The term ‘You’ & ‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
The terms ‘we’, ‘us’, ‘our’ shall mean the Website and/or the Company, as the context so requires.
The term ‘Services’ shall mean the business of carrying out online auctions of various products, by inviting bids and selecting the winning bid to provide the respective product.
The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
“Personal Information” shall mean and refer to any personally identifiable information that we may collect from you. For removal of any doubts, please refer to Clause 2.
“Third Parties” refer to any Website, company or individual apart from the User and the creator of this Website.
We are committed to respecting your online privacy. We further recognize your need for appropriate protection and management of any Personal Information You share with us. Since we provide certain services as mentioned above, we may collect the following information which are appropriately required to provide such services:
From Users, information including name, contact number, email address, etc. is collected. We collect, and store personal information provided by you from time to time on the Website. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:
To enable the provision of services opted for by you;
To communicate necessary account and service related information from time to time;
To allow you to receive quality customer care services;
To comply with applicable laws, rules and regulations
To facilitate evolution of the platform through provision of analytics to Users.
Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request may be shared with such third party.
We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for service improvement, but shall immediately delete all such information upon withdrawal of your consent for the same through our ‘unsubscribe’ button or through an email to be sent to firstname.lastname@example.org. We collect and store your search details on the Website, including your search history, the usage of the Website and the features and time you have used the Website for. We collect any communications between you and other Users/third-parties on the Website.
Transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.
At every stage prior to, during or after information collection, you have the right to access all personally identifiable information provided, rectify or alter all personally identifiable information provided, restrict the level of information to be retained as per your sole discretion and object to the retention, use and potential disclosure of the personally identifiable information.
Users are responsible for maintaining the security and confidentiality of their account details and passwords. Please note that We will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Further, Users are advised to sign off from their systems after availing of the Services to avoid accidental and unauthorised access to personal information from their accounts by any third-party.
OUR USE OF YOUR INFORMATION
The information provided by you at the time of registration and thereafter shall be used to contact you when necessary. For more details about the nature of such communications, please refer to our Terms of Service. Further, your personal data may be collected and stored by us for internal record.
We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Website uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognise your computer and 'remember' what you've done on the site. The benefits of this are:
You only need to log in once if you're navigating secure areas of the site
Our server can distinguish between your computer and other users, so you can see the information that you have requested.
You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Website. We also use various third-party cookies for usage, behavioural, analytics and preferences data.
EXTERNAL LINKS ON THE WEBSITE
YOUR RIGHTS REGARDING INFORMATION
Unless subject to an exemption, you have the following rights with respect to your personal data we hold:
The right to request a copy of your personal data which we hold about you;
The right to request for any correction to any personal data if it is found to be inaccurate or out of date;
The right to withdraw Your consent to the processing at any time;
The right to object to the processing of personal data;
The right to lodge a complaint with a supervisory authority
The right to obtain information as to whether personal data are transferred to a third country or to an international organization.
Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Website.
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Company. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
When any information is uploaded to Your User account, it sends it over the Internet using Secure Sockets Layer (SSL). This method encrypts the information to help prevent others from reading it while it's in transit from your computer to Us. If you're using the Website to upload sensitive data, you should properly secure your computer. To help do this, you can use anti-spyware and virus protection software. You can also restrict access to your computer (for example, by using a strong password for your computer login and a network firewall).
The Company shall not be held liable in any way for events beyond our control or in any way for accidental or unauthorised access of your information. No data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
Other Corporate Entities: We may share much of our data, including Your Personal Information, with our parent and/ or subsidiaries that are committed to serving your needs through use of Our Website and related services, throughout the world. Such data shall be shared for the sole purpose of enhancing your experience of using the Website. To the extent that these entities have access to your information, they shall treat it at least as protectively as they treat information they obtain from their other members. It is possible that we and/or our parent and/or subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You shall receive notice of such event (to the extent it occurs).
Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability.
Any information that you make publicly available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties.
ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, you can review and change the information you submitted at the stage of registration. An option for facilitating such change shall be facilitated by emailing us at email@example.com. If you change any information, we may keep track of your old information.
If you believe that any information we are holding on you is incorrect or incomplete, or to remove your profile, please write to or email us as soon as possible, at firstname.lastname@example.org. We shall promptly correct any information found to be incorrect.
We shall retain in our files, information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information shall be completely removed from our databases in response to your requests.
You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website or otherwise and Your use and access of Websites and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which you may have disclosed to such Third Parties.
TERMS AND CONDITIONSOF SERVICEAND USE
a. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
i.The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii.The terms ‘we’, ‘us’, ‘our’ shall mean the Website and/or the Company, as the context so requires.
iii.The term ‘Services’ shall mean the business of carrying out online auctions of various products, by inviting bids and selecting the winning bid to provide the respective product.
iv.The terms ‘Party’and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
g. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and the Services. If the User does not adhere to the changes, you must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
Unregistered users shall be able to visit the Website to fully understand the scope of the Services. However, to fully avail the Services of the Website and use of it, a one-time registration is required to create a profile. You may access the Services by signing in as User by providing the following information which shall include but not be limited to full name, email ID, mobile number, etc. The Website may request other optional information, but the same shall be clearly indicated to be optional in nature. This information is used to provide Users with important services and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience.
Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Website as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
3. SERVICE OVERVIEW
The Website provides a platform where Users can place bids on different products that are on auction online, and the winning bid will win the product that is on auction – the User will have to transfer the amount of the winning bid to the Website and the Website will arrange for the product to be shipped to the User.
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All the graphics, designs, images and artwork (collectively, ‘Content’), is generated/provided by the Website. All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company.
The Website is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by Users shall be made via the Website, the Websitebears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the contenton the Website. The User is informed that the pictures of the products on the Website may slightly vary in size, colour and overall appearance and are encouraged to view the product description before placing bids.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website.Usersshall not copy, adapt, and modify any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
A User may terminate their use of the Website at any time. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the Website without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Website also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website and/or other visitors to the Website. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
Registration on this Website is free for Users and this includes accessing the Website. However, we reserve the right to amend the charges for the services rendered. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on theWebsite.
The Users acknowledge that one or more of the following modes of payment shall be accepted on the Web App:
a. Through credit/debit cards
b. Through internet banking
The Users/s acknowledges that a minimum of one of the above payment methods shall be offered on the Website. The Users are solely responsible for the genuineness of credentials and payment information provided on the Website and the Website shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Website, and that they:
a. Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register.We are not liable if the User has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
c. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered in to the database of the Website. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the services through the Website.
e. Authorize the Website to use, store or otherwise process certain personal information and all published Content and User comments and reviews and ratings for marketing and promotional purposes, and for optimisation of User-related options and services..
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company.
h. Agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website. The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website.
i. The User may report any offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
j. The Website permits the User to post, or upload data/information as User comments, feedback or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
The User further undertakes not to:
a. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
b. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
c. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
d. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e. Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
f. Post or share any image/file/data with any third-parties or other Users that contains confidential information from any other User or without the express prior knowledge and consent of the respective User;
g. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
h. Download any file belonging to another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
i. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
j. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;
k. Collect or store data about other Users of the Website without their express consent;
l. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);
m. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website;
n. Violate any applicable laws, rules or regulations currently in force within or outside India;
o. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
p. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
q. Publish, post, or disseminate information that is false, inaccurate or misleading;
r. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
t. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete or incorrect information;
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of theCompany.
a. Your use of the Website,
b. Any Discussions or Messages you provide;
c. Your violation of these Terms and Conditions;
d. Your violation of any rights of another;
e. Your alleged improper conduct pursuant to these Services;
f. Your conduct in connection with the Website;
g. Your internal disputes amongst other Users
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the services or materials contained therein.
13. LIMITATION OF LIABILITY
a. The Founders/ Promoters/ Associated people of the Website are not responsible for any consequences arising out of the following events:
i.If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii.if the User has fed incorrect information or data or for any deletion of data;
iii.if there is undue delay or inability to communicate through email;
iv.If there is a failure in the functioning of any other service provided by the Website.
b. The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website.
c. Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
d. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
e. The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
f. To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
14. DISCLAIMER AND REFUND
The information published on the Website in respect of services are for general information and reference purposes only, and are not intended to be of an authoritative nature under any circumstances. The facilities and Services are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain information available on the Website is the property of the Company and the Company endeavours to keep the said information updated and accurate, the Company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The Company bears no responsibility whatsoever for any consequences arising from the use of the said services by Users.The use of the platform is the sole responsibility of the User (or legally authorised person on behalf of the User), and the and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Website. The Company shall not be responsible for any consequences, direct or indirect, from the use of the products or the placing of bids by the Users. The Company shall not reveal the bids placed by individual Users on the Website, but shall not be responsible for any consequences arising from the hacking or leakage of information from the Website.
The final decision regarding which Services to avail of from the Website shall be at the sole discretion of the User. The Companyshall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website. Through this website you are able to link to other websites which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
If a User loses the bidding on any product, the User shall not be liable to receive any money from the Company/Website and in the event of winning a product, the User shall not be eligible to return the same to the Company/Website, but shall be entitled to a replacement product in the event that the User receives a damaged product.
15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images after being sent in by the Users and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The User agrees and undertakes that they are accessing the Website and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
b. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website and the Website doesn’t make any warranty about the conduct of Users on the Website.
c. The Company/Website does not guarantee that the functions, products and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
d. The Website is and shall avail services from third parties to serve You better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems.
e. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. FORCE MAJEURE
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
18. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Alwar.
c. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing at email@example.com.
20. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us at firstname.lastname@example.org.
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