IndiaAuction.com's Terms and Conditions for Auction Participation

1. Introduction

This web site referred to as 'indiaauction.com' (hereinafter referred to as "site") contains comprehensive information about online auctions/ e-auctions. The site is owned and operated by M/s Best MULYANKAN Consultants Ltd. (hereinafter referred to as "Owner").

a. Terms of Use and subsequent amendments
You may visit the site to get yourself acquainted and familiarize with the online auctions process. However, being allowed to access the site, you bind yourself into these 'Terms of Use' that contains terms and conditions as set out hereinafter. Owners can form time to time revise these Terms of Use by updating this page. By using this Site, you agree to bind yourself with any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. If you do not accept the terms and conditions let down in this user agreement, do not use this website.
All amended terms shall automatically became effective immediately after they are posted on the site and any subsequent use of the site shall be governed by such amended terms. This agreement was last revised on 15/01/05.
Owner may terminate, change, suspend or discontinue any aspect of the site, including the availability of the features, at any time. Owners may impose limits on certain features and services or restrict your access to any or all of the parts of this site without notice or liability.

b. Force Majeure
The site shall not be responsible or shall take no liability to you for any interruption or delay in access to the site irrespective of the causes.

c. General

I. Applicable Laws
This site is controlled, operated and administered by owners M/s Best MULYANKAN Consultants Ltd, having their registered office at Mumbai in INDIA at #307, Best Commercial Complex, Opposite Railway Station, Andheri (West), Mumbai 400 058. The Indian laws will governs this Agreement. Disputes if any arising out of these Terms of Use shall be resolved within the jurisdiction of Mumbai Courts ONLY.
Although this site may be accessed from any state, as well s from other countries, by accessing this site both you and 'indiaauction.com' agree to abide by the statutes and laws of India, without giving effect to any principles of conflicts of laws relating to the use of this site.

II. Other
These terms constitutes the entire agreement between you and owner governing your use of the site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shell be deemed to be serve able from the terms and shell not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the site must be filled within one month after it arose or be permanently barred.

d. Specific
indiaauction.com is designed to function exclusively as an information intermediary between buyers and sellers of goods. As an intermediary, indiaauction.com makes no warranty, express or implied, for any of the listed equipment's merchantability and /or fitness and / or quality for a particular purpose.

All specifications and descriptions quoted herein are representation of those supplied by the vendors and indiaauction.com accepts no responsibility for any errors or omissions. All of the goods/ equipments offered herein is subject to prior withdrawal by the owners.

All buyers who are exposed to each other through this site must exercise normal commercial and legal caution in mutual dealing as applicable in business. Indiaauction.com accepts no responsibility for any wrong doing by any side.

I. Each registration is separate for every member. Therefore, we do not permit any of the following:-
i) Sharing your User Name and Password
ii)Any part of the site being cached in proxy servers and accessed by individuals who have not registered with indiaauction.com as user of the site.

II. indiaauction.com is the singular and the only judge regarding determination of winning bidder. The owner is the sole decision maker in the event of a dispute and accepts no liability for any or all errors or omissions.

III. indiaauction.com acts as the venue for seller to conduct auction and for bidders to bid for the lots offered for sale. Normally, seller assures the sale and the buyer is bound to take the delivery of the goods. If buyer fails to take the delivery of the goods his EMD is forfeited. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to bye items.

IV. indiaauction.com reserves the right to postpone or cancel an auction, or cease providing auction facility, without notice, should it, in its sole discretion, determine that such action is warranted.

V. indiaauction.com will not have any liability or obligation to the intended bidders as a result of any postponement, cancellation, or withdrawal by indiaauction.com.
e. indiaauction.com is not responsible for failure to execute a bid, for errors relating to the execution of a bid, or for technical problem, which may hinder the efficiency of a bid. indiaauction.com is not responsible for e-mail transmission times or delays. On all issues relevant to technical parameters, the technical determinations of indiaauction.com servers will prevail over all others.

I. In no event shall indiaauction.com be liable for any damages, whatsoever, and indiaauction.com shall not be liable for indirect, consequential, or incidental damages, or damages for lost profits, loss of revenues, or loss of use, arising out of or related to the this auction web presence or the information contained in it, whether such damages arise in negligence or otherwise.

II. indiaauction.com shall have no liability to you for any interruption or delay in access to the site irrespective of the cause.

III. All bids are non-cancelable once submitted.

IV. indiaauction.com does not represent or warrant the description, accuracy, quality, quantity, correctness, soundness, make, manufacture, model of the goods posted by sellers for auction.

V. indiaauction.com’s decision as rega5rds the highest/ successful bidders shall be final and the it reserves the right to remove from the auction all/ any items that are disputed, withdrawn by the seller etc.

VI. indiaauction.com is not responsible for bids not being processed or not being accepted due to technical difficulties.

VII. Each auction is conducted independently, and the sale formats, terms & conditions of the sale and minimum bids may change from auction to auction.

VIII. It is a violation of law to make bids in a false name, even if indiaauction.com initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Please do not "test" our auction with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. It is a violation of law to attempt to defraud others by means of the Internet.

IX. indiaauction.com disclaims all warranties, representations or conditions, whether express or implied, including, without limitation, all express or implied warranties, representations or conditions of merchantability, or fitness or quali8ty for a particular purpose.

X. Indian Law will govern the agreement. The Indian courts will have exclusive jurisdiction over any disputes arising under this agreement.

F. Other terms and Conditions:

I. Usage
Our Services are available only to business firms or authorized representatives or individuals who can legally enter into binding contracts under applicable laws. Minors are prohibited from utilizing our Services.

II. Account Activation
Each bidder is required to register prior to participating in the auction. After registering, a unique ID and password will be mailed to the e-mail address mentioned in the registration form.
To become eligible to participate, you will have to pay an Earnest money Deposit two working days before the start of each auction at the registered office of owners i.e. Best MULYANKAN Consultants Ltd, 307-A, Best Bldg, Opp Andheri Rly Stn (W), Mumbai 58, by way of Demand Draft OR PayOrder drawn in the name of the seller as is been mentioned in the Catalogue. The amount can also be paid directly in HDFC Bank account of Best MULYANKAN, a/c no 2400310001382 with MS Client Code: BESMC
The Bidding Limit of the Bidders will be set equivalent to 10 (TEN) times of the Earnest Money deposited. (e.g: If EMD deposited is Rupees One Lakh, Bidder can Bid up to the Bidding Limit set at Rupees Ten Lakhs)

III. Interference with the Services
You agree not to use any device, software to interfere or attempt to interfere with any of the Services of 'indiaauction.com' OR website or domain or any auction being conducted on such site. You agree not to put any material into the ' indiaauction.com’ website or domain which contains any viruses, or other computer programming routines that may damages, interfere with, surreptitiously intercept or expropriate any system, data or personal information, and agree to indemnify and hold harmless 'indiaauction.com’ from any damages, claims, or causes of action related to or arising out of the exposure of the 'indiaauction.com' website or domain to such programming routines, whether advertent or inadvertent.

IV. Unique ID
You are solely responsible for all actions conducted with your Unique ID, and agree not to use your Unique ID for any unauthorized purpose. You agree not to disclose your Unique ID to any third party, and to take all necessary precautions to prevent unauthorized use of such Unique ID by any third party. You hereby agree to waive any rights, claims, or causes or action against 'indiaauction.com' arising out of or related to the use, whether authorized or unauthorized, of your Unique ID.

V. Termination
You agree that 'indiaauction.com', in its sole discretion, may terminate any aspect of your use of any of the Services immediately and without notice if 'indiaauction.com' believes: (a) that you have breached any provision of this User Agreement, or (b) that you have violated the rights of other users of the Services. You agree to waive any rights, claims or causes of action against the Owner.

VI. Disclaimer and warranties
i. Each user understands and agrees that any material and / or data downloaded from the services or website or any goods or services obtained through the services is done at user's own risk and that user will be solely responsible for any damages resulting from any downloading or other transaction.

ii. No advice or information, whether oral or written, obtained by you from 'indiaauction.com' or through or from the services shall create any warranty not expressly stated herein.

iii. In some countries, laws do not allow the exclusion of certain warranties, so some of the above disclaimers and / exclusions may not be applicable to you.

iv. indiaauction.com disclaim all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness, for a particular purpose, title, and non-infringement.

v. Waiver and limitations of liability:
You agree that none of 'indiaauction.com', its employees or agents, shall in any event be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of, resulting from, or related to:
Any use or any inability to use the services
Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or message received or transactions entered into through or from the services.
Unauthorized access to or alteration of your transmission or data.
Participant - to - participant disputes, or
Other matter relating to services. This waiver shall include, but not be limited to, damages for loss of profit, data, or other intangible assets, even if 'indiaauction.com' has been advised of the possibility of such damages.
You here by agree that 'indiaauction.com' (and its employee's and agent's) liability to you or any other party in any circumstances is limited to Rs. 1000/-

vi. General compliance with laws
You should be in compliance with all applicable laws, status, ordinance and regulations concerning your participation in, or use of, the services in any capacity, including but not limited to bidding, listing or purchasing items.

vii. Taxes
You are responsible for paying all applicable taxes (including, but not limited to, sales tax, excise duty, custom duty, octroi). All other customers are responsible for directly submitting any sales tax required by the laws of their state of residence to the appropriate taxing authority.

viii. Foreign transactions
Foreign participants are responsible for all customs declarations, taxes, duties, or other assessment that may be applicable to a sale or purchase by them. You agree to indemnify and hold harmless the owner from any all losses, damages, liability, obligations, assessments, suits, actions, proceedings, claims or demands, including costs, expenses, and fees (including reasonable attorney's fees and expert witness fees incurred in connection therewith) arising out of any foreign transaction.

ix. License
By registering with indiaauction.com, you grant 'indiaauction.com' a non-exclusive, world wide, royalty-free, irrevocable, sub-licensed (through multiple tiers) right and license to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material displayed in your listings or bids.

x. No resale or unauthorized commercial use

This agreement, including all your rights and obligations hereunder, shall not be assignable by you without the prior written consent of 'indiaauction.com'. You also agree not to make any unauthorized commercial use of our services.

xi. No Agency
You agree that neither this agreement nor your use of the services creates any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between 'indiaauction.com' and any user of the services.

xii. Notice
Any notice to you shall be made in writing to the address of the owners i.e. Best MULYAKAN Consultants Lt Only.

2. User Conduct
a. User conduct - General

In using this site, you agree:

I. Not to disrupt or interface with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliated or linked web site.

II. Not to disrupt or interface with any other user's enjoyment of the site or affiliated or linked website.

III. Not to upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files.

IV. Not to use or attempt to use other's account, services or system without authorization from the owner, or create or use false identity on this site.

V. Not to attempt to obtain unauthorized access to site or the portion of the site which are restricted from general assess.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national, and international laws and regulations, including Indian laws that related to your use of or activities on this site.
b. User conduct - online communication and other interactive areas
The site may contain the area where you may post and share comments with other site user on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the site unlawful, harassing, libelous, abusive, offensive, threatening, or obscene communication or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations; or, that are otherwise objectionable, including without limitations, content that evidence bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against any one. Owner reserves the right but not the obligation to remove any material it deems objectionable. You agree to hold harmless owner and its affiliates and parties with whom owner has contracted for purpose of hosting or maintaining this site from all claims based upon communications made or materials posted by other user by third parties of this site.

c. Online communication on and through the site
Except as otherwise provided in our privacy policy mentioned elsewhere on this site, you agree that any communication you transmit to anyone through the site or copyrighted works you post on the site, including without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase order, quotes, performance data, account information, or other material, data or information (referred to as "Information"), are non-confidential and upon transmission of such information to owner via email or other means you grant to owner an irrevocable, non-exclusive, royalty-free, sub-licensable, world wide license (including but not limited to a copyright license) to use such information for any purpose.