Acceptance of the Terms.
- Digital Commerce Lanka (Private) Limited (hereinafter referred to as "DCL" "Us" "We" or "Our") may in its sole discretion alter, add or delete these Terms from time to time without any prior notice which shall come into effect automatically, unless otherwise specified.
- You agree that the Site and the Services are for Your own personal use only.
The bidnow.lk site is a venue for sellers to list items for sale and/or to solicit offers to buy such items, and for buyers to bid on items (“bidnow.lk Site”/ “Site”). The services that bidnow.lk is providing to You via the Site consist the content and the functionalities available on the Site or otherwise provided to You as a result of Your use of the Site (“Services”). DCL is not a party to, nor is it involved in, any actual transaction between buyers and sellers, and thus bidnow.lk has no control over the merchantability, fitness for buyer’s purpose, quality, safety, or legality of the items listed, the truth or accuracy of any statements made in the listings associated with such items, the ability or willingness of sellers to sell listed items, or the ability or willingness of buyers to buy items for which bids are submitted. The actual contract for sale is directly between the buyers and the sellers. Nothing in these Terms will be construed as a representation, covenant or warranty by DCL that a buyer or seller will actually complete a transaction.
bidnow.lk Account. ( Buyer / Seller Accounts )
- General Terms To use the bidnow.lk Services, You must first create a Buyer Account or a Seller Account as applicable ("bidnow.lk Account") by correctly and accurately providing all of the information listed on bidnow.lk’s registration page. DCL reserves the right to cancel any bidnow.lk Account at any time at DCL’s sole discretion, without assigning any reason therefor.
- Buyer Account To use bidnow.lk as a buyer, You must first create an account (“Buyer Account”) on bidnow.lk or bidnow app by providing the required details as per the Site/app and by logging in via Your online social logins (facebook/twitter/ google/ yahoo mail). Buyer Account will be limited for the purpose of making purchases on the Site. By creating a Buyer Account You agree to abide by the ‘Terms and Conditions for Buyers’.
- Seller Account To sell your product on bidnow platform, You must register as a seller by creating an account (“Seller Account”) on bidnow.lk or bidnow app by providing the required details as per the Site/app and by logging in via Your online social logins (facebook/twitter/ google/ yahoo mail). Seller Account will be limited for the purposes of offering for sale and selling products on the Site. By creating a Seller Account You agree to abide by the ‘Terms and Conditions for Sellers’.
Grant Of License
- Limitations. All title and intellectual property rights in and to the bidnow.lk Site (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the bidnow.lk Site), are owned by DCL and/or third parties. Provided that You comply with the Terms of this Agreement, including without limitation by establishing a bidnow.lk Account and maintaining such bidnow.lk Account in good standing, bidnow.lk grants to You a limited right to use the bidnow.lk Site and the bidnow.lk Services. You acknowledge and agree that You have no right (i) to use the bidnow.lk Site and the bidnow.lk Services except as expressly set forth in the Terms; (ii) pursuant to the Terms, to reproduce, create derivative works of, distribute copies or derivative works of, and publicly perform and display any original works of authorship to be found within the bidnow.lk Site; (iii) pursuant to the Terms, to use any trademarks in any manner.
DCL reserves the right to, at any time and in DCL’s sole discretion, amend the Terms to institute a charge for use of some or all of the bidnow.lk Services and/or to change any such charge previously instituted. Unless otherwise stated, all fees are quoted in Sri Lankan Rupees (LKR). You are responsible for paying all fees associated with using the bidnow.lk Site and the bidnow.lk Services and all applicable taxes.
Risk of Trading.
You acknowledge that it is neither commercially nor technically practicable to establish the true identity, nationality, and age of persons using the Internet, and DCL does not confirm the true identity, nationality, or age of any bidnow.lk user. By Your use of the bidnow.lk Site and/or the bidnow.lk Services, You acknowledge that (i) DCL has no obligation to confirm the true identity, nationality, and/or age of any bidnow.lk user and/or to provide feedback or to require that feedback be provided; (ii) that any feedback provided is the opinion of a third party and DCL will not be in breach of the Terms or otherwise liable to You or any third party if such feedback is offensive, harmful, inaccurate, or deceptive; and (iii) You bear all risk arising out of or related to Your use of the bidnow.lk Site and the bidnow.lk Services, including without limitation that a buyer or seller with whom You choose to enter into a transaction may not have the legal capacity to form binding contracts, may not perform its obligations pursuant to such transaction even if binding, may not be subject to the jurisdiction of any Sri Lankan court, and may make statements in connection with such transaction that are false, fraudulent, or otherwise materially inaccurate.
Release and Waiver of Claims.
You acknowledge and agree that DCL is neither involved in nor a party to any actual transaction between or among bidnow.lk buyers/sellers and therefore You hereby waive and agree to release DCL, and DCL’s officers, directors, agents, subsidiaries and employees, from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Your transactions or attempts to enter into transactions with other bidnow.lk users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Bidding For Items; Winning Bids.
- Entry of Bids. You acknowledge and agree that You bear all risk of error in entering a bid. Bids are not avoidable, that is, a buyer cannot reject a bid due to non-requirement. In such circumstances, DCL will retain the Reservation Fee (as defined below) of the bid. Similarly, a seller is unable to change a product / auction after posting live on bidnow.lk platform. In such an event, the seller has to cancel the auction and repost as a new auction item.
- Winning Bids. If, at the end of an auction, (i) Your bid is greater than or equal to any applicable minimum bid or reserve requirements, and (ii) You have placed the highest bid, Your bid is a winning bid ("Winning Bid").
- Confirmation. If You are the winner of a particular bid, You will have the option to pay the reservation fee of 12% of the final bid value (“Reservation Fee”) or the full payment amount with delivery cost via available payment options (Either visa/master cards, Amex, eZ Cash or Dialog Add to Bill service). bidnow.lk does not accept credits cards issued by foreign entities. DCL reserves the right to cancel a winning bid if any payment has been made via a foreign credit card. You acknowledge and agree that the Reservation Fee is NON-REFUNDABLE
- Obligations Upon Placing a Winning Bid. If you have placed a Winning Bid, You are obligated to complete the transaction with the seller.
- Once the bidding is completed and the winner is announced, the buyer has the option to either arrange delivery with the seller by directly contacting him or arrange delivery through DCL. DCL is not responsible for the quality of service, timely delivery, product returns, or any other fault related to delivery, beyond its control. The buyer will have to bear the cost of delivery charges.
- Product return – The buyer cannot return the product simply due to non-requirement. A product can however be returned due to damage or not being fit for the purpose. If the product is damaged or not fit for the purpose, the buyer has the right to reject the product and request for a similar product or a refund from the seller. In such event of product return, the seller shall bear all costs related to the delivery and return.
- Any content posted on the Site shall not;
- directly or indirectly contain information, views, stimulations and/ or images of politics, matrimonial agencies, clubs, unlicensed employment services bureaus, betting tips, betting, tobacco, alcohol, religion, medicine, obscenity and/or any other illegal/ anti-social subject matter;
- infringe the intellectual property rights of any third party;
- contain personal testimonial with specific reference to the character of a person;
- contain anything which clearly offends against generally prevailing community standards relating to decency;
- libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any person or third party;
- contain false or unwarranted claims for any products or services or any defamatory statements;
- contain viruses or any other technologies that may harm the Site or the interests or property of its users;
- include any statement, picture, audio or video that promotes the products or services of DCL’s competitors.
- The prohibited content shall not be limited to the above and DCL reserves the right to at its sole discretion regard any content as prohibited content and refuse to display such content.
- Any content posted on the Site shall not;
Exclusion of Liability
- To the fullest extent permitted by law, DCL shall exclude all liability arising from these Terms.
- DCL shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, other communications networks, user congestion of the network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
- DCL shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Site and in particular, but without limitation to the foregoing, DCL specifically excludes all liability whatsoever in respect of any loss arising as a result of: a) use which You make of the Site and the Services or in reliance of the Services or any loss of any Services or Your content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and b) defects that may exist or for any costs, loss of profits, loss of Your content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time.
- Your only remedy under these Terms is to discontinue using the Site and the Services.
- DCL makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that Your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, Your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material maybe downloaded without Your knowledge, which may give unauthorised persons access to Your computer and the information stored on Your computer. These programs may perform actions that You have not authorised, possibly without Your knowledge.
- DCL reserves the right to modify the Site and/or the Services or suspend or terminate the Site and /or the Services or access to part or all of them at any
- DCL reserves the right to revise these Terms at any time. Such variations shall become effective immediately after being posted on the Site. By continuing to use this Site You will be deemed to have accepted the varied Terms.
- You hereby agree to fully indemnify and to hold DCL harmless from and against any claim brought by a third party resulting from the use of the Site and the Services or the provision of content to bidnow.lk by You and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by DCL in consequence of such use of the Site and the Services or provision of content or your breach or non-observance of any of these Terms.
- You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against DCL arising from the above claims and shall provide DCL with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at Your sole expense.
Monitoring / recording of communications
- Monitoring or recording of Your calls, emails, text messages or other communications may take place when required in accordance with the law, and in particular for DCL’s business purposes, such as for quality control and training, to prevent unauthorised use of DCL’s systems and the Site and to ensure effective systems operation and in order to prevent or detect crime.
Monitoring / recording of communications
- You request and authorise us to rely and act upon all apparently valid communications made by using the access information provided to Us at the time of creating the bidnow.lk Account as instructions properly authorised by You (“Instructions”).
- An Instruction will only be accepted by Us if You have passed through certain security criteria.
- You agree that We can act on any Instructions given to Us even if these Instructions were not authorised by You.
- We will make reasonable efforts to process any Instruction where You request Us to do so but We shall not be liable for any failure to comply with such a request unless it is due to DCL’s failure to make reasonable efforts to do so.
- You must make sure that any Instruction is accurate and complete and We are not liable if this is not the case.
- A transaction being carried out is not always simultaneous with an Instruction being given. Some matters may take time to process and certain Instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
- You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if You have acted with gross negligence so as to facilitate that unauthorised transaction, or You have acted fraudulently. For the purposes of this Clause gross negligence shall be deemed to include failure to observe any of Your security duties referred to in these Terms
- Profligate use of the Site is prohibited. DCL considers that any application which transmit live video, live audio or make similar excessive traffic demands across the network by whatever means, unless provided by DCL, constitutes making profligate use of the network.
- DCL may elect to suspend, vary or terminate the Services and the Site at any time without prior notice for repair or maintenance work or in order to upgrade or update the Site and the Services or for any other reason whatsoever.
- DCL may elect to terminate the Services or your access to the Site forthwith on breach of any of these Terms by You, including, without limitation, delayed or non payment of sums due to DCL or if DCL ceases to offer the Site and the Services to its customers for any reason whatsoever.
Jurisdiction and Dispute Resolution
- These Terms shall be governed by the Laws of Sri Lanka and subject to the exclusive jurisdiction of the courts of Sri Lanka.
TERMS AND CONDITIONS FOR BUYERS
- The buyer shall represent and warrant that all information provided to bidnow.lk is true and accurate.
- The buyer agrees and accepts that the reservation fee of 12% of the final bid value payable by the winner of a particular bid (‘Reservation Fee’) is non-refundable.
- The buyer agrees that in the event the buyer does not complete the transaction within twenty four (24) hours of being informed of the same, the system shall select the next highest bidder
- Where the buyer has paid a Reservation Fee to confirm the transaction, the buyer must either
a.) meet the seller within 7 days and collect the product after paying the remainder of the final bid value directly to the seller or
b.) request for delivery of the product and pay the remainder of the final bid value and the cost of delivery to DCL on bidnow.lk by using available payment methods.
TERMS AND CONDITIONS FOR SELLERS
- The seller shall represent and warrant that (i) all information provided to bidnow.lk is true and accurate and represents the actual product being sold and (ii) he has the right to sell the product
- The seller shall ensure that any content posted on the bidnow.lk Site shall not constitute prohibited content as set out in the Terms. The seller agrees that all content posted on the Site shall be moderated by DCL and that DCL reserves the right to at any time refuse to display any content it deems inappropriate.
- The seller agrees and accepts that the content posted on the Site may not be displayed in real time and that DCL shall take all reasonable efforts to display the content within 24 hours of the seller posting the same, save and except for any cause beyond the control of DCL.
- The seller agrees that he will receive the final bid value payable by the buyer after the deduction of 12% from the final winning bid as the commission receivable by DCL for facilitating the auction.
- The seller would receive the balance payment either when the buyer comes to pick up the product, or when the buyer confirms to DCL that the product was delivered in good condition.
- The payment will be made within ten (10) working days from the date confirmed by the buyer, directly to the bank account nominated by the seller.
- The seller agrees that if any loss is caused to DCL due to incorrect information provided by the seller, particularly with regard to the weight and other product details, DCL may retain a penalty charge to cover such losses.
- The seller agrees that if any product offered by the seller is damaged or not fit for the purpose, the buyer has the right to reject the product and request for a similar product or a refund from the seller. In such event of product return, the seller shall bear all costs related to the delivery and return as per delivery charges herein, which shall be paid to the delivery agent by the seller at the time of return of product.
- The seller agrees that the maximum period that an auction can be posted on the Site is fourteen (14) days. DCL reserves the right to vary this maximum time period at its discretion.
- Perishable items, jewellery, land, buildings and vehicles shall not be posted on bidnow.lk.
TERMS AND CONDITIONS OF DELIVERY
- The product can be delivered to the buyer, via a delivery company appointed by DCL, if requested by the buyer.
- Perishable items or items that need temperature control shall not be undertaken for delivery
- The buyer shall pay the applicable delivery charges to DCL on bidnow.lk by using available payment methods, if he/ she needs the product to be delivered to him/ her.
- The buyer may request for delivery by paying the delivery charges to DCL, only if he/ she has paid the final bid value for the product to DCL via bidnow.lk.
- The delivery agent shall contact the seller to pick up the product
- The seller must ensure that the product is thoroughly inspected by the delivery agent at the time of picking up the product and confirm by placing the signature and the NIC number on the airway bill provided by the delivery agent. The delivery agent shall refuse to accept any damaged product for delivery.
- The product shall be delivered to the buyer within 3 - 5 working days from the time the product is collected from the seller.
- The delivery agent shall contact the buyer to confirm a time for delivery of the product.
- The buyer must ensure that the product is thoroughly inspected prior to accepting it from the delivery agent, and confirm by placing the signature and the NIC number on the airway bill provided by the delivery agent. Upon acceptance of the product, the buyer cannot return the same due to damage.
- The buyer has the option of returning the product to the seller by not accepting the product from the delivery agent under exceptional circumstances, such as where the product is different to what was communicated by the seller.
- The seller shall bear the delivery charges and return charges if the product is returned as above, which shall be paid to the delivery agent by the seller at the time of return of the product.
- Delivery charges are subject to change without prior notice. Current delivery charges applicable for delivery island wide shall be as follows: Delivery Charges
- Maximum weight for delivery shall be 100kg.
- DCL shall not be liable for the quality of service, timely delivery, product returns, or any other fault related to delivery.