VODAFONE PREMIUM MOBILE NUMBER AUCTION
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- Gwendoline Riley
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1 VODAFONE PREMIUM MOBILE NUMBER AUCTION Please read these terms & conditions carefully before registering to participate in this auction. By participation in this auction, you hereby unconditionally agree to be legally bound by these terms & conditions. If you do not agree to abide by these terms & conditions, please do not participate in this auction. The premium mobile number auction is launched in Chennai & Tamil Nadu Circle only by Vodafone South Limited & Vodafone Cellular Limited respectively. Any subscriber / customer can participate in the auction through USSD (Unstructured Supplementary Service Data). Each USSD session will cost Rs.3/-. The USSD code for participation is available in the Vodafone website. The reserve price for different categories of premium number will be determined & fixed from time to time by Vodafone. The premium number under the auction is neither assignable nor transferable under any circumstances The auction & bidding will be for a stipulated period commencing from the date of auction & the period will be specified along with the other details pertaining to the number being auctioned Vodafone reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this auction or any part thereof including the eligibility criteria, the Terms & Conditions at their sole discretion at anytime during it s validity as may be required in view of business exigencies and/or changes, now or in the future, by a regulatory authority and/or statutory changes and the same shall be binding on the Subscriber. You are therefore advised to check this website regularly for any update(s) or amendment(s) made to these terms and conditions. A Subscriber, by participating in the auction hereby agrees to the Terms and Conditions mentioned hereunder and gives his/her consent to the criteria and process of selecting the highest bidder as set out herein, and any appropriate changes that may be made by Vodafone due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of Vodafone. Also, by participating in this auction, the Participant / Subscriber: a) Warrants that he/she has read, understood and agreed to conform to these Terms and Conditions. b) Warrants that the accuracy, truthfulness and currency of all information that he/she may have submitted. c) Acknowledges that his participation is voluntary.
2 The winners of the bidding should make the payment in any of the selected Vodafone stores after fulfilling the guidelines within the stipulated time. Eligibility for participating in the Auction: The subscribers intending to participate in the Auctioning of the Vodafone Mobile Numbers for getting the Vanity/Premium Vodafone Mobile Numbers in Chennai & Tamil Nadu circles are required to fulfill the following eligibility conditions: a) Participants shall be Residents of India and shall possess valid Address proof. b) Subscriber must be 18 years or above. c) Subscriber must not have been neither been convicted nor prosecuted for commission of any criminal offence nor are of an unsound mind. d) Subscriber must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship. All the existing Vodafone Mobile Post-paid & Pre-paid customers intending to change their mobile number are also eligible to participate in the auction. Participant/subscriber can also take a new Vodafone Mobile connection and bid through the same Mobile Number. In case a subscriber / participant who possess resident address proof bids through their family / friend s Vodafone Mobile number, the liability to pay the amount, if declared winner shall remain with Vodafone cellular subscriber from whom the bid is made. Compliance: The selection of the highest bidder is subject to compliance with all applicable statutory legislations/guidelines/ processes /formalities and on production of all such documents/papers as may be required by Vodafone. Any failure on the part of the highest bidder to comply with directions issued by Vodafone shall entitle Vodafone to reject bid at their sole discretion. This auction is subject to guidelines/ directions issued by the Department of Telecommunications (DoT), Telecom Regulatory Authority of India (TRAI) or any other statutory authority from time to time. The highest bidder / winner is required to submit the documents specified herein below along with the bid price. (the document list is only inclusive and not exhaustive and can change as per the requirements of Law): a) Identity Proof b) Address Proof c) Recent Photo d) Proof of holding the Vodafone telephone connection. e) Letter, Declaration or any other document in the format as may be required by Vodafone etc. Participation in the auction 1) The subscriber has to dial the USSD code to participate in the auction.
3 2) The subscriber can bid only for one number in a bidding schedule. The customer can have a choice of selecting the Premium numbers from various categories. 3) Upon dialing the code the customer need to select the premium number from the available list. 4) On selecting the number, the subscriber should enter his bid amount. 5) The customer will be given an option to bid against his selected number. The price opted should be above the reserve price for each level for an incremental value at a time. 6) Whenever a bid is registered for one particular number, all bidders who have bid that particular amount may get a SMS notification & they may revise their bid to stay competitive in the auction. 7) The winners will have to fill up the CAF form along with necessary documentation and a Vodafone connection registered with the number allotted to the winner will be issued. 8) At the end of the bidding period, the subscriber with the highest bid for a particular number will be selected & will be informed. Subscriber has to claim the same through selected Vodafone stores within 72hrs with a valid ID proof. If he fails to claim within 72 hrs the same would be given to subscriber with the second highest bid or may release for re-auction & henceforth. 9) The bidding process stops on reaching the dead line, i.e date and time predefined by Vodafone for auctioning. The results will be announced after the closing of bid. The highest bidder will be chosen for completion of bid payment, submission of CAF details and receiving the SIM from the nearest Vodafone Store. 10) Existing Vodafone customer can bid for a vanity number for changing his/her number. Existing Vodafone customer can also bid for taking a new connection. Allotment of vanity number shall be subjected to submission of CAF and other prescribed verification procedure in both cases. 11) Any bid below the minimum reserve price shall not be accepted. 12) At the end of auction, the highest bidder shall be informed by Vodafone about their status and request them to provide Name, Address and details of ID (to ensure that number is allotted to selected customer only). These details shall be used to contact the selected bidder. Therefore it is very essential that bidders are always available on the mobile phone. If the highest bidder fails to contact or is not contactable for 3 days through calls & SMS, Vodafone shall have the right to offer the number to the next highest bidder or release the number for re-auction. 13) If the highest bidder fails to deposit the bid amount within 3 working working days of intimation, Vodafone shall have the right to re auction the number or the number shall be offered to the next highest bidder at the discretion of Vodafone 14) In case a bidder, when intimated to deposit the bid amount, fails to deposit the amount, then his/her Vodafone mobile number shall be debarred from all future auction of Vanity/Choice numbers. 15) For bidded amount, applicable taxes shall be extra. 16) Selected bidder can have his/her choice number under any existing mobile plan (prepaid or postpaid) of Vodafone. However the normal SIM/Activation charges, Security Deposit (in case of Postpaid plan) etc., shall be charged extra on actual
4 basis. 17) Amount paid for the vanity number taken in auction is non-refundable. 18) Entire bid amount shall have to be paid in single installment before obtaining the choice vanity number. 19) If no participation is received for any premium number the same will be released for next auction process. 20) The winner will be announced after the end of the auction and after all the selection processes are completed. 21) Vodafone will not be responsible for any claims arising out of technical failures before, during or after the completion of the auction including but not limited to any technical failures in the mobile connectivity, failure of servers or the failure to provide the correct updates or any mistakes arising out of technical snags. Further, Vodafone shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of Vodafone. 22) After the selection and validation of the highest bidder, the highest bidder will be contacted, through SMS or calls, for two consecutive days, and will be given further details as to how, when and where they can comply as per the guidelines. The premium number must be claimed by the highest bidder within 3 days of the date of intimation, failing which, the premium will be allocated to next highest bidder or release for re-auction. 23) In the event that any of the highest bidder cannot be reached or are ineligible or are disqualified, for any reason whatsoever, Vodafone reserves the right to allocate to second highest bidder or release for auction at their sole discretion. 24) Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by Vodafone including, but not limited to, meeting of the participant's requirements or aspirations, timeliness, security, the results or reliability of any challenge/scheme, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the auction or any transactions effected through the auction; (b) The participant expressly agrees that his/her participation in the auction offered by Vodafone is at the participant's sole risk and is governed by the Terms and Conditions herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the website or through the auction shall be construed to mean the giving of any warranty of any kind by Vodafone. 25) All or any dispute, difference, misunderstanding between the parties arising out of or in relation to this auction/bid hereof (including interpretation of any provision hereof) shall, unless otherwise resolved by the parties amicably, be referred to a sole arbitrator appointed by Vodafone as per the provisions of the Arbitration and Conciliation Act, 1996 (including any amendment or re-enactment thereof). The proceedings of such arbitration shall be in English language and be held at Chennai alone. A sole Arbitrator will decide the dispute and the award will be final and binding on the parties. Subject to the above, the parties submit to the exclusive jurisdiction of competent courts of Chennai. 26) If the highest bidder is not able to provide sufficient evidence to show that he/she is the successful bidder of the mobile number, Vodafone reserves the right to
5 reject & select the second highest bidder as winner at its sole discretion. The decision of Vodafone in respect of all transactions under this auction shall be final and binding 27) Vodafone reserves the right, at any time, to unconditionally disqualify any participant/subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the auction. Failure by Vodafone to enforce any of their rights at any stage does not constitute a waiver of those rights. 28) A Subscriber shall be considered ineligible if he/she does not conform to the conditions as stipulated in this Terms and Conditions, or cannot provide any of the required documents as stipulated in this Terms and Conditions. UNCONDITIONAL APPROVAL: a) All bidders acknowledge that their right to participate in the auction, receive the premium number of his choice, and receive services from Vodafone, is subject any laws and regulations, and directions, guidelines, orders, issued by any governmental, regulatory authority or Court or tribunal, now or in the future. Vodafone reserves the right to revoke the premium number granted to the bidder if mandated by any such requirements. b) The successful bidder acknowledges that he/she will be bound by the terms of the CAF, DoT guidelines, TRAI guidelines, etc while using Vodafone mobile connection after successful bidding of the vanity / premium number. c) The subscriber is also acknowledges that on permanent deactivation or surrender of premium number, Vodafone has got right to allocate the said premium number in favour of any third party or release it for auction at its sole discretion. The subscriber undertakes not to claim or seek any refund of bid amount on deactivation of the mobile number. The bid amount is non-refundable one-time fee for using the premium mobile number and does not provide ownership to the mobile number. d) The subscriber also acknowledges that the allocation of mobile number is subject to DoT & TRAI guidelines.
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