Banksonlineauction.com is a web portal provides an online auction platform, a virtual marketplace for buyer/sellers to conduct and participate in auction of movable and immovable properties and/ or assets (Hereinafter referred to as “Web Portal”). This Web Portal also displays information about offline auctions and auction notices. The web portal is owned by Vaishali Shah and service provider is M/s Suvidhi Sales Corporation (herein after referred to as “Owner” and/or “Service Provider”). By using/accessing this web portal, you bind yourself into agreement that contains terms and conditions hereinafter as well as all the terms and conditions mentioned on the Web Portal, bid form and bid document for specific e-auction event/s.
By using/accessing this web portal, you agree that you have read all terms and conditions mentioned on this web portal and accept the same, without limitation or qualification. If you do not accept the terms and conditions mentioned on this web portal, do not use this web portal and/or service.
Agreement:
This is an agreement/contract between you and the owner as well as the service provider of banksonlineauction.com. This agreement/contract comes into effect from the date when you start using/accessing/browsing banksonlineauction.com. It shall continue until terminated by us without expressly providing the reason for the same. You need to provide the written notice for termination of the agreement.
The agreement constitute the general terms and conditions mentioned hereinafter as well as all the additional terms and conditions specific to auction event mentioned on this web portal (You can access the specific terms and conditions by clicking the link/s given on the webpage/s of this web portal).
Definitions:
User/You:
All the individual and/or entities accessing/using/browsing this web portal for any purpose.
Bidder:
Any individual and/or entity who places a bid on this web portal either in part or in full is considered as bidder. All the bidders have to register with banksonlineauction.com.
Seller:
Seller referred to in this agreement as any individual or legal entity who wishes to sell his/her/its assets through internet driven e-auctions on this web portal and who has given mandate/contract to banksonlineauction.com to provide the online platform for conducting online auction event and other related support services.
Changes to Agreement/Web Portal/Services and Terms and conditions
The terms and conditions of this agreement can be changed from time to time and without any further notice. The owner reserves the right to modify, amend, suspend or discontinue any aspect of the services or the web portal at any time without notice. Your continued use of this web portal after any such changes constitutes your acceptance of the new terms and conditions and/or amendments. If you do not agree to abide by these changes, do not use this web portal. You are advised to regularly check these terms and conditions and/or amendments or updates.
Owner and/or Service Provider may terminate, change, suspend or discontinue any aspect of the web portal including the availability of the features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties on or from this web portal. Owner may impose limits on certain features and services or restrict your access to any or all of the parts of this web portal without notice or liability.
Termination:
Owner may terminate your use of the web portal at any time in its sole discretion. In case of service cancellation, your right to use the service ceases right away. Once the service is cancelled or suspended or over, any data/content related to said services may not be retrieved later.
In the event of a breach of these terms and conditions mentioned on the web portal the owner reserves the right to immediately terminate the user access to the web portal and services and claim damages arising from the breach.
These terms apply exclusively to your access to use of the web portal and do not alter the terms and conditions of any other agreement you may have with the owner.
Force Majeure
The owner and/or Service Provider shall not be liable for any interruption, failure or delay in access to the site or performance due to any cause beyond its control including act of God, epidemics, break down of machinery, natural calamity, adverse weather or climatic conditions, fire, strike, lock-out, closure, theft, go-slow, dislocation of normal working conditions, internet or network non-availability, technical faults and/or errors, accident, war, riots, civil commotion, political upheaval or any other reason or conditions beyond the control of the owner/Service Provider.
Applicable Laws
This agreement is governed in accordance with the laws of the Union of India. Users hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pune, Maharashtra, India in all disputes arising out of or relating to the use of the services and the Web Portal.
Except for third party sites, this site is owned and operated from its offices located in India at Pune and in other states. Although this site may be accessed from any state, as well as from other countries, by accessing this site both you and the owner as well as service provider agree that the statutes and laws of India, without giving effect to any principles of conflicts of laws, shall apply to all matters relating to use of this site. Furthermore, you and the owner as well as service provider agree and hereby submit to the exclusive personal jurisdiction and various courts of Pune.
Indian Law will govern the agreement. The Indian courts will have exclusive jurisdiction over any disputes arising under this agreement.
International Usage
This site is controlled, operated and administered by owner from its office in India. Owner makes no representation that materials at this site are appropriate or available for use at location outside India, and your access to this site from territories where its contents may be illegal is prohibited.
Validity
These terms constitutes the entire agreement between you and owner as well as service provider governing your use of the site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the site must be filed within one month after it arose or be permanently barred.
Participation and Bidding on Web Portal
Participation and bidding in the auctions on the Web Portal shall be treated as conclusive evidence of the fact that the Bidder has inspected the assets and the related documents pertaining to the auction, and is satisfied in all respects regarding the quality, quantity, condition of the assets, taxes and duties, and other extraneous factors and the Principle of Caveat Emptor (let the Bidder beware) will apply. It shall also imply that the Bidder has carefully gone through the terms and conditions, including amendments, if any, prevailing at the time of the auction. No objections or complaints will be entertained once the bid is placed. The owner and Service Provider take no responsibility of the quality, quantity, documentation details of Buyers/Sellers.
All assets sold/bought on the Web Portal are on “AS IS WHERE IS BASIS” and “NO COMPLAINT BASIS”.
The highest Bidder does not get any right to demand acceptance of his bid/offer. Seller/Bank/s reserves the right to accept/reject/cancel any bid/offer, withdraw any portion of the assets at any stage from auction, even after acceptance of bid/offer, cancel/reject/issuance of delivery order/purchase order without assigning any reason thereof. In the event of such rejection, cancellation or withdrawal, the Seller/Bank/s or The Owner/Service Provider shall not be responsible for any damages/loss to the successful bidder on account of such rejection, cancellation or withdrawal.
All bids placed are legally valid bids and are to be considered as bids from the Bidder himself. Once the bid is placed, the Bidders cannot modify or withdraw the bid for whatever any reason. The highest and the latest bid on the auction shall supersede all the previous bids of the Bidder.
All bids are non-cancelable once submitted.
The Owner and/or the Service Provider is not responsible for bids not being processed or not being accepted due to technical difficulties.
It is a violation of law to make bids in a false name, even if initially such bids are accepted on the portal. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Please do not "test" our auction with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. It is a violation of law to attempt to defraud others by means of the Internet.
The owner and/or The Service Provider do not permit sharing of your user Id or password or both and in case password is shared by the bidder or in case the password is misused/stolen; the owner and/or The Service Provider of the web portal will not be responsible for any such invalid use of the user Id/password on our web portal.
www.banksonlineauction.com does not allow or permit any part of the site being cached in proxy servers and accessed by individuals/entities who have not registered with www.banksonlineauction.com as user of the site.
Time Extension:
If any market-leading bid (bid higher than the highest at the point in time) is received in the last three minutes of closing time, the closing time will be extended automatically by three minutes. Please note, Time Extension as mentioned in the bidding room will apply and three minutes is only an example. No. of auto extension and extension minutes may change auction to auction.
Auto Bid:
Auto Bid facility is provided for bidders intending to place a maximum value for a lot/lots/property under auction on our web portal.
Auto Bid is not a confirmed bid. It is only the maximum ceiling amount set by the bidder to enable the auction engine to place bids on his behalf, whenever he is outbid, up to the ceiling amount set by him.
Once an Auto Bid is set, the auction engine will consider the ceiling amount for the next possible bid only, depending on the highest bid prevailing at that point of time and the increment amount prescribed for that particular lot/property.
Bidders may please note that in the event of a manual bid amount matching that of an Auto Bid, the manual bid will prevail and be considered.
Specific Terms and Conditions
www.banksonlineauction.com functions exclusively as an information intermediary between buyers and sellers of property/ies/assets. As an intermediary the owner and the service provider of www.banksonlineauction.com makes no warranty, express or implied, for any of the listed assets merchantability and /or fitness and / or quality for a particular purpose.
All specifications and descriptions quoted herein are representation of those supplied by the vendors and the owner and the service provider of www.banksonlineauction.com accepts no responsibility for any errors or omissions.
www.banksonlineauction.com is only an e-commerce service provider platform, and is not and cannot be a party to or control in any manner any transactions between the Seller and the Bidder.
Indemnity
You agree to defend, indemnify and hold harmless the owner and the service provider, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use/exposure of www.banksonlineauction.com by you.
DISCLAIMER
The web portal www. banksonlineauction.com acts as the venue for seller to conduct auction and for bidders to bid on seller's assets. Normally, seller assures the sale and the buyer is bound to take the possession of the assets. If buyer fails to comply with any of the condition/s of the seller; his EMD is forfeited. The owner and the service provider 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 buy items.
The owner and the service provider of www. banksonlineauction.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. The owner and the service provider of www. banksonlineauction.com also reserves the right to block any/all bidders of the auction event before or during the auction event.
The owner and the service provider will not have any liability or obligation to the intended bidders as a result of any postponement, cancellation, or withdrawal of auction event due to whatsoever reason.
The owner and/or the service provider. 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.
The owner and/or the service provider is not responsible for e-mail transmission times or delays. On all issues relevant to technical parameters, the technical determinations of www. banksonlineauction.com’s servers will prevail over all others.
In no event shall The owner and the service provider be liable for any damages, whatsoever, and 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 Portal or the information contained in it, whether such damages arise in negligence or otherwise.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT THE OWNER AND THE SERVICE PROVIDER ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT SHALL THE OWNER AND THE SERVICE PROVIDER OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.banksonlineauction.COM., BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.banksonlineauction.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEB PORTAL.
The owner and the service provider of Banksonlieauction.com are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to you, users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with Banksonlieauction.com web portal and/or in connection with the Banksonlieauction.com service.
The owner and the service provider of banksonlineauction.com is not responsible for any technical/internet problem at the end of bidder/user and in case the bidder/user is not able to bid for the property due to said technical/internet problem on banksonlineauction.com web portal.
General Terms and Conditions
Any changes will be posted to our site www.banksonlineauction.com and it is your responsibility as a user to refer to the terms on accessing this service. Any changes made by us after the first posting will have to be accessed if you continue to access the Web Portal after that time.
The owner and the service provider shall have no liability to you for any interruption or delay in access to the site irrespective of the cause.
The owner and the service provider shall not have any liability for any changes at any time in terms and conditions/auction date/auction time/auction start price/reserve price and/or any other changes suggested by the bank/the authorised officer on whose behalf we are arranging the auction event/s. We are bound to follow the instructions given by the bankers or entities for which we shall provide the platform for e-auction of their property/ies and/or products.
The owner and the service provider of the web portal does not represent or warrant the description, accuracy, quality, quantity, measurement, representation, correctness, soundness, make, manufacture, model of the assets posted by sellers for auction.
The owner of the web portal is the sole arbiter as to the successful bidders and purchasers, and reserves the right to remove from bid items which are disputed, withdrawn by the seller, or fail to draw bids above the posted minimum bid.
The owner and the service provider reserve the right to reject or void bids, whether successful or not, that the owner and/or the service provider believe, in their sole discretion, not made in good faith, or which are restricted, taxed, or prohibited by law.
Each auction is conducted independently, and the sale formats, terms & conditions of the sale and minimum bids may change from auction to auction.
The owner and the service provider are the sole decision maker in the event of a dispute and accepts no liability for any or all errors or omissions.
The owner and the service provider run its business on the basis of a robust Web Portal. The web portal www.banksonlineauction.com is utilising outsourcing server space from a third party hosting company and hence shall ensure the smooth running in all good faith and intention. However, the owner and the service provider of www.banksonlineauction.com will not be held responsible for any failure of power, network, server, hosting server, Internet connectivity, ISP or otherwise at Bidder's end or at www.banksonlineauction.comdirectly or indirectly affecting online method of bidding.
Liability
The Bidder agrees to limit the liability of the owner and/or service provider to them for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs, so that the total aggregate liability of the owner and the service provider to the Seller/Bidder shall not exceed it's total fee receivable from the Seller/Bidder. It is intended that this limitation apply to any and all liability or clause of action however alleged or arising, unless otherwise prohibited by law.
Waiver
You agree that neither Owner nor the service provider, its employees or agents, shall in any event be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of, resulting from, or related to:
- Any use or any inability to use the services
- Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or message received or transactions entered into through or from the services.-
- Unauthorized access to or alteration of your transmission or data.
- Participant - to - participant disputes, or
- Other matter relating to services.
This waiver shall include, but not be limited to, damages for loss of profit, data, or other intangible assets, even if the owner and/or service provider has been advised of the possibility of such damages. You agree that neither the owner nor the service provider, its employees or agents, shall in any event be liable to you or any one, for the statements or conduct of any third party on the services, including specifically any feedback placed on the web portal.
User’s conduct and other conditions
You agree to provide proper identification documents as required by the owner of the web portal/Service Provider/ bank / seller.
User shall be responsible for obtaining and maintaining all telephone, E-mail ID, computer hardware, software and other equipment needed for access to and use of www.banksonlineauction.comand all charges related thereto.
You agree not to make any unauthorized commercial use of Web Portal/services of www.banksonlineauction.com
You should compliance with all applicable laws, status, ordinance and regulations concerning your participation in, or use of, the services in any capacity, including but not limited to bidding, listing or purchasing items.
You are responsible for paying all applicable taxes (including, but not limited to, sales tax, excise duty, custom duty, and octroi, regardless of whether these taxes are included in any payment to the owner/Service Provider. You agree to hold the Owner/Service Provider harmless for any taxes and liabilities that arise out of India.
By registering with www.banksonlineauction.com, you grant to www.banksonlineauction.coma non-exclusive, worldwide, royalty-free, irrevocable, sub-licensed (through multiple tiers) right and license to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material displayed in your listings or bids.
You agree that neither this agreement nor your use of the services creates any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between the owner/service provider and any user of the services.
You agree not to disrupt or interface with the security of, or otherwise abuse, the web portal, or any services, system resources, accounts, servers or networks connected to or accessible through the web portal or affiliated or linked web portal.
You agree not to use or attempt to use other's account, services or system without authorization from the owner, or create or use false identity on this site.
You agree not to attempt to obtain unauthorized access to site or the portion of the site which are restricted from general access.
You agree not to post anything offensive, menacing or abusive or send messages causing annoyance, inconvenience or needless anxiety to any person or any unlawful or improper purpose or in any manner that may risk the security of the service or so as to interfere with the proper operation of the service.
You agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national, and international laws and regulations, including Indian laws that related to your use of or activities on this site. The owner and the service provider are distributors (and not a publisher) of content supplied by sellers and Users. Accordingly, the owner/the service provider have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.banksonlineauction.com, are those of the respective sellers/banks and not of the owner/the service provider. The owner/service provider do not guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Warranties
No advice or information, whether oral or written, obtained by you from the owner/the service provider and its web portal www.banksonlineauction.comor through or from the services shall create any warranty not expressly stated herein.
Each user understands and agrees that any material and / or data downloaded from the services or Web Portal or any goods or services obtained through the services is done at user's own risk and that user will be solely responsible for any damages resulting from any downloading or other transaction.
The owner and the service provider disclaim all warranties related to the asset, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness, for a particular purpose, title, and non-infringement.
The owner and the service provider disclaim all warranties, representations or conditions, whether express or implied, including, without limitation, all express or implied warranties, representations or conditions of merchantability, or fitness or quality for a particular purpose.
The owner and the service provider does not give warranty or guarantee of the quality, quantity, measurement and condition of the assets and about its “End Use” or fitness for a particular purpose.
The owner and the service provider makes no representations or warranties concerning the accuracy of the information supplied or the delivery or transmission of the service. The Service is provided for the User and the owner takes no responsibility of any kind and denies all liability for any damages or loss suffered by any third Parties arising from using www.banksonlineauction.comservice.
Assignment
The owner and the service provider may assign this contract to anybody with or without notice to you. You cannot assign this contract to anybody without getting prior written approval/consent of the owner and the service provider. Any such transfer/assignment by you without getting approval of the owner and the service provider shall be void.
Communication
You consent to receive communication from banksonlineauction.com by electronic mail, short messaging services (SMS) on your mobile phones, by phone calls or through posting notices posted on the Web Portal.
Security and Password
After you register with www.banksonlineauction.com on the Web Portal, you are solely responsible for all use and for maintaining and protecting the confidentiality of your User ID and password. You hereby agree to waive any rights, claims, or causes or action against www.banksonlineauction.com or its owner and the service provider arising out of or related to the use, whether authorized or unauthorized, of your Username or password or both.
Communication of Notice
Any notice to you shall be made in writing by either: (a) e-mail to the address provided by you to www.banksonlineauction.com during the registration process, and such notice shall be deemed to have been duly given day it was sent, or the next business day if not sent on a business day; or (b) letter to the residence/business address provided to banksonlineauction.com by you during the registration process.
Copyright
banksonlineauction.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of banksonlineauction.com are copyrighted as a collective work under the India copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. User will not act which would infringe copyright of the service.
Severability
The invalidity or illegality of any provisions, term, of agreement contained in or made a part of this agreement shall not affect the validity of the remainder of this agreement.
Entire Agreement
This agreement contains all of the terms agreed upon by the user/bidder with respect to the subject matter hereof and there are no representations or understandings between the owner/Service Provider of banksonlineauction.com and user except by a written amendments to this agreement.
Headings
The headings in this agreement are inserted for convenience only and shall not affect the construction hereof.