TERMS AND CONDITIONS
By accessing ChaseBid™, you are agreeing to be bound by the Website Terms and Conditions which are subject to revision by ChaseBid™ at its sole discretion and time. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you shall not be allowed to access or utilize these services. The materials contained on ChaseBid™ are protected by applicable intellectual property laws.
II GENERAL TERMS
1.2 You may not use the Services if you do not accept the Terms & Conditions set out herein.
1.3 You must accept the Terms & Conditions by clicking to indicate your acceptance or agreement to the Terms & Conditions.
1.4 Before you continue, you are advised to print or save a local copy of the Terms & Conditions for your records.
1.5 You may not use the Services and may not accept the Terms & Conditions if you do not meet the eligibility requirements under Clause 2 of General Terms.
2.1 By accessing the Services, the member/User exercises the right to act autonomously, and guarantees the right, authority and capacity to accept the present agreement. All persons under the age of 18 must obtain the consent of their parents or legal guardian before using the Services. Every single member, by registering with ChaseBid™ unconditionally accepts without any exception the following prohibited uses:
(i) Open and use more than ONE ChaseBid™ account.
(ii) Supply false or misleading address, mobile or email address to open or use an account.
(iii) Use names and/or address and/ or personal data of any type belonging to third parties, except for, and only for, their username of choice. All other details must be consistent and accurate to the participant.
(iv) Participants must not breach any laws of their country of residence with respect to legality of entering our Auctions. Viaan shall not be held responsible for any user/member/entrant entering any of our Auctions unlawfully. If in any doubt, you should immediately leave the Services and check with the relevant authorities in your country.
2.2 ChaseBid™ reserves the right to suspend and/or terminate any member’s/user’s account, if the member/user does not follow the rules (i) to (iv) under Clause 2.1 above.
3. Intellectual Property Rights
3.1 With the exception of content posted by Users of Promotion (“User Content”), all materials contained in the Services, including all content and the software, graphics, text and look and feel of the Services, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Viaan or its affiliated entities.
3.2 The User shall not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to the User’s compliance with this Agreement and any other relevant policies related to the Promotion. We grant to the User a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for the User’s own non-commercial entertainment purposes consistent with the intended purpose of the Services. The User agrees not to use the Services for any other purpose.
3.3 The Users are prohibited from posting on or transmitting through the Services any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, abusive, racist or offensive.
3.4 Without limiting the foregoing, the User may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others and/or Viaan unless the User has first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.
3.5 By submitting content or materials to us through the Services, including, without limitation, uploading any materials, choosing a username or participation in any chats or forums, the User automatically grants us, or warrants that the owner of such content has expressly granted us, the royalty-free, irrevocable, sub-licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute the User content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and the User’s username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing the User as the winner.
3.6 The User also hereby grants each User of the Services, a non-exclusive license to access his/her content through the Services, and to use, reproduce, distribute, display and perform his/her content as permitted through the functionality of the Services and under these Terms & Conditions. The above licenses granted by the User in the User content are perpetual and will only terminate if the User has requested the removal or deletion of his/her content from the Website.
3.7 The User understands and agrees, however, that we may retain, but not display, distribute, or perform, server copies of content that has been removed or deleted. Subject to these grants, the User retains any and all rights which may exist in his/her content.
3.8 We may disclose any of the User’s content or electronic communication of any kind (i) to comply with any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Services; (iii) to protect the rights or property of Viaan and our officers, directors, employees and agents; or (iv) to protect our Providers and any other User.
4. Liability and Indemnity
4.1 Except as expressly provided in these Terms and Conditions, and to the extent permitted by law, Viaan and its employees, agents and partners disclaim any and all liability in respect of any loss or damage arising out of the Game and/or Services, whether such loss or damage results from negligence, breach of statutory duty or otherwise, and whether in contract or in tort or otherwise, including but not limited to the loss or corruption of data, any errors or omissions, content, delays or interruptions in transmission or operation and lines or communication failure. In no event shall Viaan be liable for any loss of profit, goodwill and any indirect, special or other consequential or incidental damage, whether foreseeable or not.
4.2 Notwithstanding anything to the contrary contained in the agreement, ChaseBid™’s liability to the member for any cause whatsoever, regardless of the form of action, will at all times be limited to the relevant amount paid by the member which is expressed in bid bids and bid fee.
4.3 By participating in this Promotion or receiving a prize, entrants (and in particular, winners) and their parent/guardian if applicable, agree to release and to indemnify and hold harmless Viaan, and each of its respective related companies, and all of their respective officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Promotion (or related activities) or the acceptance, possession or use/misuse of a prize.
5.1 ChaseBid™ shall not be liable for incorrect or incomplete contents published on the Services or concerning the Services whether these are generated by users, members or any other instrument or program associated to the service or used by the service or generated by the conduct of any user and/or member of the service both online and offline. ChaseBid™ shall not be liable for any errors, interruptions, extensions, defects, delays in the operations or in the transmission, lack of communication lines, thefts, destruction or unauthorised access to or alteration of user and or member communications. ChaseBid™ shall not be liable for any technical malfunction or problem of any network or telephone line, online computer system, server or provider, computer equipment, software, lack of email or traffic congestion of the Internet or any site or combination of these, including tort or damage to user and /or Member computers and/or computer of any person, that may arise from taking part or downloading material related to the ChaseBid™ site and/or Services. ChaseBid™ shall not be liable, for whatever reason, for any loss or damage deriving from the use of the site or Services and/or any content published on the site or communicated to ChaseBid™ members by anyone. ChaseBid™ and their employees cannot guarantee and do not promise that the use of the site and/or Services will lead to specific results.
III. OPERATIONAL TERMS
1.1 In order to access the Promotion, the Users are required to open an account on ChaseBid™ (“Account”). When creating/signing up for the Account, each member/user must create a "Username" which will identify the ChaseBid™ member/user in a unique way. Each member/user must also create a "Password" which shall be kept confidential by the user and shall not be disclosed to any other person. Username and Password allows ChaseBid™ members/users to see, use and manage their Account.
1.2 The Users are responsible for: (i) keeping confidential any password that the Users have created, to use any aspect of the Game or availing Promotions, and (ii) restricting access to the User’s compatible device (Mobile, PCs, tablets etc). The User agrees to accept full responsibility for all activities that occur within his/her Account. The User must notify us immediately of any breach of security or unauthorized use of his/her Account.
1.3 The User shall not be allowed to create more than one Account.The User shall also not be eligible for any bonuses, promotions and/or rewards given to other Users by ChaseBid™. The User should not attempt to circumvent any of the restrictions aimed at preventing the creation and use of multiple accounts by one user. ChaseBid™ bans any account which appears to be a joint use of the account. Under no circumstances, ChaseBid™ shall allow any User to give permission to other Users/Persons to use his/her account.
1.4 ChaseBid™ shall not be liable for any loss caused through unauthorized use of the User’s Account, whether with or without the User’s knowledge. However the User shall be liable for any loss to ChaseBid™ or a loss to our third-party licensors’, content providers’, merchants’, advertisers’, sponsors’, and service providers’ (collectively, “Viaan Providers"), due to such unauthorized use.
2.1 Our service is limited to the choice of products placed on auction. Our Service includes monitoring the regular execution of sales based on a blind lowest unique bid auction system and monitoring that the product auctioned is delivered to the winner.
2.2 ChaseBid™ reservs right to remove, terminate and/or cancel any aution at any given time without any prior notice based on product avaibility with the distributor.
2.3 In addition, the ChaseBid™ Services includes the management and updating of the Services and of its web and software parts, as well as the management of all the costs related to servers, employees, advertising and costs related to the management of the Company.
2.4 You hereby agree and accept that the Service offered and for which you decide to buy bids is reasonable. Members/Users who wish to place their bids accept and agree to buy bids as mentioned in the ‘Purchase Bids’ Section in order to receive these products/ services.
3.1 Access to ChaseBid™ and registration is free for any visitor/user/entrant. To receive the Services offered by ChaseBid™ you must buy bids or acquire Free and/or Reward bids (applies only to members who are regular participants in our Auctions). Bids are available to be used at your discretion for our provided Services.
3.2 The amount of bids deducted from your Bids Dashboard details can be accessed on the Website/application and/or on ChaseBid™ and will vary according to the product. By registering as a Member/User and subsequently want to receive the ChaseBid™ services, you agree and accept that any payment you make to ChaseBid™ is made exclusively to guarantee your continued use of the Service.
3.3 You agree that the information service offered by ChaseBid™ for each bid is an additional Service offered by ChaseBid™ for which no payment, but only the use of bids, is required. The member/User shall be solely responsible for any type of management of his/her Account.
4. Special Offers: Discounts, Reward Bids and Free Bids
4.1 When purchasing bids, ChaseBid™ may from, time to time, introduce at its own discretion, various discounts, free bids, reward bids or any other form of special offers and at different applicable times.
4.2 Any applied discounts, free bids, reward bids or other forms of special offers can only be used to participate in the current auctions at ChaseBid™, and can in no other way be used or reclaimed in the form of payment or compensation otherwise.
4.3 All bid types, discounts and special offers are subject to the advertised terms and conditions specified at the time of the offer. ChaseBid™ reserves the right to take appropriate action, which may include immediate account deactivation without refund, towards any members/users abusing any of the special offers.
4.4 Bonus points which user receives via Promotional Videos need to be used by converting into bids before the offer ends i.e. before 30th April 2018. Any bids or bonus points redeemed will be nullified after the mentioned date.
5. Withdrawals of Winnings and Refunds
5.1 At ChaseBid™, the member/User cannot claim in any refund of bids purchased. All type of bids are non-transferable and non-refundable in nature.
5.3 Viaan assumes no liability for purchase error, trial versions, bids purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase. We will not be liable for any errors on billing statements issued to the User by his/her carrier.
However, you can't bid and win more than two products in a month. Also, you can win a mega auction including cars/vehicles only once in every six months.
5.4 Viaan assumes no responsibility on any network issues due to which the User may not in any case be able to access/use ChaseBid™ before, during or after the auction has commenced.
5.5 On winning the Car/Motor vehicle auction, ChaseBid™ shall check the bidding history, no of bids placed, etc. and a congratulatory email would follow from the date of announcement of the winner. The email will include the details / specifications/ variant of the car/ motor vehicle and other applicable charges (If any).
5.6 It is obligatory for the winner/member to provide all KYC details mentioned in the email.
5.7 Once the payment for the car/motor vehicle is processed , and post confirmation from the car/motor vehicle dealer based on availability or waiting in case if we don’t have the auctioned car/motor vehicle available in your area then Chasebid TM will be arrange for another variant of a car/motor vehicle with similar Features based on availability and we will intimate you regarding the payments to be made from your side , most specifically but not limited to on road charges and insurance cover cost or any other applicables taxes thereto. Chasebid TM shall Only pay the EX Showroom cost . The entire process, subject to satisfactory verification of your KYC, shall take a minimum of ten weeks till the delivery of the car/motor vehicle.
5.8 Any other changes/ modifications including fuel Variant, customization, additional features, interiors required by the winner shall be charged extra and exclusively be borne by the winner Only.
6. Service Changes
6.1 ChaseBid™ reserves the right, at any time, to change or interrupt, temporarily or permanently, a part of the Service with or without notice. You agree and accept that we shall not be liable and shall not be subject to sanctions by you or third parties for any change, suspension or interruption of the Service and you agree and accept that you shall not have the right to receive any refund unless the Service is permanently closed and interrupted for a continuous period of six (6) consecutive months.
7. Lowest Unique Bid Auction
Participants may bid on any number of the ongoing items until the Auction closes. Auction shall close only when the time frame for an auctioned item hits zero.However, you can't bid and win more than three products in a month. Also, you can win a Mega auction prize like Car/Motor vehicle only once per family in every six months. Winners bidding from multiple accounts and using their immediate family members account/s are not allowed to participate in the Mega Auction prize and will be suspended from bidding on Chasebid.com during such auctions.
7.2 Bids Amount
Bids can be placed upwards from the minimum start amount of 0.01. The Auction item containing the Lowest Unique Bid at the end of an Auction is sold to the User who has placed that bid and for the price of that Lowest Unique Bid at the end of the Auction.
7.3 Valid Bid Registration
The Incoming bids shall only be considered as valid once they are registered at ChaseBid™. The incoming bids can be viewed from the Users Account History. Typically, the bid is registered within one second after it is sent from the member/User, but in some rare cases, bidders may experience connection problems with their Internet Service Provider. These connection problems may result in a delay between the time taken to submit the bid by the bidder and the time taken to be received by ChaseBid™. In this case ChaseBid™ shall not be held accountable and/or liable for any changes in the situation caused/occurred in terms of winning an auction for a registered bidder.
7.4 Lowest Unique Bidder
The Member/User who at the end of the Auction has placed the Lowest Unique Bid shall be declared the winner of the Auction. The Lowest Unique Bid refers to the act of placing the lowest bid along with being the only one to place the bid in question. ChaseBid™ continuously identifies the Lowest Unique Bid and ensures the current winner information is up to date. If ChaseBid™ identifies in an extremely rare case that no bid placed by any bidder is unique, then ChaseBid™ shall identify the lowest bid first placed on an item containing two bids. There shall always be one winner of the Auction.
7.5 Duration of the Auction
Each auction shall have a Start and End date which is clear by the countdown clock on the Product Auction page available via the Services. Each auctions duration shall be specific to that auction and shall be under the decision and discretion of the ChaseBid™ team.
8. Auction Winner
8.1 Auction Winner Notification
ChaseBid™ shall notify the winner through an email, as defined under “Lowest Unique Bidder”, and sends an invoice covering the winning bid. The invoice has to be paid within seventy two (72) hours after the receiving of such invoice. If the invoice is not paid within the allotted time, the winner of the Auction shall lose the opportunity to purchase and/or convert and/or earn cash for the auctioned item. Auction winners are responsible for inspecting all products immediately upon delivery and reporting any problems to ChaseBid™ within fourteen (14) days after the date of delivery.
Items/Products are normally delivered within 7-10 working days after the invoice has been paid. The Winner agrees that in some cases and/or unavoidable circumstances that may prevent ChaseBid™ in delivering the item/product to the Winner within the usual allotted time frame. ChaseBid™ pledges to duly notify the Winner of such delay and explain the circumstances of such delay. All items are delivered by registered delivery partners, to the registered address specified in the Winner’s ChaseBid™ Account.
8.3 Product Warranty
Items/Products on ChaseBid™ shall be sealed and brand new products along with the manufacturer’s warranty, which may vary according to the manufacturer. Although ChaseBid™ shall always be there to assist the customer in rectifying any issues with any defective items/products but does not offer any explicit product warranties to that effect. In the event that there is a fault with the received item(s)/product(s), please contact us and explain the issue with the item(s)/product(s) received. If any fault in the item/product is covered by the manufacturer’s warranty and/or the supplier, ChaseBid™ shall assist the winner in acquiring a brand-new product from the manufacturer and/or supplier if the necessary warranties are relevant to such cases.
8.4 Product Descriptions
We do our best to give detailed and accurate description and/or information of the item/product where possible. The information may contain printing errors or incorrect elements. Therefore, item/product information shall not be considered as a declaration by ChaseBid™ of the technical characteristics of a product. Hence, even the product colour may vary depending upon stock availability. All images used are copyrighted and belong to their respective owners.
In case, due to unavoidable circumstances the auctioned product including vehicle/cars not available in your country, the Chasebid team shall assist the winner in getting any other product (s) equivalent to the auctioned product value.
Once the payment has been made by the member/User of ChaseBid™ platform, no member/User shall be permitted to cancel or eligible for refund of the same.
8.6 Contact Information
When placing a bid, the member/User agrees to provide an e-mail address that ChaseBid™ shall use to contact the member/User at the time of the closing of the Auction in the case that the member/User has placed the Lowest Unique Bid. The member/User shall also provide ChaseBid™ with other contact details including, but not limited to, phone number, Skype, address and gender when opening an account.
8.7 Publication of Auction Winners
ChaseBid™ reserves the right to contact the winner after the end of an Auction cycle and publish information about the winner. All winners of items are obligated to submit a picture and name to ChaseBid™ for publication in order to provide its members/Users and the public with transparency in regards to Auction winners.
8.8 Product Price, Charges & Taxes
ChaseBid™ hereby declares that all prizes like car/motor vehicle, etc are subject to ex-showroom price inclusive of local tax and do not include delivery charges and any other local taxes / applicable taxes . Any charges including delivery charges and/or all local taxes, if any applicable, shall be paid by the winner of the lowest unique bid auction and/or shall be the sole responsibility of the winner of the Auction.
9. Trademark Property
9.1 ChaseBid™ trademarks and/or the ChaseBid™ logo, and/or ChaseBid™ Website texts belong to Viaan Industries Limited. Any and/or all other trademarks belong to their respective owners. You cannot, for any reason, use any of the Intellectual Property Rights of ChaseBid™ and/or reproduce texts, images or any other data published on the ChaseBid™ Services without receiving prior written consent and/or permission from ChaseBid™.
10.1 ChaseBid™ reserves the right to refuse to accept any entry which, in its opinion, does not comply with the terms and conditions of the Game or which contravenes the spirit of the Game. Viaan further has an absolute discretion to disqualify any entry/bid, or vary, amend or waive the terms and conditions of the Game at any time and members/users agree that no liability shall attach to either party as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. Any site members/Users or entrants found to be attempting or suspected of attempting to hack into any servers or systems run by Viaan or its associates will be immediately removed from the system and have their entries cancelled.
The Member/User hereby also agrees to use our services only for lawful purposes. Specific prohibited activities include, but are not limited to:
(a) criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(b) promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(c) using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;
(d) attempting to circumvent, disable or otherwise interfere with security-related features of ChaseBid™ or features that prevent or restrict use or copying of any content or enforce limitations on use of ChaseBid™ or the content therein;
(e) using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with ChaseBid™ Website, and taking advantage of cheats or exploits;
(f) using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;
(g) interfering with, disrupting, or creating an undue burden on ChaseBid™ Website or the networks connected to the ChaseBid™ Website;
(h) attempting to impersonate another participant or person;
(i) collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
(j) using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;
(k) using any information obtained from ChaseBid™ in order to harass, abuse, or harm another person;
(l) using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
(m) using ChaseBid™ in a manner inconsistent with any and all applicable laws and regulations;
(n) sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone;
(o) access or use of a third-party account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
(p) using our services for commercial exploitation.
10.2 The User will immediately be banned from the accessing our services , if they are found to be participating in any one of these activities. Any conduct by the User in violation of the foregoing prohibitions may result in the suspension or termination of his/her Account.
11. Anti Fraud Policy
11.1 Fraud typically involves making deposit via fraudulent payment methods. These events pose no threat to innocent players since these defrauding players simply use the platform as a means to spend, deposit or exchange money that does not belong to them. ChaseBid™ have several fraud detection systems and shall continue adding more systems to make safe and secure environment for the Users to pay and play on the platform.
11.2 ChaseBid™ does not tolerate unfair or fraudulent behaviour from Users on its platform. Once unfair or fraudulent behaviour is detected, the Users/players found to be abusing, cheating or defrauding ChaseBid™ or its Users, by using illegal, unfair or fraudulent mean(s), shall be suspended or permanently banned from accessing the ChaseBid™ platform and appropriate legal action against such perpetrators shall be undertaken. Any funds and/or deposits of any identified player engaging in unfair or fraudulent conduct or cheating, shall be frozen with immediate effect without notice. The information about the perpetrator will be shared with other online gaming sites and government authorities, as required.
11.3 ChaseBid™ encourages Users/Players who believes or has a reason to believe that a User(s) is using illegal means and/or engaging in cheating or unfair practices while using the ChaseBid™ platform in any manner, he/she may report the number or any other detail that may be relevant to ChaseBid™ who in-turn shall take the necessary and appropriate steps.