Terms and Conditions
These
are the terms and conditions governing your use of the website http://www.chintadripet.com . (hereinafter
referred to as "the Site") and the general principles for the websites of our
subsidiaries and international affiliates and constitutes your binding
obligations towards T.R.G Enterprises (hereinafter referred to as
chintadripet.com) ("User Agreement "). This Agreement is effective upon acceptance in
registration for new registering users, chintadripet.com may amend the User Agreement
at any time by posting the amended terms on the Site. All amended terms shall
automatically become effective thirty days after they are posted on the Site and
any subsequent use of the Site shall be governed by such amended terms. In
addition, we will notify you in accordance with your Notification Preferences.
This Agreement may not be otherwise amended except in a writing signed by you
and chintadripet.com. You are advised to regularly check for any amendments or updates
to the terms and conditions contained in this User Agreement. If any clause of
the User Agreement shall be deemed invalid, void or for any reason
unenforceable, such clause shall be deemed severable and shall not affect the
validity and enforceability of the remaining clauses of the User Agreement.
You
must read, agree with and accept all of the terms and conditions contained in
this User Agreement and chintadripet.com's Privacy Policy, which
include those terms and conditions expressly set out below and those
incorporated by reference, before you may become a member of chintadripet.com. We
strongly recommend that, as you read this User Agreement, you also access and
read the information contained in the other pages and websites referred to in
this document, as they may contain further terms and conditions that apply to
you as a chintadripet.com user. Please note: underlined words and phrases are links to
these pages and websites. By accepting this User Agreement, you also agree that
your use of websites of our subsidiaries and international affiliates will be
governed by the User Agreement and Privacy Policy posted on those websites.
- MembershipEligibility
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, 1872 including minors,
un-discharged insolvents etc. are not eligible to use the Site. If you are a
minor i.e. under the age of 18 years, you cannot register as a member of the
Site and cannot sell, purchase or bid for any items on the Site. If you wish
to purchase or sell an item on the Site such purchase or sale may be made by
your legal guardian or parents who have registered as users of the Site
provided that such purchase or sale is not in relation to any adult
material/mature audience items displayed on the Site, the sale or purchase of
which to/by minors is strictly prohibited. chintadripet.com reserves the right to
terminate your membership and refuse to provide you with access to the Site if
chintadripet.com discovers that you are under the age of 18 years. The Site is not
available to persons whose membership has been suspended or terminated by
chintadripet.com. If you are registering as a business entity, you represent that you
have the authority to bind the entity to this Agreement.
- Your
Account and Registration Obligations
If you use the Site, you are
responsible for maintaining the confidentiality of your account and Password and
for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or Password.
You agree to:
- Provide
true, accurate, current and complete information about yourself as prompted
by chintadripet.com's registration form (such information being the "Registration
Data")
- Maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete or chintadripet.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or not in
accordance with the User Agreement, chintadripet.com has the right to indefinitely
suspend or terminate your membership and refuse to provide you with access
to the Site.
- Electronic
Communications
When
you visit the Site or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by email or by posting notices on the Site. You agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
- Fees
and Services.
Membership
on the Site is free. chintadripet.com does not charge any fee for browsing, bidding and
buying on the Site. chintadripet.com charges Transaction Fees to all sellers when their
item is successfully sold on the Site and Special Listing Fees are charged to
Sellers who use the Special Listing Feature for listing their items.
The
Fee Charging and Credit policies on chintadripet.com are effective from Jnuary
1st 2008. However,
chintadripet.com reserves the right to change its Fee Charging and Credit policies from
time to time. In particular, chintadripet.com may at its sole discretion introduce new
services and modify some or all of the existing services offered on the Site. In
such an event chintadripet.com reserves the right to introduce fees for the new
services offered or amend/introduce fees for existing services, as the case may
be. Changes to the Fee Charging and Credit policies shall be posted on the Site
and such changes shall automatically become effective immediately after they are
posted 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 you agree to bear
any and all applicable taxes, charges, cesses etc. levied thereon. chintadripet.com
reserves the right to issue a warning, temporarily /indefinitely suspend or
terminate your membership and refuse to provide you with access to the Site in
case of non-payment of fees by you to chintadripet.com. chintadripet.com also reserves the
right to take legal action in case of non-payment of fees by you to
chintadripet.com.
- Use
of the Site You
agree, undertake and confirm that your use of the Site shall be strictly
governed by the following binding principles:
- "Your
Information" is defined as any information you 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. You are solely
responsible for Your Information, and we act as a passive conduit for your
online distribution and publication of Your Information.
- Your
Information (or any items listed):
- shall
not be false, inaccurate or misleading;
- shall
not be fraudulent or involve the sale of counterfeit or stolen items;
- shall
not infringe any third party's intellectual property, trade secret or
other proprietary rights or rights of publicity or privacy;
- shall
not, directly or indirectly, offer, attempt to offer, trade or attempt to
trade in any item, the dealing of which is prohibited or restricted in any
manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force. Without prejudice to the generality
of the above, chintadripet.com does not permit transactions in the following
items:
- "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.
- 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, 1972).
- Weapons
of any description.
- Liquor,
tobacco products, drugs, psychotropic substances, narcotics, intoxicants
of any description, medicines, palliative/curative substances.
- 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.
- "Antiquities"
and "Art Treasures" in violation of the provisions of the Antiquities
and Art Treasures Act, 1972 ("the Act").
- Used
cellular phone SIM Cards.
- shall
not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing;
- shall
not be obscene or contain pornography or contain an "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
- shall
not contain 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;
- shall
not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and
- shall
not link directly or indirectly to or include descriptions of items, goods
or services that:
- are
prohibited under the User Agreement or any other applicable law for the
time being in force including but not limited to the Drugs and Cosmetics
Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements)
Act, 1954, the Indian Penal Code, 1860 ;
- are
identical to other items you have up for auction but are priced lower
than your item's price, the reserve price of the item or minimum bid
amount;
- are
concurrently listed for sale on a web site other than the Site; or
- you
do not have a right to link to or include.
- Solely
to enable chintadripet.com to use the information you supply us with, so that we
are not violating any rights you might have in Your Information, you agree
to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with
respect to Your Information. chintadripet.com will only use Your Information in
accordance with the User Agreement and chintadripet.com's Privacy Policy.
- You
represent and confirm that you shall be the sole and exclusive legal owner
of all items, goods or products of any description that you wish to offer
for sale on the Site. You shall have complete right, title and authority to
deal in and offer for sale such items, goods or products.
- In
the event that any transaction or attempted transaction relating to any
item, good or service which is violative of this User Agreement or
applicable law comes to your knowledge, you shall take all steps to inform
chintadripet.com of the same.
- You
shall not, either alone or in conjunction with other Users, manipulate or
attempt to manipulate the prices of any item or services being sold or
purchased on the Site.
- You
shall 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 your use of our service
and your bidding on, listing, purchase, solicitation of offers to purchase,
and sale of items or services. You shall not engage in any transaction in an
item or service, which is prohibited by the provisions of any applicable law
including exchange control laws or regulations for the time being in force.
In particular you shall ensure that if any of your items listed on the Site
qualifies as an "Antiquity" or "Art treasure" as defined in the Act
("Artwork"), you shall indicate that such Artwork is "non-exportable" and
shall ensure that it is not delivered to any Winning bidder/buyer (as
defined under the Bidding and Buying section) at any place outside India.
- From
time to time, you shall be responsible for providing information relating to
the items or services proposed to be sold by you. In this connection, you
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such items or
services so as to mislead other Users in any manner.
- You
will not disclose your contact details like Phone number, address, emailing
address in bidding, buying or listing process, or anywhere on the Site
including the feedback area, discussion forum or through any e-mail feature
to bypass chintadripet.com.
- You
may find potential adult material/mature audience items 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 you are not 18 years of age you
cannot view/sell/buy/bid on such material/items. If you do not qualify,
please do not use the Site. If you choose to view /sell/ buy / bid on mature
audience items or items that are restricted to adult use, you are certifying
that:
a. you
have the legal right to view / sell/ buy / bid on such items;
b. you
are not offended by the adult content/item;
c. it is
your decision to view / sell/ buy / bid on the adult content/item on the Site;
and
d. such
items/content are being viewed/sold/bought/bid on by yourself only and you are
not allowing underage minors to view / sell/ buy / bid on such items/content
from your computer.
- You
certify that you will not sell, list or display any mature audience items or
items that are restricted to adult use on the Site, without following the
procedure prescribed by chintadripet.com for selling, listing or displaying such
items on the Site. You acknowledge that chintadripet.com will not be responsible
for any liability arising from your default in complying with the provisions
of this clause.
- Platform
for Communication
The
Site is only a venue where Users may meet and interact with one another for
their transactions. chintadripet.com is not and cannot be a party to or control in any
manner any transaction between two Users of the Site. Consequently:
- chintadripet.com
is not responsible for any non-performance or breach of any contract entered
into between Users. chintadripet.com cannot and does not guarantee that
the concerned Users will perform any transaction concluded on the Site.
chintadripet.com shall not and is not required to mediate or resolve any
dispute or disagreement between Users.
- chintadripet.com
does not make any representation or Warranty as to the attributes (such
as quality, worth, marketability, etc.) of the items or services proposed
to be sold or purchased on the Site. In particular, chintadripet.com does
not implicitly or explicitly support or endorse the sale or purchase of
any items or services on the Site. chintadripet.com accepts no liability
for any errors or omissions, whether on behalf of itself or third parties.
- chintadripet.com
does not make any representation or warranty as to the attributes (such
as legal title, creditworthiness, identity, etc.) of any of its Users. You
are advised to independently verify the bona fides of any particular User
that you choose to deal with on the Site and use your best judgment in that
behalf.
- The
Site is a channel of communication whereby the Users can reach a larger
base to buy and sell items or services. chintadripet.com is only providing
a platform for communication and it is agreed that the contract for sale
of any of the products or services shall be a strictly bipartite contract
between the Seller and the Winning bidder/buyer. At no time shall any right,
title or interest over the items vest with chintadripet.com nor shall chintadripet.com
have any obligations or liabilities in respect of such contract. chintadripet.com
is not responsible for unsatisfactory or delayed performance of services
or damages or delays as a result of items which are out of stock, back ordered
or otherwise unavailable. All items are offered only for a restricted time
and only for the available supply.
- You
shall independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the other registered Users that you transact
with.
- You
release and indemnify chintadripet.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, chintadripet.com 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.
- Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use your information
as described in the Privacy Policy. We view protection of users' privacy as
a very important community principle. We understand clearly that you and Your
Information is one of our most important assets. We store and process Your
Information on computers located in the United States that are protected by
physical as well as technological security devices. If you object to your
Information being transferred or used in this way please do not use the Site.
- Breach
Without limiting other remedies, chintadripet.com may limit your activity,
immediately remove your bids, or end your listing, warn other Users of your
actions, immediately temporarily/indefinitely suspend or terminate your membership,
and/or refuse to provide you with access to the Site:
- If
you breach the User Agreement or the documents it incorporates by reference;
- If
chintadripet.com is unable to verify or authenticate any information you
provide; or
- If
it is believed that your actions may cause legal liability for you, other
Users or chintadripet.com.
chintadripet.com
may at any time at its sole discretion reinstate suspended Users. A User that
has been indefinitely suspended may not register or attempt to register with
chintadripet.com or use the Site in any manner whatsoever until such time that such
User is reinstated by chintadripet.com. Notwithstanding the foregoing, if you breach
the User Agreement or the documents it incorporates by reference, chintadripet.com
reserves the right to recover any amounts due and owing by you to chintadripet.com 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) and all purchases (under the Buy It Now
format) on the Site are a firm commitment to purchase. If you are the purchaser/highest
bidder for any item and your purchase/ bid is accepted by the seller ("Winning
buyer"), you are obligated to complete the transaction with the seller.
An
action to purchase or bids may be increased in price or volume later but may not
be withdrawn. Purchases/Bids cannot be canceled. By purchasing/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 the User 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.
chintadripet.com
strongly advises you not to test the site with false bids/purchases, 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
chintadripet.com.
As a
Winning buyer you must contact the seller within 72 hours of auction closing
successfully.
In the
event of Dual Winning Buyers displayed online for a Single Auction, the User who
has received the Winning Email will be the rightful Winning buyer and beyond
that there is no liability.
Please
be aware that even if you do not give chintadripet.com your real name, your Web browser
transmits a unique address to us, which can be used by law enforcement officials
to identify you.
As
buyers on the Site we encourage you to post feedback on the seller after the
auction is closed.
In
case of purchase of/placing a successful bid for an Artwork which is marked as
"non-exportable" on the 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.
- Priority
in Bidding
In
order to qualify and be identified as a successful bid, the following priority
parameters will be followed:
- Price:
The higher price bids always supersedes the lower price bids;
- Quantity:
Between bids of the same price, the bid for the higher quantity shall
supersede;
- Time:
Between bids of the same price and for the same quantity, the bid which was
placed prior in point of time shall supersede.
chintadripet.com'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.
- Selling
As
a registered member, you may list item/s for sale on the Site. You must be
legally able to sell the item(s) you list for sale on our Site. You must
ensure that the listed items do not infringe upon the intellectual property,
trade secret or other proprietary rights or rights of publicity or privacy
rights of third parties. Listings may only include text descriptions, graphics
and pictures that describe your item for sale. All listed items must be listed
in an appropriate category on the Site. Soliciting business offline or outside
of the Site, by indicating your contact details (e.g. contact phone number,
address or e-mail ID) in the item listing or elsewhere on the Site other than
in the Registration data is expressly prohibited and would be considered as a
breach of the User Agreement. All listed items must be kept in stock for
successful fulfillment of sales.
The
listing description of the item must not be misleading and must describe actual
condition of the product. If the item description does not match the actual
condition of the item, you agree to refund any amounts that you may have
received from the buyer. You agree not to list a single product in multiple
quantities across various categories on the site. chintadripet.com reserves the right
to delete such multiple listings of the same product listed by you in various
categories.
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 i.e. the reserve price as
defined by the seller in a reserve auction), you are legally obligated to
complete the transaction sale contract with the Winning buyer upon the item's
sale online. You must contact the Winning buyer within 72 hours of item selling
successfully and supply the item to the Winning buyer in a merchantable
condition within 48 hours of receiving the payment from the Winning buyer,
unless there is an exceptional circumstance, such as:
- The
Winning buyer fails to meet the terms of your listing (such as payment
method), or
- You
cannot authenticate the Winning Buyer's identity. Without limiting any other
remedies, chintadripet.com may suspend or terminate your account if you are found
to have engaged in fraudulent activity in connection with the use of the
Site. As sellers on the Site we encourage you to post feedback on the buyer
after the auction is closed.
- Feedback
We encourage buyers and sellers on the Site to provide feedback to each other
after the transaction has closed, this helps all Users to know what it is
like to deal with the said buyer/seller. After you conduct a transaction,
we encourage you to leave feedback for the buyer or seller that you dealt
with. Please remember that you cannot retract the feedback once you have left
it. Your feedback will be displayed along with your user ID. chintadripet.com
will not be responsible for the feedback that you post on the Site and you
should be careful about making comments that are not factual in nature.
You
may not take any actions that may undermine the integrity of the feedback
system. If you continue to receive negative feedback ratings, chintadripet.com reserves
the right to suspend your membership, and you will be unable to list, buy or bid
on the Site.
Export- You
acknowledge that your feedback consists of comments left by other Users and a
composite feedback number compiled by chintadripet.com, and that the composite number
without the comments does not convey your full user profile. As feedback ratings
are not designed for any purpose other than for facilitating trading between the
Users, you agree that you shall not market or export your chintadripet.com feedback
rating in any venue other than on the Site.
Import- We
do not provide the technical ability to allow you to import feedback from other
websites to chintadripet.com because a composite number, without the corresponding
feedback does not reflect your true online reputation within our community.
- No
Warranty
chintadripet.com 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. You expressly agree that your use of the Site
is at your sole risk.
- Limitation
of Liability
In no
event shall chintadripet.com or its suppliers 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). chintadripet.com's
liability in any circumstance is limited to the amount of fees, if any, paid
by you to chintadripet.com. chintadripet.com, its associates and technology
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, chintadripet.com assumes 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 chintadripet.com shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if chintadripet.com has been advised of the possibility of such damages).
- 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 User Agreement or the documents
it incorporates by reference, or your violation of any law or the rights of
a third party.
- Relationship
and Notice
None of the provisions of the User Agreement shall be deemed to constitute
a partnership or agency between you and chintadripet.com and you shall have
no authority to bind chintadripet.com in any manner whatsoever.
Except
as explicitly stated otherwise, any notices shall be given by email to the email address you provide to us
during the registration process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified mail,
shipping prepaid and return receipt requested, to the address provided to us
during the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
- Arbitration
If any dispute arises between you and chintadripet.com during your use of
the Site or thereafter, in connection with the validity, interpretation, implementation
or alleged breach of any provision of the User Agreement, the dispute shall
be referred to a sole Arbitrator who shall be an independent and neutral third
party identified by chintadripet.com. The place of arbitration shall be Chennai.
The Arbitration & Conciliation Act, 1996, shall govern the arbitration
proceedings. The arbitration proceedings shall be in the English language.
- Governing
Law
The User Agreement shall be governed and construed in accordance with the
laws of India.
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