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Membership Eligibility
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Fees and Services
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Use of the site
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Platform
for communication
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Breach
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Bidding and Buying
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Priority in Bidding
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Selling
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Auction Close
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No Warranty
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Liability Limit
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Relationship
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Arbitration
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Governing Law
These are the terms and conditions
governing your use of the website www.Indiabook.com (hereinafter referred
to as "the Site") and constitutes your binding obligations towards Indiabook.com,
(hereinafter referred to as Indiabook) the owner of the site. Indiabook may amend
this Agreement at any time by posting the amended terms on the Site. All
amended terms shall automatically become 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 29th March 2000.
You are advised to regularly check these terms and conditions for any amendments
or updates.
1.
Membership Eligibility.
Use of the Site is available
only to persons who can form legally binding contracts under applicable
law. Persons who are "incompetent to contract" within the meaning of the
Indian Contract Act, 1871 including minors, undischarged insolvents etc.
are not eligible to use the Site.
2.
Fees and Services.
Indiabook does not charge any fees
for the use of the Site, including for conducting any sale or purchase
transactions on the Site. However, Indiabook reserve the right to charge such
fees at prescribed rates in the future for the use of all or any part of
the services offered by it on the Site. Unless otherwise stated, all fees
shall be quoted in Indian Rupees. You are responsible for paying all fees
associated with the use of the Site and shall bear all applicable taxes,
charges, cesses etc. levied thereon.
3.
Use of the Site
You agree, undertake and confirm
that your use of the Site shall be strictly governed by the following binding
principles :
(a) You 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.
(b) You represent and confirm
that you shall be the sole and exclusive legal owner of all items that
you wish to offer for sale on the Site. You shall have complete right title
and authority to deal in and offer for sale such items, goods Services
or products.
Your offer for transacting
or transacting in any of the items, goods or products shall not amount
to a violation or infringement of any other persons legal rights, including
intellectual property rights.
(c) In the event that any
transaction or attempted transaction which is violative of these terms
and conditions comes to your knowledge, you shall take all steps to inform
Indiabook of the same. You may contact Indiabook at domain@indiabook.com.
(d) You shall not, either
alone or in conjunction with other users, manipulate or attempt to manipulate
the prices of any item being sold or purchase on the Site.
(e) You shall not engage
in any transaction which is prohibited by the provisions of any applicable
exchange control laws or regulations for the time being in force.
(f) From time to time, you
shall be responsible for providing information relating to the items 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 emphasise
the attributes of such items so as to mislead other users in any manner.
4.
Indiabook is only a Platform for communication
4.1 The Site is only a venue
where users may meet and interact with one another for their transactions.
Indiabook is not and cannot be a party to or control in any manner any transaction
between two users of the Site. Consequently :
(a) Indiabook is not responsible
for any non-performance or breach of any contract entered into between
users. Indiabook cannot and does not guarantee that any transaction concluded
on the Site will be preformed by the concerned users. Indiabook shall not
and is not required to mediate or resolve any dispute or disagreement between
users.
(b) Indiabook does not make
any representation or warrantee as to the attributes (such quality, worth,
marketability, etc.) of the items proposed to be sold or purchased on the
Site. In particular, Indiabook does not implicitly or explicitly support or
endorse the sale or purchase of any items on the Site. Indiabook accepts no
liability for any errors or omissions, whether on behalf of itself or third
parties.
(c) Indiabook does not make
any representation or warrantee 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 Site and use your best judgement in that behalf.
(d) Indiabook is not responsible
for damages or delays as a result of products which are out of stock, back
ordered or otherwise unavailable. All products are offered only for a restricted
time and only for the available supply.
(e) You shall independently
agree upon the manner and terms and conditions of delivery, insurance etc.
with the other registered users that you transact with.
(f) You release and indemnify
Indiabook and/or any of its team and representatives from any cost, damage,
liability or other consequence of any of the actions of the users of the
Site and specifically waive any claims that you may have in this behalf
under any applicable law.
4.2 Notwithstanding its reasonable
efforts in that behalf, Indiabook cannot control the information provided
by other users which is made available on the Site. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using
the Site. Please note that there are also risks of dealing with foreign
nationals, underage persons or people acting under false pretense.
5. Breach
Without limiting other remedies,
Indiabook may immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide you with access
to the Site:
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If you breach this Agreement
or the documents it incorporates by reference.
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If Indiabook is unable to verify
or authenticate any information you provide for.
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if it is believed that your
actions may cause legal liability for you, other users or Indiabook.
6.
Bidding/Buying
All bids on the Site are a firm
commitment to purchase. If you are the highest bidder at the end of an
auction (meeting the applicable minimum bid or reserve requirements) and
your bid is accepted by the seller, you are obligated to complete the transaction
with the seller. Bids may be increased in price or volume later but may
not be withdrawn. Bids cannot be cancelled.
By bidding on an item you
agree to be bound by the conditions of sale included in the item's description
(or linked to from the description) so long as those conditions of sale
are not in violation of this Agreement or unlawful. In case of consumer
goods, sellers on the Site 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.
Indiabook strongly advises you
not to test the auction process with false bids, as it will put you at
substantial personal legal risk. It is a crime to use a false name, other
false personal information or a known invalid credit card to bid. Willfully
entering erroneous or fictitious bids may result in prosecution by Indiabook.
Please be aware that even
if you do not give Indiabook your real name, your Web browser transmits a
unique address to us, which can be used by law enforcement officials to
identify you.
7.
Priority in Bidding
In order to qualify and be identified as a successful bid, the following priority parameters will be followed
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Price : The higher price bids always supercedes the lower price bids;
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Quantity : Between bids of the
same price, the bid for the higher quantity shall supercede
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Time : Between bids of the same price and for the same quantity, the bid which was placed prior in point
of time shall supercede.
Indiabook'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.
8.
Selling
As a registered member, you
may list item/s for sale on the Site. Listings may only include text descriptions,
graphics and pictures you supply to the Site that describe your item for
sale (or as appropriate, for which are soliciting offers to buy). All listed
items must be listed in an appropriate category on the Site. If you receive
at least one bid at or above your stated minimum price (or in the case
of reserve auctions, at or above the reserve price), you are obligated
to complete the transaction with the highest bidder upon the auction's
completion, unless there is an exceptional circumstance, such as:
(a) The buyer fails to meet
the terms of your listing (such as payment method), or
(b) You cannot authenticate
the buyer's identity. Without limiting any other remedies, Indiabook may suspend
or terminate your account if you are found to have engaged in fraudulent
activity in connection with our site. Indiabook reserves the right to postpone
or cancel a sale, with no obligation to the intended bidders.
9.
Auction Close
A Normal auction is considered
closed when the Auction End date is reached. A Reserve Auction is considered
closed, if the Reserve Price as defined by the seller is met or the Auction
End date is reached, whichever is earlier. In the event that a reserve
price is met or the auction is expired, the seller and the buyer need to
be in touch to facilitate fulfillment.
Immediately after the auction
is closed an email is sent to both parties identifying each other's contact
information (phone number if allowed by them when bidding/selling).
After 48 hours from auction
close the FIRST reminder email is sent to both bidder and seller to indicate
whether fulfillment has been completed. Included is a URL to a password-protected
page that enables this to be done. On completion they are encouraged to
give feedback for which they receive further loyalty points. In case this
is not done within the next 48 hours, then the following process begins.
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A reminder email is sent - reminder 2, with the URL of the password protected page.
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In case its still not done in the next 24 hours, then another email is sent to both - reminder 3, and
the seller is given the option to contact the reserve bidder.
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The process is repeated with
the reserve bidder. The seller will not be provided with the reserve bidder
contact info, till he provides the reason for the auction not reaching
fulfillment.
10.
No Warranty.
Indiabook and its suppliers provide the site and services "As Is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
11.
Liability Limit
In no event shall Indiabook or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the site, its services or this agreement (However arising, including negligence).
Indiabook'S liability, and the liability of its suppliers, in any circumstance is limited to the amount of fees, if any, paid by you to Indiabook.com.
12. Miscellaneous
12.1
Relationship
None of the provisions of these terms and conditions shall be deemed to constitute a partnership or agency
between you and Indiabook and you shall have no authority to bind Indiabook in
any manner whatsoever.
12.2
Arbitration
If any dispute arises between
you and Indiabook during your use of the Site or thereafter, in connection
with the validity, interpretation, implementation or alleged breach of
any provision of these terms and conditions, the dispute shall be referred
to a sole Arbitrator who shall be an independent and neutral third party
identified by Indiabook.
The place of arbitration
shall be Chandigarh. The arbitration proceeding shall be governed by the
Indian Arbitration & Conciliation Act, 1996. The arbitration proceedings
shall be in the English language.
12.3
Governing Law
These terms and conditions shall
be governed and construed in accordance with the laws of India.
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