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Auction : Terms & Conditions
eMallFront > Auction > Terms & Conditions


Terms & Conditions

Use of the Auction Module on the website www.esiliconworld.com (the Site) is governed by these terms and conditions and constitutes binding obligations towards Silicon Interfaces Pvt. Ltd., the owner of the Site. These may be amended at any time by posting the amended terms on the Site. All amended terms shall automatically become effective immediately after they are published on the Site and any subsequent use of the Site shall be governed by such amended terms.

You are advised to regularly check the Terms and Conditions for any amendments or updates. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Term/Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.


 Membership 
Use of the Auction module on 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, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.


 Account/Registration Obligations 
Users are responsible for maintaining the confidentiality of their accounts-passwords. Users agree to accept responsibility for all activities that occur under their accounts-passwords.
Users agree to -
(a) Provide true, accurate, current and complete information about self as prompted by our registration form.
(b) Contact details such as email addresses etc must not be included in the Username.
(c) Maintain and promptly update the Registration Data to always keep it true, accurate, current and complete. Information that is untrue, inaccurate, not current or incomplete or there’s reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, the Site has the right to indefinitely suspend or terminate the membership and refuse to provide access to the Site.


 Electronic Communications 
Users mostly communicate to us electronically. Users consent to receive communications from us electronically as well. We will communicate with Users by e-mail or by posting notices on the Site. Users agree that all agreements, notices, disclosures and other communications that we provide electronically will satisfy any legal requirement that such communications be in writing.


 Fees for services 
The Site does not charge any fee for browsing, bidding and buying on the Auction module on Site.


 Use of the Site 
Users agree, undertake and confirm that their use of the Site shall be strictly governed by the following binding principles:
(a) "User Information" is defined as any information an User provide to us or other Users of the Site ("Users") in the registration, bidding, buying or listing process, in the feedback area or through any e-mail feature. Users are solely responsible for these informations and we act as a passive conduit for the online distribution and publication of User Information.
(b) User Information (or listed items):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) 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.


 Limitation of items for auction 
Transactions of the following are never permitted for an auction on the Site -
a. "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
b. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act)
c. Weapons of any description.
d. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
e. Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
f. "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act");
g. Obscene or pornographic stuffs;
h. Any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
i. Items those may create liability for the Site or cause the Site to lose (in whole or in part) the services of the ISPs or other suppliers;
j. Items, goods or services those are prohibited under the Terms and Conditions; are concurrently listed for sale on a web site other than the Site and/or the User does not have a right to sell.

Users represent and confirm that they are the sole and exclusive legal owner of all items, goods or products of any description that they wish to offer for an auction on the Site. Users will have complete right title and authority to deal in and offer for sale of such items, goods or products.

In the event that any transaction or attempted transaction relating to any item, good or service is violative of these terms and conditions and it comes to the knowledge of the User, steps are to be taken to inform the Site of the same.

The Site may be contacted at <webmaster@esiliconworld.com>.

Users will not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Site.

Users will comply with all applicable Domestic (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, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding the use of our service and bidding, listing, purchase, solicitation of offers to purchase, and sale of items. Users will not engage in any transaction in an item which is prohibited by the provisions of any applicable exchange control laws or regulations for the time being in force. In particular Users will ensure that if any of the items listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), such Artwork has to be indicated as "non-exportable" and it is to be ensured that it is not delivered to a Winner located at a place outside India.

Users cannot exaggerate or over emphasise the attributes of the items so as to mislead other Users in any manner.

Potential adult material/mature audience items may be found being displayed on the site. Such material or items are to be viewed/sold/bought/bid on by adults aged 18 years or older only. If a visitor is not 18 years of age (or above), they cannot view/sell/buy/bid on such material/items. If not qualified in terms of age limit, please do not use our services.

You acknowledge that the Site will not be responsible for any liability arising from your default in complying with these provisions.


 Platform for Communication 
The Site is just a place where Users may meet and interact with one another for their transactions. The site cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
(a) ) we are not responsible for any non-performance or breach of any contract entered into between Users. We cannot and do not guarantee that the concerned Users will perform any transaction concluded on the Site. We shall not and will not mediate or resolve any dispute or disagreement between Users.
(b) We do 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 purchased on the Site. In particular, we do not implicitly or explicitly support or endorse the sale or purchase of any items on the Site. we accept no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) We do not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of the 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 judgment in that behalf.
(d) The Site is a channel whereby Users can reach a larger base to buy and sell items. We are nly providing a platform for communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Auctioneer and the Winner. At no time shall any right, title or interest over the items vest with us. We shall not have any obligations or liabilities in respect of such contract. We are not responsible for damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable.
(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 esiliconworld.com 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 Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, we 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.


 Breach 
Without limiting other remedies, we may immediately issue a warning, temporarily/indefinitely suspend or terminate your membership and refuse to provide you with access to the Site:
(a) if you breach the Terms and Conditions or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide; or
(c) if it is believed that your actions may cause legal liability for you, other Users or us.
We may at any time at our sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with us or use the Site in any manner whatsoever until such time that such User is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, we reserve the right to recover any dues owed by you to us and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.


 Bidding and Buying 
All bids (under the Auction format) on the Site are a firm commitment to purchase. If you are the highest bidder for any item and your bid is accepted by the auctioneer, you are obligated to complete the transaction with the auctioneer. 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 so long as those conditions of sale are not in violation of the Terms and Conditions or unlawful.
If the retail prices of the items being sold are not specified, you are advised to independently verify the retail prices of such items if you so desire.
We strongly advise you not to test the site with false bids/purchases, as it will put you at substantial 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 esiliconworld.com.
We strongly advise you not to test the site with false bids/purchases, as it will put you at substantial 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 esiliconworld.com.
As a Winner you should contact the seller within 30 days of auction closing successfully.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Site 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.


 Auction Expiry 
It’s upto the Auctioneer to keep track of "expired" auctions. The record stays in our database for 30 days after the expiry.


 No Warranty 
The Site and services are offered "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. You expressly agree that your use of the Site is at your sole risk.


 Limitation of Liability 
In no event shall we 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 Site, its services or this agreement (however arising, including negligence).
We, our associates and partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of
(i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
(ii) any interruption or errors in the operation of the Site.
You expressly understand and agree that we’ll 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.


 Indemnity 
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.


 Relationship 
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and esiliconworld.com and you shall have no authority to bind esiliconworld.com in any manner whatsoever.


 Arbitration 
If any dispute arises between you and us during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by us. The place of arbitration shall be Mumbai. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.


 Governing Law 
The Terms and Conditions shall be governed and construed in accordance with the laws of India.