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1. General

The following Terms and Conditions shall relate to the relationship between the 90 bids of companies ("90 bids"), 90 bids and the end user “You”, “you”, “Your” or “your”. By using 90 bid’s services, you accept these Terms and Conditions, as well as the manner in which 90 bids operates. These Terms and Conditions constitute the entire agreement between 90 bids and you and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and 90 bids with respect to Your use of 90 bid’s Websites.

For the avoidance of doubt, the "FAQs" and "About" pages on 90 bids Websites are only suggestions and are not intended and may not be relied on as Rules or Terms and Conditions.

2. Definitions

  1. "Bid" or "Bids" means the indication by a user to pay the Purchase Price if the user becomes the Successful Bidder by pressing the relevant button on the Website.
  2. "Copyright Act" means the Indian Copyright Act 1957.
  3. "Intellectual Property" means any patent or patentable subject matter, copyright, design or trade mark associated with the Websites which are owned by or licensed by 90 bids.
  4. "90 BIDS Voucher" means a numbered certificate provided by 90 bids to a Successful Bidder that identifies the Successful Auction Item to which the Successful Bidder is entitled. The 90 BIDS Voucher will have its own specific number and redemption code and specified terms and conditions.
  5. "90 BIDS Nominated Product Provider" means the party nominated from time to time by 90 bids to supply a given product or service. In the event that the product or service relates to the industry of flights and travel, this party will be a licensed travel agent.The 90 BIDS Nominated Product Provider for flights and travel products and services, (unless otherwise advised) would be provided to winners of auctions in confirmation email sent to them or such other travel agent as may be notified by 90 bids to you from time to time. The 90 BIDS Nominated Product Provider is responsible for arranging and vending ALL product or service delivery with the Successful Bidder to satisfy the 90 BIDS Voucher terms and conditions.
  6. "Products" and "Auction items" mean the items that are offered for sale by auction on the 90 bids Websites.
  7. "Purchase Price" means the price that the Successful Bidder is required to pay to 90 bids for the Successful Auction Item, as determined by the final bid that the database recorded before the timer on the 90 bids server(s) ends.
  8. "Successful Auction Item" means the item offered for auction on the 90bids Website which the Successful Bidder is required to purchase for the Purchase Price.
  9. "Successful Bidder" means the last bidder the database records before the timer on the 90 bids server(s) completes its countdown and the auction ends.
  10. "Token Pack" means a pack comprising two or more Tokens.
  11. "User Content" means any content uploaded by You to the Websites and/or any social media pages operated by or on behalf of 90 bids (such content which may include text, written forum comments, data, images, audio files, audio-visual files or software).

3. Acceptance of Terms & Conditions

  1. Your accessing, using, or downloading 90 bids Websites or our services means that You agree to and are bound by these Rules, Terms and Conditions.You also acknowledge that You have had the opportunity to review the introductory information regarding the use of 90 bids included in the "FAQs"
  2. If you in any manner breach any of these Terms and Conditions (Link Terms and conditions), Your user account may be frozen or 90 bids may permanently close your account without prior notice to You.

4. Changes to Terms & Conditions

90 bids may change the Rules and/or Terms and Conditions from time to time at its total discretion. If this occurs, 90 bids may provide You with notice of such changes in any of the following ways: via email, via an RSS feed, and/or by posting a change notice on the Websites for a reasonable period of time. You are responsible for reviewing any revised Rules or Terms and Conditions. If You find any subsequent revisions to the Rules or Terms and Conditions unacceptable, You may close Your account in accordance with 90 bids standard procedure, which can be found on the "FAQs" page, and claim a full refund for the purchase price of any unused Token Pack Tokens remaining in Your account at the time of termination. By continuing to access, use, or download in any way, any service from 90 bids following notice of a revision to the Rules, Terms and Conditions, You agree to and are bound by the Rules, Terms and Conditions as revised.

5. Eligibility

  1. In agreeing to the Terms and Conditions and/or registering with 90 bids and/or using the 90 bids Websites, you confirm and acknowledge that you reside in India and are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction of your residence and that you can engage in a binding contract, and that you meet all other eligibility requirements contained in these Rules and Terms and Conditions.
  2. 90 bids employees and their family members and any persons residing in the same household as 90 bids employees may not under any circumstances participate in 90 bids auctions.
  3. 90 bids Products are only offered to private users and not to any commercial or wholesale or retail persons or entities.
  4. 90 bids reserves the right to limit in its sole discretion the number of user accounts per natural person. The current limit for You is one.
  5. You are offered a number of methods via online payment gateway integrated in our website to make payment for Successful Auction items and Token Packs that have been obtained through the 90 bids Websites. An individual method of payment (such as a specific credit card) cannot be used over multiple accounts held with 90 bids, even if these accounts are held by different persons.

6. Registering

You may register only one account with 90 bids and You must provide a valid email address for the purpose of receiving correspondence from 90 bids. Your user account is personal to You. Only You may use Your user account and it is not transferable. You must not provide misleading or deceptive information when registering nor use a username that violates the intellectual property rights of any third party or advertises any other website. You may not collude to exchange information with other 90 bids users. Your chosen username must not be rude, offensive, or unlawful. 90 bids reserves the right in its sole discretion to determine whether a username is rude, offensive, or unlawful, and to determine the appropriate course of action associated. You must keep your password secret and You are liable for any activities undertaken using Your username and the associated password.

7. Referrals

You may refer friends to 90 bids. We encourage You to do so. 90 bids may choose to offer free Tokens or other rewards to any user who refers new users who purchase a Token Pack. 90 bids reserves the right to review each referral for possible fraud and to ensure both accounts do not breach our Terms and Conditions. If You abuse the referral system it will result in the deduction of Tokens awarded and/or the termination of the user's account.

8. Account Termination

  1. You have the right to terminate Your account at any time. You may do so by closing Your account in accordance with 90 bids standard procedure, which can be found on the "FAQs" page.
  2. 90 bids reserves the right to temporarily or permanently terminate Your account if You have violated these Terms and Conditions, the Rules of the Site, any laws, or the rights of our other users or other third parties.
  3. You agree that if You have breached these Terms and Conditions and/or the Rules of the Site, 90 bids may take any action reasonably necessary to protect 90 bids' legitimate interests or recover costs incurred as a result of Your breach (including by withholding, cancelling, or otherwise retaining any or all of Your pending deliveries, Tokens or payments).

9. How to Purchase Tokens, or Token Packs and how to Bid

  1. Tokens are purchased in advance in the form of "Token Packs." 90 bids reserves the right to offer different size Token Packs at different times, and at different prices or for free.
  2. If You fail to make a payment, whether for a Token Pack or for Your Successful Auction Item, You will be charged a Returned Payment Fee. 90 bids reserves the right to block access to a user's account until payment in full of the invoiced amount for the Successful Auction Item, including any fees due to returned payment (including the Returned Payment Fee) and 90 bids is entitled to withhold any outstanding deliveries of 90 BIDS Vouchers, goods or services until payment in full is received.
  3. From time to time, free Tokens may be offered. Free Tokens are only valid for the later of one calendar month from date of issue, or until the expiration date stated in the promotion under which the free tokens are issued.
  4. Once a Token is placed in an auction, it is deducted from the user's Tokens account and can no longer be refunded, irrespective of whether or not the Bid is successful.
  5. You can only place a Bid by manually clicking an auction's "Bid" button on the Websites.
  6. The auction has an indicative designated closing time that is advertised on the Website, and is a guide only. Although that is the case, during the last 10 seconds (approximately) of the advertised time a further and additional number of seconds resetting the timer back to 10 seconds approximately is added to the auction closing time, each time from then on, whenever a further bid is placed, until finally the countdown continues uninterrupted for 10 seconds to zero without any further bid having been placed. If the countdown timer reaches zero users will be notified that the auction will conclude, unless a further bid is placed by the display of three further statements: "going once", then "going twice" then "final call", if a further bid is placed during this display period then the counter is reset back to 10 seconds approximately and the countdown process continues again, if no further bid is placed during this display period then the auction is at an end.
  7. Tokens expire after six (6) months of inactivity in Your account.
  8. Once Tokens or Token Packs are purchased they are not refundable.
  9. No money will be paid to You in exchange for Tokens.
  10. After Tokens have been deleted, 90 bids will not reinstate them.
  11. If You consider that Your account does not accurately show the correct number of Tokens that You have acquired, You must notify us within Thirty (30) days of the date of acquisition of those Tokens.
  12. Placing bids online on the 90 bids's Websites frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly.
  13. 90 bids will comply with all relevant tax legislation for the sale of Token Packs and Products in the countries in which it operates.

10. Acceptance of the Win / Payment

  1. After an auction has ended, in the event that you are a successful bidder, You must actively confirm and pay the total price for the Successful Auction item. An email will be sent to Your nominated email address with instructions on how to confirm Your acquisition of the Successful Auction Item and how to pay the Purchase Price. Once You have clicked on the confirmation button as part of this confirmation process and pay the total price for the Successful Auction item, the acquisition of the Successful Auction Item is accepted.
  2. When You are the Successful Bidder and have confirmed and paid for your item, You will either receive an 90 BIDS Voucher and instructions from 90 bids on how and where to redeem Your 90 BIDS Voucher, or receive a request from 90 bids for information required by our 90 BIDS Nominated Product Provider to fulfil your purchase. The 90 BIDS Voucher will stipulate the name, address and contact details of the 90 BIDS Nominated Product Provider that will redeem and accept Your 90 BIDS Voucher from You. In return for You redeeming that 90 BIDS Voucher or the relevant information being provided by you with or to the 90 BIDS Nominated Product Provider, the 90 BIDS Nominated Product Provider will finalize the details of Your purchase and will provide You with Your purchased items.
  3. If the acquisition of a Successful Auction Item has not been confirmed and paid within 30 days of the auction end date, 90 bids may withdraw the offer to conclude the order and permanently revoke the Successful Bidder's right to pay for and claim the Successful Auction Item. If 90 bids does this, all Tokens used in that auction will be deemed to have expired and will be non-refundable.
  4. You and the 90 BIDS Nominated Product Provider will between You, but subject to the specified conditions of the auction item, agree and finalise the specific features of the relevant Products and services to be issued or provided to You as the Successful Bidder, including delivery.
  5. In the event that the Products are flight tickets, these are issued subject to the relevant airline's own terms and conditions and the terms and conditions of the 90 BIDS Nominated Product Provider. Without limiting those terms and conditions, the flight ticket is only valid for the period stipulated on the ticket's terms and conditions or the terms or conditions which were stipulated on the 90 BIDS Voucher whichever is the shorter and any variation to the ticket is likely to incur a cost to You or to Your designated ticketholder. Further you should note that domestic flight tickets are non-refundable. In the event that the Products are wines and/or liquor products these products are supplied by and upon the terms and conditions of the 90 BIDS Nominated Product Provider.
  6. In the event that the Products are flight tickets, You must use the ticket for the travel item you have won as described on the Auction Item Fine Print and then as finalized with the 90 BIDS Nominated Product Provider BUT You or your nominated ticket holder are not entitled to any money, refund, repayment arising from a variation or cancellation of your ticket or Auction item won; any and all such money including taxes (if any) will be refunded and repaid to 90 bids who has paid for and purchased the ticket or Auction item for you from the 90 BIDS Nominated Product Provider, in the unlikely event that any monies including taxes, are repaid, refunded or credited back on the ticket or Auction item such monies will remain the sole property of 90 bids.
  7. 90 bids is not responsible in any way whatsoever for the Products provided by the 90 BIDS Nominated Product Provider once the Products have has been issued to You as the Successful Bidder or to Your nominated person (e.g. ticket holder) by the 90 BIDS Nominated Product Provider and/or associated company (such as an airline, winery or other), which means that Your 90 BIDS Voucher has been redeemed.
  8. In the event that the Products are flight tickets, You and/or Your ticket holder are responsible for all Your or their own travel insurance, travel arrangements, transfers, and health and passport requirements and obligations. We encourage you to discuss all of these aspects with the 90 BIDS Nominated Product Provider when redeeming Your 90 BIDS Voucher. We recommend that you take out travel insurance on your tickets and all of your travel arrangements. Travel Insurance is strongly recommended by the Department of Foreign Affairs And Trade for all overseas travel.

11. Special Promotions

Any special promotions run by 90 bids shall only be valid if they are announced on 90 bids' Websites or in its corresponding email newsletter or social media pages. Certain promotions may only be valid for a limited time, with details announced on 90 bids' Websites or in our newsletter or social media pages. Once the advertised time limit of any promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

12. Returns / Cancellations Policy

  1. 90 bids retains the sole discretion to allow Successful Bidders the right to cancel the purchase or return of an 90 BIDS Voucher within 30 days of the day on which the Successful Bidder has confirmed the acquisition of the Successful Auction Item and paid the Purchase Price. This discretion is subject to the rights and remedies to which You may be entitled under the Indian Consumer Law or other laws in relation to the goods or services in the State in India or the State to which Your 90 BIDS Voucher relates.
  2. An 90 BIDS Voucher cannot be returned after the product, service, ticket or booking has been either dispatched, delivered or booked by the 90 BIDS Nominated Product Provider nor can a purchase of wine and/or liquor products be returned or cancelled once the products have been dispatched or delivered unless at the discretion of the relevant 90 BIDS Nominated Product Provider.
  3. If a Successful Bidder wishes to cancel or return an 90 BIDS Voucher in accordance with Clause 12.1 You will be entitled to a refund of the Purchase Price You have paid only. Tokens placed on the auction are not refundable.
  4. Once tickets or coupons or vouchers have been issued, bookings made or products dispatched:
    1. You will have no further claim rights or remedies against 90 bids; and
    2. Your rights, claims and remedies if any, are solely against the 90 BIDS Nominated Product Provider, the manufacturer of the Product or provider of the service or the issuer of the ticket or the relevant airlines or hotel or tour operators and subject always to their respective terms and conditions.
  5. Some exceptions to the 90 bids Returns Policy may apply. If an exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include, but are not limited to, Free Tokens, Coupons, and Voucher Bids. If You are found to be in bad standing due to fraudulent conduct, excessive refund requests, or other such conduct, You are deemed to be in breach of the Rules and Terms and Conditions and will not be eligible for a refund under this Clause 12.
  6. If You wish to cancel a purchase of an 90 BIDS Voucher in accordance with this Clause 12, You must inform 90 bids by email that You want to cancel within the time period of thirty days. Cancellations by telephone or other methods will not be accepted. The following contact email address must be used: contact@90bids.com.

13. Withholding Payment / Retention of Title

You agree that the Successful Auction Item shall remain 90 bids' property until 90 bids receives payment in full, including payment for Tokens used in the auction.

14. System Outage / Temporarily Paused Auctions

  1. A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten (10) minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated.
  2. If You place Bids on a temporarily paused auction:
    1. Your Bids will not count.
    2. You will not become the highest bidder.
    3. The Tokens will be credited back to Your account.
    4. 90 bids is not responsible for any other costs incurred by You due to a system outage.
  3. 90 bids reserves the right to cancel auctions that end due to system error, automated bidding system bidders, employee bidders, technical problems, or any other reasonable reason.
  4. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. 90 bids, therefore, provides no guarantee for the constant and uninterrupted availability of the Sites and other technical systems. 90 bids shall not be liable for any damage incurred by auction users or third parties from using 90 bids' services. In particular, 90 bids shall not be liable for damage that occurs due to bids not being received by 90 bids, not being received promptly, or not being considered as a consequence of technical errors.

15. Trade marks and intellectual property

  1. 90 bids's logos are trade marks of 90 bids.
  2. Any trade marks other than 90 bids's logos appearing on the Sites are the property of their respective owners.
  3. 90 bids does not authorise the use by any other person of its Intellectual Property, unless specifically agreed in writing, and it otherwise reserves all of its rights in relation to its Intellectual Property.

16. Service and Support for Products Purchased

All requests for technical service and support on Products purchased on 90 bids should be made directly to the service provider (such as the 90 BIDS Nominated Product Provider or airline) in accordance with their respective terms and conditions.

17. Disclaimer of Warranty and Liability Regarding Use of 90 bids Websites

  1. Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying:
    1. The application of all or any of the provisions of the Indian Consumer Law.
    2. The exercise of a right conferred by such a provision, or
    3. any liability of 90 bids nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by 90 bids, or the like, in relation to a failure to comply with a guarantee that applies under the Indian Consumer Law to a supply of goods or services.
  2. Subject to the above described application of the Indian Consumer Law, to the maximum extent permitted by law, 90 bids excludes all of its liability (and that of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by 90 bids, or the like) to You arising from or in connection with these Terms and Conditions and Your use or inability to use the Site, software or any related services, whether in contract, tort (including, without limitation, negligence), in equity, under statute, under indemnity or arising from statutory or implied conditions and warranties, including (but not limited to) direct damages, indirect, incidental or consequential (including but not limited to loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred), or special exemplary, and punitive damages.
  3. Where any Act, law or statute applies to these Terms and Conditions, any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in these Terms and Conditions. However, the liability of 90 bids for any breach of such term, condition or warranty will be limited, at the option of 90 bids to:
    1. if the breach relates to goods:
      1. the replacement of the goods or the supply of the equivalent goods; or
      2. the payment of the cost of replacing the goods or acquiring equivalent goods; or
    2. if the breach relates to services;
      1. the supply of the services; or
      2. the payment of the cost of having the services supplied again.
  4. Subject to the above described application of the Indian Consumer Law, You agree that use of 90 bids Websites by You is at Your sole risk.
  5. The Sites and service is provided by 90 bids on an "as is" and an "as available basis" and 90 bids makes no representations or warranties of any kind, express or implied, as to the operation of the Site, its security or the results that may be obtained from the use of the Site.
  6. Neither 90 bids nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by 90 bids, or the like, warrant that Websites affiliated with 90 bids.
  7. Any service or software downloaded or otherwise obtained through the Sites is done at Your own discretion and risk, and You will solely responsible for any damage to Your computer system or loss of data that results from the download or installation of any such material.
  8. The information, products, and services published on 90 bids may contain inaccuracies or typographical errors. 90 bids makes no warranty as to the results that may be obtained from the use of 90 bids or as to the accuracy, reliability, or currency of any information content, service, or Auction items through 90 bids.
  9. 90 bids shall not be responsible for any opinions, views, advice, or statements posted on the Sites (including, without limitation, in any public posting areas of the Website) by any person or entity other than an authorised 90 bids spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorised 90 bids spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
  10. Subject to the above described application of the Indian Consumer Law, to the maximum extent permitted by law, 90 bids hereby disclaims any and all liability from claims arising from Auction items offered or purchased via the Site.
  11. 90 bids will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a flight or trip arising for the tickets issued by the 90 BIDS Nominated Agent or airline.? 90 bids is not liable for flight delays, loss of baggage, or other injury or losses that occur during a trip arising from redemption of the 90 BIDS Voucher. You or Your designated ticket holder should take out Your own travel insurance.
  12. The Limitation of liability this clause (16) shall apply notwithstanding any reliance on any information obtained from 90 bids or that results from mistakes, omissions, interruptions, deletions of files or email, errors, defects, viruses or other malicious code, delays in operation or transmission ,or any failure of performance whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to provider records, programs, or services, and whether or not 90 bids has been advised of the possibility of such damages, You hereby acknowledge that this limitation shall apply to all content, Products and Auction items available through 90 bids.
  13. Except for the warranties above 90 bids makes no other warranties, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES OFFERED OR PERFORMED BY 90 BIDS OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY PRODUCT. If You are dissatisfied with any aspect of the Site, You should discontinue Your use of the Site.

18. Indemnity

You agree to indemnify, defend, and hold 90 bids and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable legal fees, suffered by any Indemnified Persons due to, arising out of, or in connection with:
  1. Your use of 90 bids Websites or any of the services offered by 90 bids,
  2. any breach by You of these Terms and Conditions or any person acting in collusion with You,
  3. any breach of applicable law or court order by You, and
  4. any negligence or willful misconduct by You.

19. Disputes

  1. By agreeing to these Terms and Conditions, You and 90 bids each waive the right to a jury trial or to participate in a class action.
  2. You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the 90 bids Websites or arising under these Terms and Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as outlined in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with 90 bids regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.
  3. If any dispute or difference arises between the parties to these Terms and Conditions as to the construction of these terms and Conditions or as to any matter or thing of whatever nature arising under or in connection with these Terms and Conditions, then such dispute or difference shall, unless resolved within thirty days of the date upon which notice of the dispute or difference is given by a party to the Terms and Conditions, be submitted to mediation in accordance with clause 19.4.
  4. The mediation procedure shall be:
    1. A party may start mediation by serving a mediation notice on the other party within 14 days of the expiration of the 30 day period referred to in clause 19.1.
    2. the notice must state that a dispute has arisen and identify what the dispute is;
    3. the parties must jointly request appointment of a mediator.
    4. once the mediator has accepted the appointment the parties must comply with the mediator's instructions; and
    5. if the dispute is not resolved within thirty days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases.
  5. The mediator may fix the costs for mediation which must be paid equally by the parties.
  6. If the dispute is settled, all parties must sign the terms of agreement and these terms are binding on the parties. The mediation is confidential and statements made by the mediator or the parties and discussions between the parties to the mediation before after or during the mediation, cannot be used in the legal proceedings.

The mediator is not bound by the rules of natural justice and may discuss the dispute with a party in the absence of any other party.

20. Applicable Law

  1. These Terms and Conditions and Your use of 90 bids Websites shall be governed by and must be construed according to the laws applying in the Republic of India. Subject to the dispute resolution procedures set out above each party submits to the non-exclusive jurisdiction of the courts of India, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to Your use of the Site.
  2. 90 bids will follow all applicable laws for the sale of Token Packs and Auction Items in the republic of India from where it operates.

21. Void outside of India, and void where prohibited or restricted by Law

If You open an account or participate in auctions offered by 90 bids while located in a prohibited jurisdiction, You will be in violation of the law and these Terms and Conditions and subject to having Your account suspended or closed permanently. You agree that 90 bids cannot be held liable if laws applicable to You restrict or prohibit Your participation.

22. Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms and Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms and Conditions as closely as possible.

23. 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 here.

24. Social Media and User Content

  1. 90 bids operates a number of social media pages to communicate with You and the public. These social media pages include:
    • Facebook - https://www.facebook.com/90bids and
    • Twitter - http://twitter.com/90bids
  2. These Terms and Conditions apply to each social media page operated by or on behalf of 90 bids.
  3. 90 bids takes no responsibility for and does not endorse any comments made by You, the public, other users or any third party on or via a 90 bids social media page. 90 bids does not make any warranty in regard to any communications made by You and/or any third party through a 90 bids social media page, and no liability is accepted by 90 bids for any statements, opinions, posts, comments, likes, links or similar made through our social media pages.
  4. Social media communications made on a social media page operated by 90 bids are not official company communications and may be made in jest. Only e-mails from contact@90bids.com, vip@90bids.com, or statements posted on the 90 bids Websites should be taken as an official company communication, and information distributed on or through a 90 bids social media page should not be relied on for any purpose.
  5. Where You upload User Content to the Websites and/or any social media page operated by or on behalf of 90 bids, You:
    1. grant 90 bids a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way without compensation (including, without limitation, by reproducing, changing, and communicating the User Content to the public) and permit 90 bids to authorise any other person to do the same thing;
    2. consent to any act or omission by 90 bids which would otherwise constitute an infringement of Your moral rights under the Copyright Act in relation to the User Content; and
    3. acknowledge and agree that 90 bids may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any User Content submitted by You to or via the 90 bids Websites or a social media page operated by or on behalf of 90 bids.
  6. In each instance when You upload User Content to or via the Sites or any social media page operated by or on behalf of 90 bids, You:
    1. represent and warrant (and can demonstrate if requested) to 90 bids that You have all right, title, interest and authority in the User Content which is necessary to grant the licences and consents set out in clauses 23.5(a) and 23.5(b);
    2. represent and warrant (and can demonstrate if requested) to 90 bids that you have the permission to use the name and likeness of each person whose image appears in any User Content in the manner contemplated by these Terms;
    3. represent and warrant to 90 bids that the use or exploitation of User Content by 90 bids and/or any other user of the Sites or a social media page operated by 90 bids will not infringe the rights of any third party (such rights which may include, but are not limited to, intellectual property rights and privacy rights); and
    4. agree and undertake to 90 bids to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with Your submission of the User Content to or via the Sites and/or a social media page operated by 90 bids.The :
      1. licence granted under clause 23.5; and
      2. warranties and undertakings provided under clause 23.6,
      survive the termination of these Terms and Conditions.
  7. The 90 bids members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners may operate their own social media pages, and any opinions, posts, comments, likes, links or similar are their own and not sanctioned by or the opinion of 90 bids.

25. External Links

The Websites may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the websites linked to and from this sites are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

26. User Conduct

  1. You must not add any User Content to the Sites or any social media page operated by 90 bids:
    1. unless You hold all necessary rights, licences and consents to do so;
    2. that would cause You and/or 90 bids to breach any law, regulation, rule, code or other legal obligation;
    3. that is or could reasonably be considered to be defamatory, false, malicious, misleading, disparaging, obscene, inappropriate, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing.
    4. that is or has the potential to defame, mock and/or bring into disrepute 90 bids, the Sites and/or any social media page operated by 90 bids.
    5. that infringes the rights of any person;
    6. that You know (or ought to reasonably suspect) is false, misleading, untruthful or inaccurate;
    7. that contains unsolicited or unauthorised advertising (including junk mail or spam);
    8. that contains computer or software viruses, files, programs or the like that are designed to:
      1. disrupt, damage, or otherwise interfere with the ordinary functionality of any software, hardware or telecommunications; or
      2. obtain unauthorised access to any system, information, security device belonging to 90 bids or any third party.
  2. In using the Sites and/or any social media page operated by 90 bids, You must:
    1. not take any action that is likely to impose upon the Site, social media page or the infrastructure of 90 bids (or its third party service providers) a disproportionately large load;
    2. not interfere with the proper working of the Site, social media page or any activities conducted via the Sites and/or social media page;
    3. not use any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Sites and/or social media page;
    4. not reverse engineer or otherwise seek to obtain any source code forming part of the Sites and/or social media page (except to the extent that such restriction may be prohibited by law); and
    5. abide by all laws (whether local, state, national or international) which apply in connection with your use of the Sites and social media page.
  3. Breach of clause 25.1 or 25.2 will entitle 90 bids to terminate Your 90 bids account.

27. Waiver

Any waiver of any provision by 90 bids of the Terms and Conditions or Privacy Policy will be effective only if in writing and signed by 90 bids.

28. Notices

Except as provided otherwise in these Terms and Conditions, all notices, requests, instructions, and other communications given to 90 bids by You must be given in writing by hand delivery in return for a receipt, sent certified or registered mail (return receipt requested), or sent by overnight courier service, addressed "Mitta Global Wines Pvt. Ltd, #451, Ring Road, Azadpur 110033"

29. Contact us

Our registered office address is Mittal Global Wines Pvt. Ltd., #221, Second Floor Devika Tower, Nehru Place 110019. Our email address is contact@90bids.com. We prefer that You direct all of Your communication to or with us to this email addresses.
If you have any questions, concerns, or comments about these Terms and Conditions, please email us at contact@90bids.com.
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