Terms and Conditions
Introduction
This ekhojvalue.com website (and any and all sub-domains) located at https://www. ekhojvalue.com and any and all Services and software provided through or by such websites or otherwise in connection with M/s Ekhojvalue Service Private Limited (collectively, including such websites and all such Services, the “Site”) is owned and operated by M/s Ekhojvalue Service Private Limited (“Ekhojvalue”) The following is a legally binding agreement (the “Agreement”) between you and M/s Ekhojvalue Service Private Limited with respect your access and use of the Site and any Services provided through or in connection with the Site.
For good and valuable consideration (the adequacy and sufficiency of which is acknowledged by each of the parties) of the mutual promises of the parties contained herein, the parties hereby agree as set forth below. All Users will be subject to and bound by this Agreement.
For the purposes hereof, the User of the Site are referred to as “you”, “your” or “User” or registered User or Seller or Buyer or bidder and “Company abbreviation” is referred to as the “Company”, “we”, “us” or “our”.
1. Acceptance of Terms
By accessing, browsing, registering and/or using the site and any software, service information or materials offered on or via the site, you become a User of the site and expressly acknowledge that you have read, understood, accept and agree to each of the Terms and Conditions set forth below. If you do not agree to accept each and all of the following Terms and Conditions as set forth below, please do not access, browse or register or use the site or any of its software, Services, information, materials or otherwise.
The is an electronic record in Terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes and as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The scope of the Services provided by the Website or portal may be amended by M/s Ekhojvalue Services Private Limited.(herein after referred to as “Ekhojvalue”)from time to time at its sole discretion without Users consent and shall stand accepted by the User.
2. Websites Descriptions
The Company is B2B service provider operating an Online Platform where registered Buyers/Sellers can market or advertise their Products or Services; and for Buyer to prospectively Buy and Seller to Sell these Products and Services via Website. The Company is a Service Provider for connecting the prospective Buyers and Sellers and provides a Platform s that enables easy, transparent, convenient and cost-efficient technique to prospectively Buy or Sell Products and Services. The Company is not involved in the actual transaction that takes places between the Buyers and Sellers and hence is not a party to any contract for Sales negotiated between the Buyers and Sellers for Selling or Buying of Products or Services. We cannot and does not control whether or not Sellers will complete the Sale of Products they have bid on or Services they offer or Buyers will complete the Purchases of Products or Services they have bid on. The software platform does not guarantee any business. The Platform only enables prospective Sellers (herein after referred to as the “Sellers”) and prospective Buyers (herein after referred to as the “Buyers”) to identify themselves with their Products available for Sale or Purchase, prospectively; and provides various ways to advertise for Selling or Buying of Products or Services.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between “Ekhojvalue” and any User of the service.
In addition to the online software platform, the company also executes Sales and Business Development Services that are outsourced to us by our customers.
3. Registration
a) User of the Site can become Registered User by submitting the registration form. The registration is free at this point of time. The period for the free registration charges will be decide by the Company “Ekhojvalue”.
b) The User who registers in the portal will select type of membership as per his requirement. The type of membership is Regular Membership and Exclusive Membership.
c) The User has to agree to accept the Terms of Service of “Ekhojvalue”. In consideration of your use as Registered User of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form for Registered User (such information being the "Registration Data") and 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 “Ekhojvalue” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “Ekhojvalue” has the right to warn or suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
d) “Ekhojvalue” on a best effort basis verifies the authenticity of each User registered on the Website by verifying the ‘know your User’ documents uploaded by such User. However, “Ekhojvalue” is not responsible to verify the authenticity of the information and documents provided by any User. Contacts with you, if any, will be made as per these details. Hence, the User is expected to furnish accurate information. The details provided by the User at the time of registration and at any time later will always be treated as confidential.
e) “Ekhojvalue” reserves the rights to accept or reject the registration(s) of User without providing any explanation to anyone. Additionally, “Ekhojvalue” may disqualify registered user on violation of the Terms of Service or at its own discretion, but without assigning any reasons there for.
f) There are certain elements of the Site, which are accessible to Registered User. There are certain other elements of the Site, which are accessible only to selected User. The choice of restricting access to various elements will be decided by “Ekhojvalue” from time to time.
g) A registered User will possess your own defined User ID, password for an account. The User ID and password are to be provided by you while providing the details in the registration form.
h) The Registered User is expected to maintain the confidentiality of their membership-login name and password-and will be responsible for all activities under this account. Once you become a Registered User, you are entirely responsible to maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You warrant that “Ekhojvalue” is not responsible for any losses arising out of the unauthorized use of your account which is not due to the negligence of “Ekhojvalue”.
i) Registered User agrees to immediately notify “Ekhojvalue” of any unauthorized use of their account or any other breach of security. Each Registered User is expected to observe a certain level of decorum in the usage of the Services.
j) Registered User is bound to disclose true and correct facts whatever may be supplied by him as information to other User and to strictly follow business ethics of trade practice. No registered User shall do any such act or omission that may be detrimental to the interest of “Ekhojvalue” or other registered User.
k) “Ekhojvalue” shall have rights to discontinue access of the registered User without notice who is defaulter in view of “Ekhojvalue” and such defaulter may be black listed for a term as may be decided by “Ekhojvalue”.
l) Each User who registers or uploads material warrants that he or she is over eighteen (18) years of age and have provided us with complete, accurate, and current personal information.
m) Each User creating an account represents that it has the authority to do so and to legally bind its organization to these Terms of Use, the Privacy Policy, and any activity it performs and enters into via “Ekhojvalue”.
n) The User who may be the Seller or Buyer shall ascertain all details of the user and also verify the Product and Service details displayed on the website by visiting the sites and/or checking the Product before actual Buying or Selling or Bidding of the Product or Services; the Company shall not be responsible for misrepresentation by the User or warranty or guarantee of the Product or Service. For the sake of reiteration, the Company only creates a meeting Software Platform between the Buyer and Seller and/or user.
4. Registered User’s Conduct
You understand that all information including data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or Privately transmitted, are the sole responsibility of the User from whom such Content originated including :
You agree to not use the Service to:
a) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) Harm minors in any way
c) Impersonate any person or entity, including, but not limited to, a “Ekhojvalue” official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) Sell or offer for Sale counterfeit or hazardous or stolen Products;
h) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in Auction related areas that are designated for such purpose;
i) Use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any manner reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
j) Attempt to or gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
k) Make any negative, denigrating or defamatory statement(s) or comment(s) about “Ekhojvalue” or the brand name or domain name used by “Ekhojvalue” in any medium of communication , or otherwise engage in any conduct or action that might tarnish the image or reputation of “Ekhojvalue” or the User or otherwise tarnish or dilute any “Ekhojvalue” trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by “Ekhojvalue”;
l) Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other User' ability to engage in real time exchanges;
m) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or “Ekhojvalue’s systems or networks, or any systems or networks connected to “Ekhojvalue”.
n) Refers to any website or URL that, in “Ekhojvalue” sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
o) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
p) Intentionally or unintentionally violate any applicable local, state, national or international law,
q) "Stalk" or otherwise harass another; or
r) Collect or store personal data about another User.
s) Engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law for the time being in force; and
t) Post objectionable content. You acknowledge that “Ekhojvalue “does not pre-screen Content, but that “Ekhojvalue” and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, “Ekhojvalue” and its designees shall have the right to remove any Content that violates this Terms & Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and in all other parts of the Service.
u) In case of private auction, the user who initiates the auction is entitled to select and qualify the Buyers or Sellers (Bidders) for participation. The non-qualified Bidder shall have NO rights to question the user who has initiated the auction or Company “Ekhojvalue”.
5. Registered User’s obligations
Registered Buyer and Seller Users may create request via Listing or Private Auction to Buy or Sell Products or Services or place Bids against other User’s requirement on the website during the term of this Agreement, subject to the following Stipulations:
a) You will describe all Products or Services offered by you truthfully and accurately. This includes text descriptions, images and pictures of each item of Products or Services including, without limitation, it’s physical Conditions, age, authenticity, provenance, and any other relevant data. Buyers or Sellers shall be solely responsible for the Products or Services Information and related Content while creating request in listing or planning Private Auction for Buying or Selling Products or Services on listing or Private Auction. You should give the approval price as reasonable.
b) In case of Private Auction, User can scrutiny and select the Buyers and Sellers (Bidders) interested in participating in Private Auctions and can expressly reject Bidders as they wish.
c) All Products or Services must be created in an appropriate category/sub-category on the Website at the time of submitting Request. You agree not to create request of a single Products or Service in multiple quantities across various categories /sub-categories on the site. “Ekhojvalue” reserves the right to delete such multiple requests of the same Products or Service listed by you in various categories /sub-categories.
d) Participation and Bidding in the listing or Private Auctions on the website shall be treated as conclusive evidence of the fact that the Buyers or Sellers has all required information and details of Products or Services for which the bids are placed.
e) The Buyers or Sellers (Bidders) is satisfied in all respects regarding the quality, quantity, Conditions of the Products or Services under listing and Private Auctions, 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 Bidders has carefully gone through the Terms and Conditions, including amendments, if any, prevailing at the time of the bidding.
f) No objections or complaints will be entertained once the bids are placed.
g) The Company does not give warranty or guarantee of the quality, quantity, measurement, Conditions, and specifications of the Products or Services and about its “End Use” or fitness for a particular purpose.
h) The Bidder does not get any right to demand acceptance of his bid/offer from the user who has initiated the request or Company “Ekhojvalue”.
i) The description of Products or Services must not be misleading and must be accurate and with all necessary details.
j) You must ensure that the Products or Services offered by you are reliable and that they do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
k) All requests of Products or Services shall be made available for Buying or Selling. All Requests must comply with rules and policy incorporated by way of reference in this Agreement.
l) All Buying or Selling of Products or Services on the Website via Bids or Participation are a firm commitment to Purchase or Sell. You are obligated to complete the transaction with the Buyer or Seller.
m) The Buyers or Sellers User shall be responsible for the overall quality and quantity of the Products or Services. At no time, “Ekhojvalue” takes title or ownership of any Products or Services.
n) Terms & Conditions as laid down by the User in the Listing Request or Private Auction Request or Auction Catalogue shall apply in addition.
o) You are responsible to read and understand, and will be bound by, all Terms of Sale and Purchase described in the Listing and Private Auction including, but not limited to, method of payment, appropriate state or international taxes, shipping and handling fees.
p) Buyers or Sellers will be solely responsible to ensure that the their Products or Services request or bids comply with all Applicable Laws including all requirements under Legal Metrology Act, 2009 and rules issued there under.
q) The Highest & Lowest Price or Participating bidder does not get any right to demand acceptance of his bid or offer. User who has created request in Listing or Private Auctions reserves the right to accept/reject/cancel/ subject to confirmation any bid/offer, withdraw any Products or Services at any stage from Listing or Private Auction even after acceptance of bid/offer without assigning any reason thereof. In the event of such rejection, cancellation or withdrawal, user who have created request in Listing or Private Auctions shall not be responsible for any damages/loss to the successful bidder on account of such rejection, cancellation or withdrawal.
r) You are strictly prohibited from placing bids or participation or causing bids to be placed on any item of Products or Services for the purpose of artificially increasing or decreasing the prices or otherwise manipulating the bidding process on the website or the bid price of any item of Products or Services listed on the Site.
s) “Ekhojvalue”, in its sole discretion, may place bids on behalf of user as requested, informed and agreed by user.
t) Once the bidding has started, User may not withdraw or make any changes to the Listing request or Private Auction Request. If you become aware during the bids – for example that there are misstatements in the description of Products or Services – you must notify the Company. The Company reserves the right, in its sole discretion, to terminate it that has commenced and re-offer the item with a revised description. If you do not want to re-offer the Products or Services, “Ekhojvalue” will be entitled to collect Fees as if the Products or Services is sold at the correct estimate price.
u) You will complete the transaction(s) which may include payment, delivery, lifting, receipt, quality, return, resolving issues/disputes, refunds and supply of Products or Services but not limited to only these activity as described in this Agreement. You agree to honour the transaction with other users. You will not fail to deliver or take receipt Products or Services for which payment was accepted, significantly misrepresent a Products or Services by not meeting the Terms as per description in the listing or Private Auctions, or refuse to accept payment for Products or Service at the end of a successful Sale or Purchase. You are obligated to submit all relevant and required documents in order to complete the transaction. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable by another User.
v) You understand and agree that a bid is a legal obligation to Purchase or Sale Products or Services under the Terms described in the Listing and Private Auctions. Bids are not retractable except under circumstances deemed appropriate by “Ekhojvalue” in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact “Ekhojvalue” immediately after placing a bid to retract any bids made in error.
w) You must honour all bids placed in a Listing or Private Auction, and are obligated to complete the transaction with the respective Buyer or Seller if your bid is accepted by the User creating request in Listing or Private Auction.
x) By Buying or Selling any Products or Services, you agree to be bound by the Conditions of Purchase or Sale included in the description of Listing or Private Auctions so long as those Conditions of Purchase or Sale are not in violation of this Agreement or unlawful.
y) “Ekhojvalue” strongly advise you not to test the site with false Purchases or Sales, as it will put you at substantial personal legal risk. It is an offence to use a false name or any other false personal information.
z) You will not offer Buyers or Sellers the opportunity through the Site to Purchase or Sell any Products or Services outside of the Site.
aa) In the event of such rejection, cancellation or withdrawal, the User or the Buyer or Seller who has created request Listing or Private Auction shall not be responsible for any damages/loss to the successful Sellers or Buyers (Bidders) on account of such rejection, cancellation or withdrawal.
bb) We encourage You to post feedback or rate Buyers and Sellers (Bidders) or other users on the about the transaction and about other Users via email after the transaction is closed.
cc) It is your responsibility to determine whether taxes apply to any Sale or Purchase transactions conducted by you through the Site and to collect report and remit the correct tax to the appropriate tax authority. “Ekhojvalue” is not obligated to determine whether taxes are applicable and is not responsible to collect, remit, pay or report any use taxes arising from any such Sale or Purchase transaction. You agree to indemnify and hold harmless “Ekhojvalue “for any claim or liability arising from your breach of this provision.
dd) The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding, and purchasing and selling of Products or Services.
ee) User will, at its own expense, obtain all permits and licenses required to operate its Business in accordance with Applicable Law, and will pay and discharge all applicable taxes levies and assessments which may be due for Selling or Buying of the Products and Services for Sale or Purchase on Listing or Private Auctions. It is Seller's or Buyer’s responsibility to determine the States in which it has an obligation to collect and remit any kind of taxes including GST/CST/LST/VAT/service taxes and other levies by Governmental Authority (“Taxes”).
ff) The provisions of Tax Deduction at Source will become applicable on the fees collected by the “Ekhojvalue” as promulgated by the Government Authority and accordingly “Ekhojvalue” will be entitled for Tax Deduction at Source from the payment received from Registered Users. Registered Users will submit all relevant documents to “Ekhojvalue” for the said purpose.
gg) Registered Users will pay “Ekhojvalue” the Membership fees or Fees as per agreed terms and conditions /contract in case of Private Auction prior to each Payment Date for using the service for Listing or Private Auction as agreed by the “Ekhojvalue” and Registered User. “Ekhojvalue” will raise an invoice towards the Membership Fees or as per agreed terms and conditions /contract value due to “Ekhojvalue” for the relevant Settlement Period. You are responsible to pay all fees to the “Ekhojvalue” as mutually decided you and the “Ekhojvalue” for using service of Listing or Private Auction.
hh) Use rare legally bound to perform on any promise and/or commitment to another User. “Ekhojvalue” is under no obligation to become involved in disputes between Users or any third party. In the event of any dispute, such as a Buyer’s or Seller’s alleged failure to comply with this Agreement, we may provide the Buyer’s or Seller’s contact information to the Bidders/Buyer/Seller/Third party so that the two parties may resolve their dispute. We reserve the right to provide counterparties with information pertaining to a complaint or statement, written or oral, made against them by you or a third party acting with or without your consent. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Ekhojvalue (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ii) Registered users before participating or bidding on Website should verify with the Sellers/Buyers about the tax structure and other statutes in place.
This agreement is in addition to the separate agreement that may be entered into between the Buying User and Selling User after the approval of the bid and without the acceptance and presence of “Ekhojvalue”.
6. Our Rights
a) We reserve the right to modify the Services, including but not limited to adding or removing features, discontinuing or terminating the Services or any part thereof, or terminating your Account or your access to the Services, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Services or any part thereof, or the termination of your Account or your access to the Services.
b) We reserve the right to refuse access to the Services to anyone for any reason at any time. In addition, we reserve the right, but are not obligated, to limit the availability of the Services, or Products or Services made available via the Services, to any person, entity, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
c) We may, but have no obligation to, remove without notice any Comments that we determine in our sole discretion violate: (i) these Terms of Service, including any Policies; or (iii) any applicable laws or regulations. It is in our sole discretion to refuse or remove any Content that you post or otherwise make available on the website.
d) A breach or violation of any provision of these Terms of Service, or any of the Policies, as determined in our sole discretion, may result in an immediate suspension or termination of your access to the Services. Without limiting any other remedies that we have, we may suspend or terminate your access to the Services if we suspect that you have engaged in fraudulent activity in connection with the website.
e) We reserve the right to provide any of our Services to your competitors and make no promise of exclusivity in any particular market segment.
f) We reserve the right, but have no obligation, to monitor the materials or content posted on the Website. “Ekhojvalue” shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of the Terms of Use. Notwithstanding this right, the User remains solely responsible for the content / material / information such User posts on the website and in such User’s Private messages.
g) The content / material / information posted by such User does not necessarily reflect “Ekhojvalue’s views. In no event shall “Ekhojvalue” assume or have any responsibility or liability for any such content / material / information posted or for any claims, damages or losses resulting from use of such content / material / information and/or appearance of such content / material / information on the Website.
h) We reserve the right to deduct EMD or other charges for your unfulfillment of obligation against your commitment or bids to other Users.
i) The website contains links to other websites. We are not responsible for the privacy policies or practices of third-party websites.
j) “Ekhojvalue” reserves the right to change these Terms of service at its discretion without any approvals from the existing Information User.
7. Governing Law,Disputes and Jurisdiction
This Agreement will be governed by the laws of the Republic of India, without regard to the principle of conflict of laws. The courts at Mumbai shall have the exclusive jurisdiction over any dispute relating or arising in any way from the matter under the Agreement.
8. Privacy
We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.
9. Severability
a) If any provision of the Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms of Use and the remainder of the provision in question shall not be affected.
10. Notices
a) Any notice or other communications to be given to “Ekhojvalue” under the Terms of Use shall be in writing and may be sent to “Company email address”.
b) Any notice or other communication to be given to a User who has obtained Registration shall be sent to the email address of such User.
11. Indemnity
a) You agree to defend, indemnify, and hold harmless “Ekhojvalue”, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Products or Services (including website Software) or your breach of any of these Terms of Service. “Ekhojvalue” shall provide notice to you promptly of any such claim, suit or proceeding.
b) “Ekhojvalue” takes no responsibility of the quality, quantity, documentation details of Buyers or Sellers or Registered User. Registered users and Both the Buyers or Sellers agree to defend indemnity and hold harmless “Ekhojvalue” from any loss, damage, cost and expenses caused by any reason during the transactions on the website. In no event shall “Ekhojvalue” be liable for any loss for the transactions by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matter regarding the transactions and have understood in full that “Ekhojvalue” has provided a source for Buying or Selling and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc. Since “Ekhojvalue”does not possess knowledge base of the Products or Services under transaction both the parties agree that the matter contained in the assets as a part or, as a whole does not violate any applicable law. “Ekhojvalue”is only service provider, and is not and cannot be a party to or control in any manner any transactions between the Seller/Buyer and the Bidder.
c) You expressly understand and agree that “Ekhojvalue” shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, claims expenses from any causes, attorneys' fees and costs, goodwill, use data or other intangible losses (even if “Ekhojvalue” has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute Products or Services resulting from any Products , Data, Information or Services Purchased or obtained or Messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of User transmission or data; (iv) Statements or conduct of any third party on the service; or (v) any other matter relating to the service.
d) “Ekhojvalue”does not warrant or represent that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in operating Conditions, Internet connectivity, third party software components and other reasons beyond the control of “Ekhojvalue” that could result in the loss of Content or unavailability of Services or loss of any other information relating to transactions carried out through Website.
e) To the extent permitted by applicable law, “Ekhojvalue”disclaims any and all warranties not expressly stated in these Terms of Use including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
f) You acknowledge and undertake that You are accessing this Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of any User, nor any breach of Conditions, representations or warranties provided by any User in connection with the Sale or Purchase of Productsor provision of Services. We shall not mediate or resolve any dispute or disagreement between You and any other User.
g) The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related Products or Services, and any other Terms, Conditions, warranties or representations associated with such dealings, are solely between such User and such advertisers. “Ekhojvalue” shall not be responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as the result of the presence of such advertisers on the Website.
h) It is possible that other User (including unauthorized User or hackers) may post or transmit offensive or obscene materials on the Website and that any User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about any User due to any User’s use of the Website, and that the recipient may use such information to harass or injure any User. “Ekhojvalue” does not approve of such unauthorized uses, but by using the Website the User acknowledges and agrees that “Ekhojvalue” is not responsible for the use of any personal information that a User publicly discloses or shares with others on the Website. “Ekhojvalue” shall in no manner be held liable or responsible due to the unauthorized use of the Website and / or the content / information / material posted on the Website and / or provided to “Ekhojvalue” which is saved on its servers or other digital storage devices.
i) “Ekhojvalue” shall not be liable for failure to perform any obligation and / or breach of any representation and / or warranty by any User after they have agreed to enter into an agreement with one another.
j) “Ekhojvalue” shall not be liable for any matter arising under the proposed arrangement entered into, or failure to have entered into, between a User and a market participant.
k) It shall be the sole responsibility of the Buyer and Seller User to enter into the Sale or Purchase contract which shall strictly be a bipartite contract between the Buyers and Sellers User. “Ekhojvalue” shall not be liable in any manner whatsoever in relation to such Sale or Purchase finalized between the User.
l) The Registered Buyers or Seller acknowledges that “Ekhojvalue” is neither responsible for the content and information provided by them on the Platform nor the Services offered by them or their actions and that no agreement and/or performance relationship will come into existence in this respect between “Ekhojvalue” and Registered Buyers or Sellers. In particular, the Buyers or Seller alone is liable for the fulfilment of agreements, delivery of Products and Services, invoicing, collecting payments, as well as warranty for defects, refunds and returns. The agreement concluded with any Buyers or Sellers is solely governed by the general Terms and Conditions and the privacy policies of the website.
m) The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because” Ekhojvalue” has no control over such sites and resources, you acknowledge and agree that” Ekhojvalue” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, Products or Services, Products, or other materials on or available from such sites or resources. You further acknowledge and agree that” Ekhojvalue” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, Products or Services available on or through any such site or resource.
12. Force Majeure
“Ekhojvalue” will attempt to provide constant, uninterrupted access to the Site. However, in the event “Ekhojvalue” is unable to provide, or is delayed in providing access to the Information User as a result of any event beyond the reasonable control, whether or not foreseeable and including, but not limited to acts of God, war, riot, insurrection, invasion, acts of enemy, embargoes, acts of civil or military authorities, labor strikes or shortages, governmental decree or regulation, court order, severe weather, fire, floods, earthquakes, accidents, failure of suppliers, and breakdown in systems, communications or transport facilities, “Ekhojvalue” will not be liable for any loss or damage of any sort.
13. Intellectual Property
a) Except as expressly set forth herein, nothing on the Site or in this Agreement is intended to grant any rights (including, without limitation, under or with respect to any patent, mask work right, copyright, trademark, title, interest in Products or Services or trade secret of Company) to you. All such rights shall remain the sole and exclusive property of the Company and you shall gain no interest, right or title therein by entering into or performing this Agreement. Further, nothing contained on or through the Site or in this Agreement should be construed as granting (whether express, by implication, estoppel or otherwise) any license or right to use any intellectual property, trademarks, copyrights or other proprietary information (or the Proprietary Information) displayed on or through the Site. The absence of a Ekhojvalue or logo anywhere in the text of the Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo. Under no circumstances whatsoever may any User reverse engineer, decompile or otherwise attempt to decipher the site or its Services or any other aspect of the Company’s technology, intellectual property, Products, Services or proprietary information.
b) You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected or will be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by “Ekhojvalue” or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part
c) Company will, in appropriate circumstances; terminate the access and use of the Site of User who infringe the rights, security or property of others. If any individual or entity believes that his, her or its rights, security or property has been used or copied in a prohibited manner (or otherwise infringed) through or in connection with the Site, please inform via a written notice containing the full details of such infringement and the action requested of the Company.
14. Disclaimer
You expressly understand and agree that:
a) Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. “Ekhojvalue” expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) “Ekhojvalue” makes no warranty that (i) The Services will meet your requirement, (ii) The service will be uninterrupted, the timely, secure or error-free, (iii) The results that may be obtained from the use of the Services will be accurate or reliable, (iv) The quality of any Products, Services, information, or other material sold or bought by you though the service will meet your expectations,
c) No advice or information, whether oral or written, obtained by you from “Ekhojvalue” or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.
d) Time definition clarity and responsibility (i) Time for all purposes in the conduct of the Listing or Private Auction shall denote the time as registered in the “Ekhojvalue” system. The time as displayed by the system shall for all purposes be final and binding. (ii) All communication shall be deemed to have been complete as against the Buyer/Seller as soon as they enter the respective party’s system resources. For the purpose, the responsibility of maintaining the system’s resources at the User’s end shall be that of the User concerned.
15. Limitation of Liability
You expressly understand and agree that:
We will not be liable for indirect, incidental, special, consequential, or exemplary damages (Including any loss of Revenue, profits, goodwill, use or data ,financial or indirect, special, consequential, exemplary or punitive damages) arising in connection with this agreement, or the service offerings, even if we have been advised of the possibility of those damages. Further, our aggregate liability arising in connection with this agreement and the service offerings will not exceed Rs 1,000/- (Indian Rupess One Thousand Only).
16. Refund Policy
You expressly understand and agree that:
a) We are providing a Software Platform to connect Buyers and Sellers for prospective Buying or Selling of Products or Services. The actual transaction is taking place outside the software platform. We are charging a membership fee from registered users to avail the Services. Kindly read the membership plans before selecting it. The membership subscription fee is non-refundable.
b) We are collecting Earnest Money Deposit from the registered user on behalf of user of Private Auction. The Refund of Earnest Money Deposit collected from users (Sellers and Buyers) for participation in Private Auction will be as per Terms and Conditions mentioned in the Auction Catalogue.
17. Miscellaneous
You expressly understand and agree that:
You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement
The Terms and Conditions constitute the entire agreement between you and “Ekhojvalue” and govern your use of the Service, superseding any prior agreements between you and “Ekhojvalue” . You also may be subject to Special Terms and Conditions that may apply when you use affiliate Services, third-party content. The Terms and Conditions and the relationship between you and “Ekhojvalue” shall be governed by INDIAN laws without regard to its conflict of law provisions. You and “Ekhojvalue” agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Mumbai, Maharashtra. The failure of “Ekhojvalue” to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditionsis found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditionsmust be filed within one (1) year after such claim or cause of action arose or be forever barred.
Terms & conditions as laid down by the user mentioned in auction catalogue in case of private auction shall apply in addition to above agreement.