This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of Chawla Info Media Pvt. Ltd. website.
1. USER AGREEMENT
- Your use of a Chawla Info Media Pvt. Ltd. website {including www.easobuy.com) (hereinafter referred to as "the Website") and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles for other EASOBUY websites of our subsidiaries and affiliates. This User Agreement for the Website shall come into as soon as you check radio button next to "I accept the Terms and Conditions". If you reside in India, you are contracting with EASOBUY (Chawla Info Media Pvt. Ltd.), a company incorporated under Companies Act, 1956 with registered office at A - 29, Mangolpuri Industrial Area, Phase - II, New Delhi - 110083, India.
- For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email address.
- As a new Registered User / Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘Check box’ next to “I Accept Terms and Conditions” and on the ‘continue button’ as provided on the registration page or clicking on ‘Buy Now’ button while transacting as any other User or such other actions that implies your acceptance.. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and EASOBUY Rules and Policies , please do not click on the "Check box " and on the “Continue” button or “Buy Now” button and do not seek to obtain access to or otherwise use the Website.
- This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by You under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
- This agreement applies to all EASOBUY services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
- Amendments: EASOBUY may amend this User Agreement and/or EASOBUY Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via EASOBUY Website’s Announcement Board (hereinafter referred to as an “AB Post”). The revised version will be effective at the time EASOBUY posts it on the Website / AB Post. In addition, if the revised version of this User Agreement includes a Substantial Change, EASOBUY will provide you with 30 days' prior notice of such Substantial Change/s by an AB Post or as per the Notification Preferences provided by You to EASOBUY. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in EASOBUY Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
- By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by EASOBUY Privacy Policy as provided from time to time in the following hyperlinks:
a) www.easobuy.com/privacypolicy
- Please note: various underlined words and phrases are hyperlinked to various rules and polices on the Website. By accepting this User Agreement, you also agree that your use of EASOBUY website by the user agreement, privacy policy and other rules and policies posted on those websites.
2. INTELLECTUAL PROPERTY RIGHTS
- EASOBUY is the sole owner or lawful licensee of all the rights to the website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with EASOBUY, its affiliates or licensor's of EASOBUY content, as the case may be.
- EASOBUY is the sole owner or lawful licensee of all the rights to the website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with EASOBUY, its affiliates or licensor's of EASOBUY content, as the case may be.
- All rights, not otherwise claimed under this agreement or by EASOBUY, are hereby reserved. The information contained in this website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. EASOBUY does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall EASOBUY be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
- The information presented here has been compiled from publicly aired and published sources. EASOBUY respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. EASOBUY reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
- Trademark : EASOBUY, Chawla Info Media Pvt. Ltd. and related icons and logos are registered trademarks or trademarks or service marks of EASOBUY in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- Copyright: All content on this website is the copyright of EASOBUY except the third party content and link to third party web site on our website. The user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the website (the " EASOBUY content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with EASOBUY, or otherwise commercially exploiting the EASOBUY content. Systematic retrieval of EASOBUY content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from EASOBUY is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and shall invite legal action. As a condition of your access to and use of EASOBUY services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. EASOBUY reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the EASOBUY service, or if EASOBUY believes that user(s) conduct is harmful to the interests of EASOBUY, its affiliates, or other users, or for any other reason in EASOBUY 's sole discretion, with or without cause.
- URL's/Sub-Domain: URL's/Sub-Domain Names assigned by EASOBUY to its users is the exclusive property of EASOBUY and it cannot be assumed to be permanent in any case. EASOBUY reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, EASOBUY WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
3. LINKS TO THIRD PARTY SITES
- Links to third party sites are provided by EASOBUY as a convenience to user(s) and EASOBUY does not have any control over such sites i.e. content and resources provided by them.
- EASOBUY may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. EASOBUY believes that user(s) acknowledge that EASOBUY has no control over such third party's site, does not monitor such sites, and EASOBUY shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
4. MEMBERSHIP ELIGIBILITY
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. EASOBUY reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to EASOBUY notice or if it is discovered that you are under the age of 18 years.
- Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
- Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.
5. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
- If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to:
- Provide true, accurate, current and complete information about yourself as prompted by EASOBUY's registration form or provided by You as Guest User (such information being the "Registration Data")
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or EASOBUY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, EASOBUY has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
6. ELECTRONIC COMMUNICATIONS
- When You use the Website or send emails or other data, information or communication to EASOBUY, You agree and understand that You are communicating with EASOBUY through electronic records and You consent to receive communications via electronic records from EASOBUY periodically and as and when required EASOBUY will communicate with You by email or by an AB Post notice or electronic records on the EASOBUY Website which will be deemed adequate service of notice / electronic record.
7. FEES AND SERVICES
- Membership on the Website is free. EASOBUY does not charge any fee for browsing, bidding and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy which is hereby incorporated by reference into this agreement. EASOBUY reserves the right to change its Fee and Credit policies from time to time. In particular, EASOBUY may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event EASOBUY reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Chawla Info Media Private Limited within such time as specified in the invoice. If You select to receive invoice in a currency other than Indian Rupees, You will receive all invoices from EASOBUY, Chawla Info Media Private Limited in the currency as selected by you. You shall make the payments of these invoices in the name of Chawla Info Media Private Limited. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Chawla Info Media Private Limited. Your payment to EASOBUY (Chawla Info Media Private Limited) with full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards EASOBUY, Chawla Info Media Private Limited regarding payments under these invoices.
- Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
- Non-payment: EASOBUY reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to EASOBUY. EASOBUY also reserves the right to take legal action in case of non-payment of fees by you to EASOBUY.
8. USE OF THE WEBSITE
- You understand and agree that EASOBUY and the Website merely provides hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. EASOBUY neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. EASOBUY has no control over the third party user generated contents.
- You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- "Your Information" is defined as any information you provide to EASOBUY or other users of the Website ("Users") in the registration (as Registered User or as Guest User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
- Your Information (or any items listed): The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
- You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
(c) harm minors in any way;
(d) infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violate any law for the time being in force;
(f) deceive or mislead the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation.
(j)shall not be false, inaccurate or misleading;
(k)shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in 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. Without prejudice to the generality of the above, EASOBUY does not permit transactions in the following items including but not limited to categories as stated in the list of Prohibited Items Policy available at www.easobuy.com/prohibiteditems.
(l)shall not create liability for EASOBUY or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(m)shall not link directly or indirectly to or include descriptions of items, goods or services that:
- are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
- are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
- are concurrently listed for sale on a web site other than the Website;
- Solely to enable EASOBUY to use the information you supply EASOBUY with, so that EASOBUY are not violating any rights you might have in Your Information, you agree to grant EASOBUY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. EASOBUY will only use Your Information in accordance with the User Agreement and EASOBUY’s privacy policy.
- You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products
- In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform EASOBUY of the same. If you are a Registered User, you may contact EASOBUY at www.easobuy.com/contactus.
- You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website as per the applicable Bidding Policy enclosed and detailed in the following link (provide link) which is incorporated by way of reference in this Agreement.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside India.
- From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
- You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to EASOBUY as detailed in following link www.easobuy.com/upgrade and incorporated by way of reference in this Agreement.
9. WEBSITE ONLY A PLATFORM FOR COMMUNICATION
- The Website is only a venue where Users may meet and interact with one another for their transactions. EASOBUY is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
- All commercial / contractual terms are offered by and agreed to between buyers and sellers/service providers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. EASOBUY does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers/service providers.
- EASOBUY is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). EASOBUY cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. EASOBUY shall not and is not required to mediate or resolve any dispute or disagreement between Users.
- EASOBUY does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, EASOBUY does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. EASOBUY accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- EASOBUY does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
- EASOBUY does not at any point of time during any transaction between buyer and seller/service provider on Website come into or takes possession of any of the goods or services offered by the seller/service provider nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller/service provider to buyer.
- The Website is only a venue through which Users can reach a larger base to buy and sell items or services. EASOBUY is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller/Service Provider and the buyer.
- At no time shall any right, title or interest over the items vest with EASOBUY nor shall EASOBUY have any obligations or liabilities in respect of such contract. EASOBUY is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers/service providers are only for a restricted time and only for the available supply as offered by sellers/service providers.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
- You release and indemnify EASOBUY and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, EASOBUY cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
10. PRIVACY
- We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in New York that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at www.easobuy.com/privacy_policy. If you object to your Information being transferred or used in this way please do not use the Website.
- Your Consent: By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by EASOBUY in accordance with EASOBUY Privacy Policy.
11. PURCHASE VERIFICATION
- EASOBUY does not involve in any kind of financial transaction between the buyers and the seller/service providers. However, in order to assist the sellers/service providers on authenticity of that sale, the website has been integrated with a SMS gateway where the buyer is sent a verification code on their mobile phone at the time of making a purchase. The verification code is automatically generated from the backend and sent on the mobile phone of that buyer. Once that code is entered correctly in the verification code tab by the buyer then only the status of that transaction is shown as VERIFIED in the sellers/service providers control panel. This is only a mean to assist sellers/service providers registered with EASOBUY and EASOBUY does not hold any liability whatsoever if anything goes wrong in the transaction.
12. BREACH
- Without limiting other remedies, EASOBUY may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If you breach the User Agreement or Privacy Policy and Conditions or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;
- If EASOBUY is unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other Users or EASOBUY. EASOBUY may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with EASOBUY or use the Website in any manner whatsoever until such time that such User is reinstated by EASOBUY. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, EASOBUY reserves the right to recover any amounts due and owing by you to EASOBUY and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
13. BIDDING AND BUYING
- The websites provides for a reverse bidding process where the sellers/service providers bid for the lowest price they can offer for their products. All bids (under the Auction format) and all purchases (under the Sell It Now format) on the Website are a firm commitment to sell. If you are the seller/lowest bidder for any item and your offer/ bid is accepted by the buyer ("Winning seller"), you are obligated to complete the transaction with the buyer.
- Bids cannot be canceled. By selling/bidding on an item you agree to be bound by the conditions of sale/purchase included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
(Note: In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.)
- EASOBUY strongly advises you not to test the site with false bids/purchases/sales, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card / payment, oxicash/ zipcash and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Willfully entering erroneous or fictitious bids may result in prosecution by EASOBUY.
- As a Winning seller you must contact the buyer within 72 hours of auction closing successfully. Failure to do the same shall make such seller liable for any consequential liquidated damages.
- Please be aware that even if you do not give EASOBUY your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer/seller on the Website we encourage you to post feedback on the seller/buyer respectively after the auction is closed.
- In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
14. PRIORITY IN BIDDING
- In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
- Price: The lower price bids shall always supersede the higher price bids;
- Quantity: Between bids of the same price, the bid for the lower quantity shall supersede;
- Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede. EASOBUY's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.
15. BUYER PROTECTION FOR TRANSACTIONS
- We may require sellers/service providers to comply with resolution process under the EASOBUY Buyer Protection Policy. Sellers/service providers hereby permit EASOBUY to make a final decision, at its sole discretion, on any claim that a buyer files with EASOBUY under the EASOBUY Buyer Protection Policy if the buyer and seller do not reach resolution, and the seller does not provide information requested by EASOBUY. If a dispute is resolved in the buyer's favor, the buyer will be granted a refund for the cost of the item and the original shipping as described in the applicable EASOBUY Buyer Protection Policy, EASOBUY reserves the right to require a seller to reimburse EASOBUY for such refund. Sellers/service providers must have a reimbursement method on file with EASOBUY. EASOBUY reserves the rights to at its sole discretion to recover the refund from the seller and/or apply certain restrictions or suspension of seller privileges for the seller’s transactions on the Website or other EASOBUY sites.
16. FEEDBACK
- We encourage registered buyers and sellers/service providers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. EASOBUY will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
- You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, EASOBUY reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.
- Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by EASOBUY, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.
- Import - We do not provide the technical ability to allow you to import feedback from other websites to EASOBUY because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
17. LIMITATION OF LIABILITY
- In no event shall EASOBUY be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
- EASOBUY's liability in any circumstance is limited to the amount of fees, if any, paid by you to EASOBUY. EASOBUY, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, EASOBUY assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which are incorporated by way of reference in this Agreement.
- Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EASOBUY has been advised of the possibility of such damages).
18. INDEMNITY
- You shall indemnify and hold harmless EASOBUY and (as applicable) EASOBUY’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, EASOBUY Rules and Policies, Pay User Agreement, Pay Seller Terms and Conditions and Pay Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
19. GENERAL
- None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and EASOBUY and you shall have no authority to bind EASOBUY in any manner whatsoever.
- Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of EASOBUY to at Chawla Info Media Pvt. Ltd., A – 29 Mangolpuri Industrial Area, Phase – II, New Delhi – 110083, India (in the case of EASOBUY) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
- This Agreement sets forth the entire understanding and agreement between You and EASOBUY with respect to the subject matter hereof.
- In EASOBUY’s sole discretion, EASOBUY may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that EASOBUY assigns the Agreement on the same terms or terms that are no less advantageous to You.
20. GRIEVANCE OFFICER
- In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.
21. ARBITRATION
- If any dispute arises between you and EASOBUY during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by EASOBUY. The place of arbitration shall be Chawla Info Media Private Limited, A – 29 Mangolpuri Industrial Area, Phase – II, New Delhi – 110083, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
22. GOVERNING LAW
- The User Agreement and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. |