasing of any product of his/her liking from the GoHitBid retail store; or
b) the buyer can redeem the amount spent on purchase of CREDIT after a deduction of a nominal sum as applicable; or
c) the buyer has an option of repurchasing of CREDITS for the bidding process again out of the amount spent previously but on premium.
The Website is a platform that users utilize to meet and interact with one another for their transactions. GoHitBid is a facilitator that facilitates transactions between users on the Website under its pre-defined/pre-settled/-pre-proclaimed structure/modality of business to which users agree. Consequently:
1. All commercial/contractual terms are offered by SELLER and agreed upon between SELLER and BUYERS alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. GoHitBid does not determine advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between SELLER and BUYERS.
2. GoHitBid does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold, or purchased on the Website. GoHitBid does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. GoHitBid accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. GoHitBid is not responsible for any non-performance or breach of any contract between SELLER and BUYERS. GoHitBid cannot and does not guarantee that SELLER and BUYERS concerned will perform transaction(s) concluded on the Website. GoHitBid shall not and is not required to mediate or resolve disputes or disagreements between SELLER and BUYERS.
4. GoHitBid does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users.
5. GoHitBid does not at any point in time during a transaction between SELLER and a buyer on the Website come into or take possession of any of the products or services offered by SELLER, gain title to or have any rights or claims over the products or services offered by SELLER to the buyer.
6. At no time shall GoHitBid hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. GoHitBid is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
7. The Website is only a platform that can be utilized by SELLER to reach a larger customer base to sell items or services. GoHitBid only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between SELLER and the buyer. At no time shall GoHitBid hold any right/title to or interest in the items nor have any obligations or liabilities in respect of such a contract.
8. SELLER shall independently agree upon the manner, terms, and conditions of delivery, payment, insurance etc. with the BUYERS SELLER transact with.
9. SELLER release and indemnify GoHitBid and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that SELLER may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GoHitBid cannot control the information provided by other Users which is made available on the Website. SELLER may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.
10. As a registered seller, SELLER may list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this ToA. SELLER must be legally able to sell the item(s) SELLER list for sale on our Website. SELLER must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe SELLER’S item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, SELLER agrees to refund any amount that SELLER may have received from the BUYER. SELLER agrees not to list a single product in multiple quantities across various categories on the Website. GoHitBid reserves the right to delete such multiple listings of the same product listed by SELLER in various categories.
If you use the Website, you shall be responsible for maintaining confidentiality of your display name and password and all activities that occur with the use of your display name and password. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToA, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.
You agree and understand and agree that GoHitBid and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. GoHitBid neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. GoHitBid has no control over the third party user generated contents. GoHitBid is merely an intermediary and does not interfere in the transaction between BUYERS and SELLERS.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a) belongs to another person and over which you have no right;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c) is misleading in any way;
d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
e) harasses or advocates harassment of another person;
f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];
i) promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
j) contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
m) contains videos, photographs or images of another person (with a minor or an adult);
n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent. Throughout the ToA, GoHitBid’s prior written consent means a communication coming from the GoHitBid’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
q) interferes with another’s use and enjoyment of the Website;
r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of ToA;
s) harms minors in any way;
t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
u) violates any law for the time being in force;
v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
w) impersonates another person;
x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information and shall not create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers;
y) shall not threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or, prevents investigation of any offence, or is insulting any other nation;
z) shall not be false, inaccurate, or misleading and shall not directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
2.You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content, in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtainer attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breaches the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Website.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s)about us, the brand name, or domain name used by us, including the terms GoHitBid or www.gohitbid.com or otherwise engage in any conduct or action that might tarnish the image or reputation of GoHitBid or SELLERS on the platform or otherwise tarnish or dilute any GoHitBid trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or GoHitBid’s systems, networks, or any systems or networks connected to GoHitBid.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by the ToA or to solicit the performance of any illegal activity or other activity which infringes the rights of GoHitBid and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules there under as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (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/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an “Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
11. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the website in any manner.
12. You shall not engage in advertising or solicitation of other SELLERS on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website or us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation, response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Website. GoHitBid shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToA. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THEMATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES AND REVIEWS. Please be advised that such content posted does not necessarily reflect GoHitBid’s views. In no event shall GoHitBid assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
13. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of dealings or the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
15. GoHitBid shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
A seller can’t charge buyers for logistics in excess of the fees prescribed under the following table:
|Category||Max shipping fee in Rs.||Category||Max shipping fee in Rs.|
|Gaming Consoles & Accessories||200||Health & Beauty||200|
|Home Appliance Large||1,000||Home Appliance Small||500|
|Mobiles and mobile accessories||200||Office Supplies||200|
|Posters||200||sports and fitness||200|
The Replacement Guarantee seeks to assist buyers who have been defrauded by sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product(s) any defect is found, then the buyer of the product(s) can ask for replacement of the product(s) from the seller.
If GoHitBid has suspicion or knowledge that some users are involved in any activity that is intended to provide information or claims that are false, misleading, or not genuine, then GoHitBid may, while reserving its rights to initiate civil and/or criminal proceedings against users and at its sole discretion, suspend, block, restrict, or cancel the right of the users tousle the Website and/or disqualify users from availing themselves of any protection through this agreement.
GoHitBid reserves its right to initiate civil and/or criminal proceedings against a user who files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, GoHitBid may, at its sole discretion, suspend, block, restrict, or cancel the display name (and its related display names) of such a seller and/or disqualify that seller and any related sellers from availing themselves of protection through this agreement. Any person who, knowingly and with intent to injure, defrauds, deceives, or files a fraudulent 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.
Definition of Returns: Return is the action of giving back the item purchased on the Website by a buyer to the seller. The following situations may lead to return:
1. Item was defective
2. Item was damaged during shipping
3. Item was missing
4. Wrong item was sent by the seller
5. Return could also result in refund of money in most of the cases.
Points to be noted:
• If SELLER disagrees to a return request, the buyer can file a dispute against the SELLER under Consumer Protection Act.
• We encourage buyers to review the listings before making their purchase decisions. In case a buyer orders a wrong item, the buyer shall not be entitled to any return/refund.
• A buyer needs to raise the refund request within 15 days of delivery. Once the buyer has raised a return request by contacting us on the registered number, SELLER can select one of the following while closing the return ticket:
1. Replace after shipment collection (SELLER have agreed to wait for the logistics partner to collect the shipment from the buyer before replacing it)
2. Refund after shipment collection (SELLER have agreed to wait for the logistics partner to collect the shipment from the buyer before refunding)
3. Refund without shipment collection (SELLER have agreed to refund the buyer without expecting the original shipment back)
4. Replace without shipment collection (SELLER have agreed to replace the order without expecting the original shipment back)
5. In case a seller doesn’t close the ticket in 3days from the date of receiving intimation about the refund request, the refund request shall be settled in favor of the buyer.
Further, for a return being made by the buyer to the seller, the following parameters need to be ensured by the buyer:
|Electronics||Should be New with original accessories Included|
|Clothing and Footwear||Should be “New & Unworn” (other than for trial)|
|Beauty, Health & Personal Care||Should be “New & Unopened”|
|Sports & Equipment’s||Should be “New” and returned with original packaging|
|Office Products||Should be “New” and returned with original packaging|
If a product being returned is not in accordance with the above parameters, then the buyer shall not be entitled to any refund of money from the seller. The shipping cost for returning the product shall be borne and incurred by the seller.
Replacement is the action or process of replacing something in place of another.
A buyer can request for replacement whenever s/he is not happy with an item, the reasons for which could be damaged shipping, defective item, item(s) missing, wrong item shipped and the like. Points to be noted:
1. A seller can always accept a return irrespective of the policy.
2. If a seller disagrees to a return request, the buyer can file a dispute under Consumer Protection Laws. A buyer needs to raise the replacement request within 10 days of the date of delivery of products. Once a buyer raises a replacement request (say, by contacting us on the registered phone number provided on the Website), the following steps shall be followed:
1. The buyer shall be asked the ‘reason for return”. Among others, the following may bathe reasons:
a. Shipping was damaged
b. Item was defective
c. Item dead on arrival
d. Item(s) missing
e. Wrong item sent
2. An intimation shall be provided to the seller seeking either ‘approval’ or ‘rejection’ of the replacement request.
3. In case the seller accepts the replacement request, the buyer shall be required to return the product to the seller and only after return of the product; the seller shall be obliged to provide a replacement product to the buyer.
4. In-case the seller rejects the replacement request, the buyer can choose to raise dispute by writing e-mail to GoHitBid.
5. In case the seller doesn’t have the product at all, the seller can provide a refund tithe buyer and the buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
6. If the seller doesn’t respond to the buyer’s replacement request, within three (3) days from the date of replacement request placed by the buyer, a refund shall be processed in favor of the buyer and the seller shall be liable to refund the amount paid to the seller.
7. All shipping and other replacement charges shall be borne and incurred by the seller.
What is a dispute?
A dispute can be defined as a serious disagreement between a buyer and a seller in connection with a transaction on the Website.
How disputes happen in a marketplace?
Disputes are filed as the result of disagreements between buyers and sellers. Disputes can be raised by either party with the other when complaints/issues are not resolved in their favor.
It is important that before buyers raise disputes, Buyer and Seller should attempt to resolve the issues between themselves. Also another VERY IMPORTANT factor is that whenever a buyer raises a dispute, the seller’s payment for that order is put on hold immediately until a resolution happens.
How a dispute is created?
Whenever there is a disagreement, a buyer or seller can write an email to GoHitBid in order to raise a dispute. A dispute can be raised at a particular transaction level.
What are the various disputes?
The following are some indicative examples of potential disputes:
a) damaged or seal-broken product;
b) part/accessory missing;
c) item not compatible;
d) seller description/specification wrong;
e) defective (functional issues);
f) product not working and manufacturer says invalid invoice.
g) wrong item received; and
h) item not as described
In case a seller rejects the return request of a buyer, and the buyer raises a dispute, then GoHitBid shall try and mediate between the seller and the buyer for a resolution of the dispute. If the dispute is resolved in favor of the buyer, then the buyer shall be entitled to are fund/replacement provided the buyer returns the product to the seller. If the dispute is settled in favor of the seller, the buyer shall not be entitled to any refund/replacement.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:
2. if we are unable to verify or authenticate any information you provide; or
3. if it is believed that your actions may cause legal liability for you, other users, or us.
This agreement shall be construed and interpreted in accordance with the laws of the India and within the territorial jurisdiction of Jaipur (Rajasthan) courts only.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, executors, administrators, successors and assigns.
That due to force-majeure at any stage, if it appears that the implementation of this Agreement and provision of service is not possible, then all the parties to this Agreement will decide the modalities of termination of this Agreement with the assistance of Arbitrator.