Terms & Condition
These are the terms and conditions governing your use of the website. www.ahbilimoria.com (hereinafter referred to as "the Site") and the general principles for the websites and constitutes your binding obligations towards www.ahbilimoria.com (hereinafter referred to as www.ahbilimoria.com) ("User Agreement").
This Agreement is effective upon acceptance in registration for new registering users, www.ahbilimoria.com may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective immediately after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. 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 www.ahbilimoria.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 sever able 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 www.ahbilimoria.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 www.ahbilimoria.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 www.ahbilimoria.com user.
Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. www.ahbilimoria.com reserves the right to terminate your membership and refuse to provide you with access to the site.
1. 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:
1. Provide true, accurate, current and complete information about yourself as prompted by www.ahbilimoria.com's registration form (such information being the "Registration Data")
2. You must not include any of your contact details such as email addresses etc in your username; and
3. 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 correct or incomplete or www.ahbilimoria.com has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, or not in accordance with the User Agreement, www.ahbilimoria.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
2. 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.
3. Fees and Services.
Membership on the Site is free. www.ahbilimoria.com does not charge any fee for browsing, bidding and buying on the Site.
4. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
1. "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.
2. www.ahbilimoria.com is not responsible for any non-performance or breach of any contract entered into between Users. www.ahbilimoria.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. www.ahbilimoria.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. www.ahbilimoria.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, www.ahbilimoria.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Site. www.ahbilimoria.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. www.ahbilimoria.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.
5. The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. www.ahbilimoria.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 www.ahbilimoria.com nor shall www.ahbilimoria.com have any obligations or liabilities in respect of such contract. www.ahbilimoria.com is not responsible for unsatisfactory or delayed performance of services or damages or delays or otherwise unavailable.
6. You shall independently agree upon the manner and terms and conditions of delivery, payment with the other registered Users that you transact with.
7. You release and indemnify www.ahbilimoria.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, www.ahbilimoria.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.
5. 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.
6. Breach
Without limiting other remedies, www.ahbilimoria.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:
1. If you breach the User Agreement or the documents it incorporates by reference;
2. If www.ahbilimoria.com is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or www.ahbilimoria.com.
www.ahbilimoria.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 www.ahbilimoria.com or use the Site in any manner whatsoever until such time that such User is reinstated by www.ahbilimoria.com. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, www.ahbilimoria.com reserves the right to recover any amounts due and owing by you to www.ahbilimoria.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
7. 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.
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.
www.ahbilimoria.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 Willfully entering erroneous or fictitious bids may result in prosecution by www.ahbilimoria.com.
Please be aware that even if you do not give www.ahbilimoria.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.
8. Priority in Bidding
In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
1. Price: The higher price bids always supersedes the lower price bids;
2. Quantity: Between bids of the same price, the bid for the higher quantity shall supersede;
3. Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede
9. 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. www.ahbilimoria.com reserves the right to delete such multiple listings of the same product listed by you in various categories.
10. No Warranty
www.ahbilimoria.com 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.
11. Limitation of Liability
In no event shall www.ahbilimoria.com 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).
www.ahbilimoria.com’s liability in any circumstance is limited to the amount of fees, if any, paid by you to www.ahbilimoria.com. www.ahbilimoria.com 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, www.ahbilimoria.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
2. Any interruption or errors in the operation of the Site. You expressly understand and agree that www.ahbilimoria.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 www.ahbilimoria.com has been advised of the possibility of such damages).
12. 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.
13. Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and www.ahbilimoria.com and you shall have no authority to bind www.ahbilimoria.com in any manner whatsoever.
14. Arbitration
If any dispute arises between you and www.ahbilimoria.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 www.ahbilimoria.com. The place of arbitration shall be Kolkata. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
15. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India.
