Rediff Auctions - Terms and Conditions

Terms and Conditions

Welcome to Rediff Auctions service provided by Rediff.com India Ltd (.Rediff.com.). The terms and conditions contained herein alongwith the Privacy Policy form an Agreement regulating our relationship with regard to use of Rediff Auctions by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this Service. You can use the Rediff Auction Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Rediff.com India Ltd. (for Rediff Auctions).

1 Definitions:

.Agreement. means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time..

.Rediff Auctions./ .Site. means the online auction platform owned and operated by Rediff.com India Ltd. (.Rediff.com.), which facilitates by providing a venue to the users to sell and/or buy the products and/or services (also referred to as .items.) listed on Rediff Auctions, by auction.

.Vendor./ .Auctioneer. shall mean the person or any legal entity who offers for sale, sells the products and/or services on Rediff Auctions.

.Bidder. / .Buyer. shall mean the person or any legal entity who makes a bid for and or purchases any products and/or services offered for sale on Rediff Auctions.

.User./.You. means and includes yourself, any Bidder or any person or an entity using or accessing the services provided on this Site.

2 Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

3 Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the Rediff Auctions services. Rediff.com provides the online auction platform wherein the users can sale, bid and buy the products listed on Rediff Auctions (the "Services") pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Rediff.com may terminate the service at any time, with or without cause. However, Rediff.com reserves the right, in its sole discretion, to terminate your access to the Rediff Auctions services and the related services or any portion thereof at any time, without notice. The provisions of Sections 5, 10, 15, 16, 17 and 21 shall survive any such termination

4 Modification of Terms and conditions of Service:

Rediff.com may at any time modify the terms and conditions (.Terms.) of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

5 Registration Data:

To avail of and use the Services you will have to register with Rediff Auctions. As a part of registration process you agree to provide Rediff Auctions current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or Rediff.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rediff.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Rediff Auctions.

You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Rediff.com.

You agree and understand that Rediff Auctions service is advertising supported and you grant Rediff.com the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant Rediff.com the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.

You shall notify customersupport@rediff.co.in of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

If Rediff.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rediff.com has the right to indefinitely suspend or terminate User.s membership and refuse to provide User with access to Rediff Auctions.

6 Electronic Communication:

Users consents to receive communications from Rediff.com electronically. Rediff.com will communicate with Users by email or by posting notices on the Site.

7 Online Auction Platform :

You agree, understand and acknowledge that Rediff Auctions is an online auction platform, a venue enabling the users to bid and offer to buy any product listed on Rediff Auctions at any price at any time from any place. You further agree and acknowledge that Rediff Auctions is not involved in any sell and purchase of goods/products listed on this Site. Rediff Auctions is only a facilitator, a intermediary and is not and cannot be a party to or control in any manner any transactions between the Auctioneer and/or Bidder. Rediff Auctions shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.

Rediff Auctions shall neither be liable nor responsible for any actions or inactions of Vendors and/or Bidders or any breach of conditions, representations or warranties by the Vendor.

Rediff Auctions does not sell or retail any products and does not ensures that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Rediff Auctions.

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk. You are advised to independently verify the attributes, accuracy, authenticity and bona fides of the products and /or Vendors and use your best and prudent judgement before entering into any transaction through this Site.

The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Rediff Auctions 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 Rediff Auctions nor shall Rediff Auctions have any obligations or liabilities in respect of such contract. Rediff Auctions 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, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

Rediff Auctions accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Rediff Auctions is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.

All orders/winning bids shall be pre-approved with an acceptable method of payment as established by Rediff Auctions which may call for and require additional verification or information.

8 Invitation to offer:

The information contained on this Site is an "invitation to offer". Your bid for purchase of products listed on this Site constitutes your "offer" which is subject to the conditions listed below. On receipt of your "offer" Auctioneer will have the discretion to accept or reject your "offer". Once your "offer" is accepted, the acceptance will constitute a binding contract between yourself and the Auctioneer and you will be obligated to complete the transaction.

9 Bidding and Buying:

The Vendor can stipulate the Reserve Price for the products offered for sale on Rediff Auctions. The Bidder shall not be considered to be the Winning Bidder if his/her bid does not meets the Vendor.s stipulated Reserve Price.

The Vendor reserves the right to close the Auction at any time before the Auction End Date. The Auction shall be considered to be closed upon the discretion of the Vendor or the Auction End Date whichever is earlier.

Notwithstanding anything mentioned hereinabove Rediff.com reserves the right to suspend/remove the auction in respect of any item/product/services at any time at its sole discretion without assigning any reasons thereto and shall not be liable for any claims, damages or losses, if any, that may be incurred by any user or any third party.

Subject to the generation of order, the address at which delivery of the product won by you are to be made should be correct and proper in all respects.

After the receipt of payment from the Winning Bidder, the Vendor shall arrange for the delivery of the product at the shipping address provided by the Winning Bidder

Before placing an order you are advised to check the product description carefully. Orders once placed by you cannot be withdrawn or cancelled. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

Any and all bids made by you on this Site are a firm commitment to purchase. If you are the purchaser/winning bidder for any item and your purchase bid is accepted by the Vendor, you are obligated to complete the transaction and not contest it in anyway.

You further agree and undertake that you will not render false bids. In the event it is found that you indulge in rendering false bids, your membership will be terminated notwithstanding any legal remedy against you that may be available to Rediff.com.

Vendor.s decision on the success or otherwise of a bid shall be final and binding. Vendor reserves the right to reject or void bids, whether winning or not, that Vendor deems not to have been made in good faith, or that are restricted or prohibited.

10 Representations and warranties:

You represent and warrant that:

(a) 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.

(b) 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.

(c) 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 or through any e-mail feature to bypass Rediff Auctions.

(d) You represent and warrant that Rediff Auctions shall not and is not required to mediate or resolve any dispute or disagreement between Users.

(e) You release and indemnify Rediff Auctions 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, Rediff Auctions cannot control the information provided by other Users which is made available on the Site

11 Credit card details - Data collected by Rediff Auctions:

You agree, understand and confirm that the credit card details provided by you for availing of services on Rediff Auctions will be stored on Rediff servers and the last four digits of your credit card number will be displayed when you are logged on to the Service. You further agree and understand that the said details shall be used by Rediff Auctions for any bids and purchases that may be made by you on the Rediff Auctions. In the event you choose to use any credit card other than the one already registered (the information of which you had provided to Rediff Auctions), the details of the credit card being used by you in your last winning bid will be treated as your existing credit card registered with Rediff Auctions. You further agree and undertake to provide the correct and valid credit card details to Rediff Auctions. Further the said information will be not be utilized and shared by Rediff Auctions with any of the third parties unless required by law, regulation or court order.

12 Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to Rediff Auctions, Rediff Auctions may in its sole discretion limit your activity by either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

(a) If you are in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of Rediff Auctions;

(b) If the you have provided wrong, inaccurate, incomplete or incorrect information;

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Rediff Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

13 Indemnity:

You agree to defend, indemnify and hold harmless Rediff Auctions, Rediff.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of the your infringement of any applicable laws, regulations, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

14 Limitation of Liability

REDIFF HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER.S CONDUCT AND THAT REDIFF RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL REDIFF SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE REDIFF SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF REDIFF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE REDIFF SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE REDIFF SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE REDIFF SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REDIFF OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. REDIFF DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES.

THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

15 Privacy Policy:

Use of this site is subject to our Privacy Policy. Rediff Auctions respects your privacy. Rediff Auctions will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.

16 Disclaimer:

The information about the products/services published on Rediff Auctions site are provided by Rediff on the basis of the information received from the product manufacturers and service providers and are on an "as is where is" basis. Rediff makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, products or services, included on this site. To the full extent permissible by applicable law, Rediff disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Rediff will not be liable for any damages of any kind arising from the use of this site or any of the products/services offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. Rediff only facilitates the sale of products/services between the Vendor and the Bidder and does not directly or indirectly sell or retail any products/services.

REDIFF.COM EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE REDIFF SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REDIFF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

VENDOR SPECIFICALLY AGREES THAT REDIFF SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN REDIFF SITE/SERVICE. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. VENDOR SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN REDIFF SITE/SERVICE BY ANY THIRD PARTY.

ADVICE RECEIVED VIA THE REDIFF SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

17 Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rediff with respect to the Rediff sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rediff with respect to the Rediff sites/services. Rediff.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

18 Governing Law and Jurisdiction:

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Rediff sites/services. Use of the Rediff sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Rediff, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Rediff sites/services.

Rediff performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rediff's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Rediff sites/services or information provided to or gathered by Rediff with respect to such use.

19 Trademarks

Rediff.com, Rediff.Auctions, Rediffmail.com, Rediff.co.in and any other expression that contains the word "Rediff" are the worldwide trademarks of Rediff.com India Limited. These trademarks may not be used in connection with any product or service that is not that of Rediff.com India Limited.