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Complete the Registration formalities to participate in our Auctions..
Registration
For Sellers:
Please contact the
office of IndiaAuction.com
for registration.
For Buyers:
Please fill in the online Registration form given below and
Download
the
Acceptance of Sale Conditions & Participation form
and submit the same with requisite documents to
office of IndiaAuction.com
Personal Details:
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First Name:
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Last Name:
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Email-Id:
Alternate Email-Id:
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Company Name:
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Address:
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Pincode:
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Phone No.:
Ex. 022-26841836 [CityCode-Phone]
Mobile No.:
Commercial Details:
PAN No.:
C.S.T. No.:
State Sales Tax.:
S.S.T. Validity:
Terms and Conditions
Click for Printable Version of "Terms of Use"
Terms of Use
1.Introduction 1.1.The auction and related services provided by IndiaAuction.com Pvt. Ltd. ("IndiaAuction") through the Website ("Service" or "Services") and the use of the Website and provision of the Services are governed by these Terms and Conditions (the "Terms and Conditions"). 1.2.By accessing or using the Services or the Website or by registering as either a buyer or seller commonly referred to hereinafter as ("user/s") of the website. The users agree to have (1) read the Terms and Conditions, (2) understood the Terms and Conditions, and (3) are bound by the Terms and Conditions in their use of the Services and the Website. 1.3.If users do not agree to the Terms and Conditions, they may not access or use the Services or the Website. If users do not understand the Terms and Conditions, please contact IndiaAuction at customerservice@IndiaAuction.com 1.4.The Terms and Conditions, together with any additional terms and conditions specific to a particular auction (which are incorporated herein by reference and can be found through one or more links on the detail page for the auction in question), constitute the entire agreement (the "Agreement") between IndiaAuction and User regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter. 1.5.IndiaAuction may terminate, change, suspend or discontinue any aspect of the site, including the availability of the features, at any time. IndiaAuctions may impose limits on certain features and services or restrict their access to any or all of the parts of this site without notice or liability. 2.Force Majeure 2.1.The site shall not be responsible or shall take no liability to the user for any interruption or delay in access to the site irrespective of the causes. 3.General 3.1.Applicable Laws: This site is controlled, operated and administered by IndiaAuction.com Pvt. Ltd having its corporate 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. 3.2.Although this site may be accessed from any state, as well s from other countries, by accessing this site both users 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. 3.3.These terms constitutes the entire agreement between users and IndiaAuction governing their use of the site. Should any provision in these is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Users agree that any claim arising out of or related to these terms or use of the site must be filled within one month after it arose or be permanently barred. 4.Specific 4.1.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. 4.2.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 IndiaAuction. 4.3.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. 4.4.Each registration is separate for every member. Therefore, we do not permit any of the following:- 4.4.1.1.Sharing one’s User Name and Password 4.4.1.2.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. 4.4.1.3.IndiaAuction.com is the singular and the only judge regarding determination of winning bidder. IndiaAuction is the sole decision maker in the event of a dispute and accepts no liability for any or all errors or omissions. 4.4.1.4.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. 4.4.1.5.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. 4.4.1.6.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. 4.5.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. 4.6.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. 4.7.IndiaAuction.com shall have no liability to users for any interruption or delay in access to the site irrespective of the cause. 4.8.All bids are non-cancelable once submitted. 4.9.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. 4.10.The decision of IndiaAuction.com with regard to 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. 4.11.IndiaAuction.com is not responsible for bids not being processed or not being accepted due to technical difficulties. 4.12.Each auction is conducted independently, and the sale formats, terms & conditions of the sale and minimum bids may change from auction to auction. 4.13.It is a violation of the law and these terms to make bids in a false name, even if IndiaAuction.com initially accepts such a bid. Please be aware that even if users do not give us their real name, the web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify the user. 4.14.Please do not "test" our auction with false bids. This puts the user 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. 5.Other terms and Conditions: 5.1.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. 5.2.Account Activation 5.2.1.Each bidder is required to register prior to participating in the auction. After registering with the available unique Login - ID a system generated password will be mailed to the e-mail address mentioned in the registration form. 5.2.2.To become eligible to participate, users will have to pay the Caution/ Earnest money Deposit (as applicable) before the start of each auction - Either by depositing a Demand Draft/ Pay Order drawn in the name of the seller at the corporate office of IndiaAuction.com 307-A, Best Bldg, Opp Andheri Railway Station (West), Mumbai - 400 058, OR 5.2.3.By depositing the amount directly in the HDFC Bank Account No. 2400310001382 with MS Client Code: BESMC as is been mentioned in the Auction Catalogue. 5.3.Unique ID 5.3.1.Users are solely responsible for all actions conducted with their Unique ID, and agree not to use their Unique ID for any unauthorized purpose. Users agree not to disclose their Unique ID to any third party, and to take all necessary precautions to prevent unauthorized use of such Unique ID by any third party. Users 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 their Unique ID. 5.4.User Information 5.4.1.Users will provide information to IndiaAuction.com during the registration process and to IndiaAuction.com and other Users during the course of the use of the Services and the Website (the "User Information"). User represents and warrants: (1) that all User Information is accurate and complete at the time of registration, and (2) that User information will be continuously updated such that the User Information shall at all times be current, accurate, and complete. 5.4.2.Subject to the terms of the IndiaAuction.com Privacy Policy, User grants to IndiaAuction.com a non-exclusive, worldwide, perpetual, royalty-free and irrevocable license to use the User Information, including any associated copyrights, trademarks, or other intellectual property or proprietary rights User may have in the User information, for any purposes in connection with the Services or the Website. 5.5.Privacy Policy 5.5.1.The terms of the IndiaAuction.com Privacy Policy are incorporated by reference into these Terms and Conditions. User may request for our Privacy Policy and IndiaAuction.com will provide the same to registered users. 5.6.User Conduct: In using this site, the users agree 5.6.1.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. 5.6.2.Not to disrupt or interface with any other user's enjoyment of the site or affiliated or linked website. 5.6.3.Not to upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files. 5.6.4.Not to use or attempt to use other's account, services or system without authorization from the IndiaAuction, or create or use false identity on this site. 5.6.5.Not to attempt to obtain unauthorized access to site or the portion of the site which are restricted from general assess. In addition, users agree that they are solely responsible for actions and communications undertaken or transmitted under their account, and that they will comply with all applicable local, state, national, and international laws and regulations, including Indian laws that related to their use of or activities on this site. 5.6.6.The site may contain the area where users may post and share comments with other site user on a variety of subjects. Users agree that they 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 rights 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. 5.6.7.IndiaAuction reserves the right but not the obligation to remove any material it deems objectionable. Users agree to hold harmless IndiaAuction and its affiliates and parties with whom IndiaAuction 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. 5.7.Interference with the Services 5.7.1.Users 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. Users 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. 5.8.Termination 5.8.1.Users agree that 'IndiaAuction.com', in its sole discretion, may terminate any aspect of user’s use of any of the Services immediately and without notice if 'IndiaAuction.com' believes: (a) that user has breached any provision of this User Agreement, or (b) that user has violated the rights of other users of the Services. Users agree to waive any rights, claims or causes of action against the IndiaAuction. 5.9.Taxes 5.9.1.Users 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. 5.10.Foreign Transactions 5.10.1.Participants are responsible for all customs declarations, taxes, duties, or other assessment that may be applicable to a sale or purchase by them. Users agree to indemnify and hold harmless the IndiaAuction 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. 5.11.No Resale OR Unauthorized Commercial use 5.11.1.This agreement, including all rights and obligations of users hereunder, shall not be assignable by users without the prior written consent of 'IndiaAuction.com'. Users also agree not to make any unauthorized commercial use of our services. 5.12.No Agency 5.12.1.Users agree that neither this agreement nor their 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. 6.Disclaimers of warranties, limitations of liabilities & indemnification: 6.1.Disclaimer of warranties: 6.1.1.The services and the website, including all assets listed for sale, content, functions, materials, services and information made available on or accessed through the services or the website, are provided on an "as is", "where is", "as available" and on “No Complaint” basis "with all faults" and without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. 6.1.2.IndiaAuction does not warrant that the services or the functions, features or content contained made available on or accessed through services or the website, including without limitation any third-party software, products or other materials used in connection with the services or the website, will be timely, secure, uninterrupted or error free, or that defects will be corrected. 6.1.3.IndiaAuction makes no warranty that the website or the services will meet users' requirements and towards the accuracy, completeness or reliability of any information obtained through use of this site. 6.1.4.IndiaAuction expressly disclaims any representations, warranties or guarantees that any asset listed for sale through the services or the website will be sold. 6.1.5.If user is dissatisfied with the services or the website, user's sole remedy is to discontinue using the services and the website. 6.1.6.IndiaAuction makes no representations or warranties regarding any goods or services purchased or obtained through the services or the website or any transactions entered into through the services of the website. 6.1.7.No advice or information, whether oral or written, obtained by user from IndiaAuction or through the services or the website shall create any warranty not expressly made in the agreement. 6.1.8.IndiaAuction disclaims any warranty or representation that confidentiality of information transmitted through the site will be maintained. 6.1.9.IndiaAuction expressly disclaims any responsibility for any misrepresentations or breaches committed by any user. 6.1.10.Users expressly agree that use of this site, including all content, data download or accessed from through the site, is at their sole risk. Users understand and agree that they will be solely responsible for any damage to their business, computer system or loss of data that results from the download of such content, data and / or software from the site. 6.2.Limitation of liability: 6.2.1.In no event shall IndiaAuction be liable for any damages that are directly or indirectly related to the use of, or the inability to use, the services, the website or the content, materials and functions related thereto, including without limitation, special, indirect, incidental, consequential or punitive damages, loss of revenue or anticipated profits or lost business, lost goodwill, or lost sales, even if such party shall have been informed of the possibility of such damages or could have foreseen such damages. In no event shall the total liability of IndiaAuction to a user for all damages, losses, claims and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this agreement or the use of the services or the website exceed, in the aggregate, Rs. 1,000/- (Rupees One Thousand Only) or, in the case of an asset purchase, the amount actually paid for the asset in question. 6.2.2.The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy. 6.3.Indemnification: 6.3.1.User will defend, indemnify and hold harmless IndiaAuction, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to: (1) the use of the Services or the Website by User, (2) any breach or violation of these Terms and Conditions by User and (3) any breach of any of User's representations, warranties and covenants. Furthermore, users agree to co-operate as fully as reasonably required in the defense of any claim. IndiaAuction reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification 7.Notices: 7.1.To IndiaAuction: To be valid, notices must be sent by e-mail to customerservice@indiaauction.com AND also by UCP/ Registered/ Speed Post AD to IndiaAuction.com Pvt. Ltd, # 307-A, Best Commercial Complex, Opp. Andheri Rly Stn (W), Mumbai 400 058 MUMBAI or to such other address as may be designated from time to time. 7.2.To Users: Notices to User will be sent by email at the email address reflected in User's registration information. 7.3.Notices to User shall be deemed to have been received 24 hours after the email is sent. 7.4.Notices to IndiaAuction shall be deemed to have been given three days after the date of mailing by UCP/ Registered/ Speed Post AD. 8.Waiver. The failure of IndiaAuction to exercise or enforce any right or provision of this Agreement will not be deemed to be a waiver of such right or provision. 9.Trademarks IndiaAuction.com™ and the logos of IndiaAuction.com are registered trademarks of Best MULYANKAN Consultants Ltd. No display or use of such marks may be made without the express written permission of IndiaAuction.com Pvt. Ltd.
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