Terms and Conditions / User Agreement

1. Introduction

This web site referred to as 'gaplonline.com' (hereinafter referred to as "site") contains comprehensive information about Auctions. This site is owned and operated by M/s Gandhi Auctioneers PVT. LTD. (hereinafter referred to as "Owner"). This site is provided for your personal information, education and communication.

We invite you to visit the site at your convenience. However, being allowed to access the site, you bind yourself into this USER AGREEMENT that contains terms and conditions as set out hereinafter.

Please note that by accessing and browsing the site, you acknowledge that you have read the terms and conditions on this site, as well as all other policies described in the site and that you accept and agree to be bound by the same, without limitation or qualification. If you do not accept the terms and conditions let down in this user agreement, do not use this website.

a. Changes to Terms and Conditions

These terms can be changed from time to time and without further notice. Your continued use of this site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these changes or any further terms, please do not use the site or download material from it.

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. This agreement was last revised on 30/08/13. You are advised to regularly check these terms and conditions for any amendments or updates.

Owner may terminate, change, suspend or discontinue any aspect of the site, 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 site. Owner may impose limits on certain features and services or restrict your access to any or all of the parts of this site without notice or liability. Owner may terminate your use if the site at any time in its sole discretion.

These terms apply exclusively to your access to use of the site and do not alter the terms or conditions of any other agreement you may have with owner.

b. Force Majeure

The site shall have no liability to you for any interruption or delay in access to the site irrespective of the causes.

c. General

I. International

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.

II. Applicable Laws

The Indian laws will govern this Agreement. Judicial Court at Mumbai will be the jurisdiction over any dispute arising out this agreement.

Except for third party sites, this site is controlled and operated by Gandhi Auctioneers Private Limited from its office located at 302, Bluechip C.D.Barfiwalla marg, Andheri (W) 400058 the state of Mahrashtra, India. Although this site may be accessed from any state, as well s from other countries, by accessing this site you 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 owner agree and hereby submit to the exclusive personal jurisdiction and various courts of Mumbai.

III. Other

These terms constitutes the entire agreement between you and owner governing your use of the site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shell be deemed to be serve able from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms of your use of the site must be filled within one month after it arose or be permanently barred.

d. Specific

Specific site function exclusively as an information intermediary between buyers and sellers of goods. As an intermediary, site makes no warranty, express or implied, for any of the listed equipment's 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 site accepts no responsibility for any errors or omissions. All of the equipment offered herein is subject to prior sale or withdrawal by the owners.

All buyers who are exposed to each other through this site must exercise normal commercial and legal caution in mutual dealing as applicable in their state of business. Site accepts no responsibility for any wrong doing by any side.

I. Each registration is separate for every member. Therefore, we do not permit any of the following:-

II. Gaplonline.com's auction is the singular and the only judge regarding determination of winning bidder. Gaplonline's auction is the sole decision maker in the event of a dispute and accepts no liability for any or all errors or omissions.

III. Gaplonline's site acts as the venue for seller to conduct auction and for bidders to bid on seller's goods. Normally, seller assures the sale and the buyer is bound to lift the goods. If buyer fails his EMD is forfeited. We 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.

IV. Gaplonline's auction 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.

V. Gaplonline's auction will not have any liability or obligation to the intended bidders as a result of any postponement, cancellation, or withdrawal by Gaplonline's auction.

e. Gaplonline's auction 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. Gaplonline's auction is not responsible for e-mail transmission times or delays. On all issues relevant to technical parameters, the technical determinations of bid2buyonline's auction's servers will prevail over all others.

I. In no event shall Gaplonline's auction be liable for any damages, whatsoever, and Gaplonline's auction shell 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 presence or the information contained in it, whether such damages arise in negligence or otherwise.

II. Other products and companies referred to herein are trademarks or registered trademarks of their respective companies or trademark holders.

III. Any changes posted to the site 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 site after that time.

IV. Gaplonline shall have no liability to you for any interruption or delay in access to the site irrespective of the cause.

V. All bids are non-cancellable once submitted.

VI. The site does not represent or warrant the description, accuracy, quality, quantity, correctness, soundness, make, manufacture, model of the goods posted by sellers for auction in auction.

VII. The site are 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 merchant, or fail to draw bids above the posted minimum bid.

VIII. The site is not responsible for bids not being processed or not being accepted due to technical difficulties.

IX. The site reserves the right to reject or void bids, whether successful or not, that gaplonline.com believe, in their sole discretion, not to be made in good faith, or which are restricted, taxed, or prohibited by law.

X. Each auction is conducted independently, and the sale formats, terms & conditions of the sale and minimum bids may change from auction to auction.

XI. The site may reinstate your currently unsuccessful bid to currently winning status at your last bid price.

XII. It is a violation of law to make bids in a false name, even if the site may initially accept such a bid. 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.

XIII. The site 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.

XIV. Indian Law will govern the agreement. The Indian courts will have exclusive jurisdiction over any disputes arising under this agreement.

f. Other terms and Conditions:

I. Usage

Our Services are available only to business firms or authorized representatives or individuals who can legally enter into binding contracts under applicable laws. Minors are prohibited from utilizing our Services.

II. Account Activation

Each participant is required to register prior to utilizing the Service. To become Registered Participants, you will have to pay Caution Money Deposit (CMD) for each individual sale. The amount of CMD to be paid is flexible and varies from auction to auction.

III. Interference with the Services

You agree not to use any device, software or routine to interfere or attempt to interfere with any of the Services, the website or domain or any auction being conducted on such site. You agree not to impose any large load on system. You agree not to put any material into the website or domain which contains any viruses, or other computer programming routines that may damages, interfere with, surreptitiously intercept or expropriate any system, data or personal information, and agree to indemnify and hold harmless 'the site' from any damages, claims, or causes of action related to or arising out of the exposure of the website or domain to such programming routines, whether advertent or inadvertent.

IV. Unique ID

You are solely responsible for all actions conducted with your User ID, and agree not to use your User ID for any unauthorised purpose. You agree not to disclose your User ID to any third party, and to take all necessary precautions to prevent unauthorised use of such User ID by any third party. You hereby agree to waive any rights, claims, or causes or action against 'the site' arising out of or related to the use, whether authorised or unauthorised, of your User ID.

V. Termination

You agree that 'the site', in its sole discretion, may terminate any aspect of your use of any of the Services immediately and without notice if 'the site' believes: (a) that you have breached any provision of this User Agreement, or (b) that you have violated the rights of other users of the Services. You agree to waive any rights, claims or causes of action against the Owner.

VI. Disclaimer and warranties

I. Each user understands and agrees that any material and / or data downloaded from the services or website 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.

II. No advice or information, whether oral or written, obtained by you from 'the site' or through or from the services shall create any warranty not expressly stated herein.

III. In some countries, laws do not allow the exclusion of certain warranties, so some of the above disclaimers and / exclusions may not be applicable to you.

IV. The site disclaim all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness, for a particular purpose, title, and non-infringement.

V. Waiver and limitations of liability: You agree that none of 'the site', 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:

You agree that none of 'the site', 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 'the site' website.

You here by agree that 'the site' (and its employee's and agent's) liability to you or any other party in any circumstances is limited to Rs. 1000/-

VI. General compliance with laws

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.

VII. Taxes

You are responsible for paying all applicable taxes (including, but not limited to, sales tax, excise duty, custom duty, octroi, regardless of whether these taxes are included in any payment to 'the site'). All other customers are responsible for directly submitting any sales tax required by the laws of their state of residence to the appropriate taxing authority. You agree to hold the harmless for any taxes and liabilities that arises out of India.

VIII. Foreign transactions

Foreign participants are responsible for all customs declarations, taxes, duties, or other assessment that may be applicable to a sale or purchase by them. You agree to indemnify and hold harmless the owner from any all losses, damages, liability, obligations, assessments, suits, actions, proceedings, claims or demands, including costs, expenses, and fees (including reasonable attorney's fees and expert witness fees incurred in connection therewith) arising out of any foreign transaction.

IX. License

By registering with the site, you grant to 'the site' a non-exclusive, world wide, 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.

X. No resale or unauthorized commercial use

This agreement, including all your rights and obligations hereunder, shall not be assignable by you without the prior written consent of 'the site'. You also agree not to make any unauthorized commercial use of our services.

XI. No Agency

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 site' and any user of the services.

XII. Notice

Any notice to you shall be made in writing by either: (a) e-mail to the address provided by you to 'the site' during the registration process, and such notice shell 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) 'The site' by you during the registration process.

2 User Conduct

a. User conduct - General
In using this site, you agree:

I. Not to disrupt or interface with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliated or linked web site.
II. Not to disrupt or interface with any other user's enjoyment of the site or affiliated / linked website.
III. Not to upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files.
IV. 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.
V. Not to attempt to obtain unauthorized access to site or the portion of the site which are restricted from general access.

In addition, 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.

b. User conduct - online communication and other interactive areas

The site may contain the area where you may post and share comments with other site user on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the site unlawful, harassing, libelous, abusive, offensive, threatening, or obscene communication or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations; or, that are otherwise objectionable, including without limitations, content that evidence bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against any one. Owner reserves the right but not the obligation to remove any material it deems objectionable. You agree to hold harmless owner and its affiliates and parties with whom owner has contracted for purpose of hosting or maintaining this site from all claims based upon communications made or materials posted by other user by third parties of this site.

c. Online communication on and through the site

Except as otherwise provided in our privacy policy mentioned elsewhere on this site, you agree that any communication you transmit to anyone through the site or copyrighted works you post on the site, including without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase order, quotes, performance data, account information, or other material, data or information (referred to as "Information"), are non-confidential and upon transmission of such information to owner via email or other means you grant to owner an irrevocable, non-exclusive, royalty-free, sub-licensable, world wide license (including but not limited to a copyright license) to use such information for any purpose.

Copyright © 2013 Gandhi Auctioneers Pvt. Ltd. in partnership with Akshat Consulting

Gandhi Auctioneers Pvt. Ltd.
Phone: 91-22-26243832