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eBay.in User Agreement - Till July 25, 2018
This User Agreement is effective upon acceptance for those users who accept it through registration of an eBay.in account, and from August 1, 2017 to July 25, 2018 for existing users. See the previous User Agreement. See the new User Agreement from July 26, 2018 onwards.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the User Agreement, User Privacy Notice, and rules and regulations for access or usage of the www.ebay.in website.
This User Agreement, the User Privacy Notice, the Mobile Device Terms and all policies posted on eBay.in set out the terms on which we offer you access to and use of www.ebay.in (herein “the Website”) and associated services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.
Your use of the Services is governed by the following terms and conditions. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 1st August, 2017 ("User Agreement"). You are contracting with Mintkart India Private Limited (formerly eBay India Private Limited), a company incorporated under Companies Act, 1956 with its registered office at No. 1261, 6th Floor, Building No. 12, Solitaire Corporate Park, No. 167, Guru HargovindJi Marg, Andheri (East), Mumbai - 400093, Maharashtra (India) (hereinafter referred to as “MIPL”). These terms and conditions constitute your binding obligations towards MIPL.
For the purpose of the User Agreement, Registered User/Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User/Guest User using the computer systems of the Website and accepted this electronic version/electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and the eBay.in Rules and Policies , please do not click on the "check box " and on the “continue” button or “Pay Now” button and do not seek to obtain access to or otherwise use the Website.
Amendments: MIPL may amend this User Agreement and/or eBay.in Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via the Website’s Announcement Board (hereinafter referred to as an “AB Post”) and/or as per the notification preference provided by you to MIPL. The revised version will be effective at the time MIPL posts it on the Website/AB Post or as communicated on AB post or as communicated to you per the notification preference provided by you to MIPL (as the case may be). In addition, if the revised version of this User Agreement includes a Substantial Change, MIPL will provide you with a minimum seven (7) days' prior notice of such Substantial Change/s by an AB Post or as per the notification preferences provided by You to MIPL. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in eBay.in Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by eBay.in Rules and Policies as provided from time to time in the following hyperlinks:
Please note: various underlined words and phrases are hyperlinked to various rules and polices on the Website.
eBay.in is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers. eBay.in is not a traditional auctioneer.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, MIPL has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. MIPL reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to MIPL’s notice or if it is discovered that you are under the age of 18 years.
2. Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by the eBay.in registration form or provided by You as Guest User (such information being the "Registration Data") 2. You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User; 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 current or incomplete or MIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, MIPL has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
3. Electronic Communications
When You use the Website or send emails or other data, information or communication to eBay.in, You agree and understand that You are communicating with MIPL through electronic records and You consent to receive communications via electronic records from MIPL periodically and as and when required. MIPL will communicate with You by email or by an AB Post notice or electronic records on the Website which will be deemed adequate service of notice / electronic record.
4. Fees and Services.
Membership on the Website is free. MIPL does not charge any fee for browsing, bidding and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy which is hereby incorporated by reference into this User Agreement. MIPL reserves the right to change its Fee and Credit policies from time to time. In particular, MIPL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event MIPL 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 and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to MIPL within such time as specified in the invoice. You shall make the payments of these invoices in the name of MIPL. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to MIPL.
4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cess(es), duty etc. levied thereon.
4.2 Non payment: MIPL reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to MIPL. We also reserve the right to take legal action in case of non-payment of fees by you to MIPL. For example, MIPL at its sole discretion reserves the right to collect or recover or settle any or all fees due and payable by you to MIPL under your one or more accounts by deducting the amount owed from any of your PaisaPay account/s balance or by other collection mechanism including, without limitation, by charging the other payment methods on file with us, retaining collection agencies and legal counsel, and instructing our payment partner to deduct the amount owed from your account with the payment partner.
5. Use of the Website
5.1. You understand and agree that MIPL and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. MIPL neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. MIPL has no control over the third party user generated contents.
5.2. You agree, undertake and confirm that your use of the Website 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 Website ("Users") in the registration (as Registered User or as Guest User), 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 only as a passive conduit for your online distribution and publication of Your Information.
2. Your Information (or any items listed):
The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with the User Agreement, User Privacy Notice, or rules and regulations for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(j) is false, inaccurate or misleading;
(k) directly or indirectly, offers, attempts to offer, trades or attempts 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, MIPL does not permit transactions in the following items, including but not limited to categories as stated in the Prohibited and Restricted Items Policy .
(l) creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(m) links directly or indirectly to or includes descriptions of items, goods or services that:
3. Solely to enable MIPL 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. MIPL will only use Your Information in accordance with the User Agreement and eBay.in’s User Privacy Notice .
4. 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 Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5. In the event that any transaction or attempted transaction relating to any item, good or service which is violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform MIPL of the same. If you are a Registered User, you may contact MIPL.
6. 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 Website as per the applicable Shill Bidding Policy which is incorporated by way of reference in this User Agreement.
7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Environmental Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax (GST), 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 Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, 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.
8. 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 item-specifics of such items or services so as to mislead other Users in any manner.
9. You shall not attempt to or circumvent or manipulate, in any manner whatsoever, our Fee structure, the billing process or Fees owed to MIPL as detailed in eBay.in Rules & Policies and incorporated by way of reference in this User Agreement.
6. Platform for Communication. The Website is only a venue where Users may meet and interact with one another for their transactions. MIPL is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. MIPL does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
2. MIPL is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). MIPL cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. MIPL shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. MIPL does not make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, MIPL does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. MIPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. MIPL does not make any representation or warranty as to the item-specifics (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 Website and use your best judgment in that behalf.
5. MIPL does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. MIPL 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.
7. At no time shall any right, title or interest over the items vest with MIPL nor shall MIPL have any obligations or liabilities in respect of such contract. MIPL 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 by sellers are only for a restricted time and only for the available supply as offered by sellers.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify MIPL 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MIPL cannot control the information provided by other Users, which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Our current User Privacy Notice is available at http://pages.ebay.in/help/policies/privacy-policy.html. If you object to your Information being transferred or used as described in the User Privacy Notice, please do not use the Website.
7A. Your Consent:
By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by MIPL in accordance with the eBay.in User Privacy Notice.
8. PaisaPay Facility
With PaisaPay Facility, Payments for items on the Website can be made through the electronic or through Cash on delivery transactions, as may be permitted by MIPL to the website seller(s) in its sole discretion. PaisaPay Facility also enables automated collection and remittance services using the current Indian banking and credit/ debit/ cash card/ paymate/ oxicash/ zipcash and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be, of payment or supporting the same in any manner. PaisaPay Facility could be availed under PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and other PaisaPay Rules and Policies. You would be asked by MIPL to separately accept the aforesaid PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and other PaisaPay rules and policies as may be required and applicable for your nature of activities.
Without limiting other remedies, MIPL may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
1. If you breach the User Agreement or User Privacy Notice or PaisaPay User Agreement or PaisaPay Seller Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;
2. If MIPL 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 MIPL.
MIPL may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with eBay.in or use the Website in any manner whatsoever until such time that such User is reinstated by MIPL. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, MIPL reserves the right to recover any amounts due and owing by you to MIPL and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
10. Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy It Now format) on the Website 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 cancelled. 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 Website 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.
MIPL strongly advises you not to test the Website with false bids/purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card / paymate, oxicash/ zipcash and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Wilfully entering erroneous or fictitious bids may result in prosecution by government authorities and suspension of your eBay.in account
As a Winning buyer you must contact the seller within 72 hours of auction closing successfully.
Please be aware that even if you do not give MIPL your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website, 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 Website or it is illegal to export the same and 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.
11. 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. MIPL’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.
12. eBay.in Guarantee*
The eBay.in Guarantee* seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the eBay.in Guarantee*. The coverage under this program is restricted to such amount as may be provided in the eBay.in Guarantee*.
• If MIPL has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then MIPL may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
• MIPL reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, MIPL may at its sole discretion suspend, block, restrict, cancel the user id [and related user ids, if any] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or MIPL under the eBay.in Guarantee, you authorize MIPL to deduct or hold the reimbursement amount (in same or other currency) from any of your PaisaPay accounts, place the amount on your invoice and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums as stated in clause 4.2 above, using other collection mechanisms, including retaining collection agencies.
We may suspend the eBay.in Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed in the eBay.in Rules and Policies which Policy is incorporated by way of reference in this User Agreement. You must be legally able to sell the item(s) you list for sale on our Website. 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 Website. All listed items must be kept in stock for successful fulfilment 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. MIPL 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 as per the shipping and delivery details mentioned in item description to the Winning buyer in a merchantable condition upon receiving the payment from the Winning buyer and in case of buyer making payments using PaisaPay Facility, upon receiving of payment intimation from PaisaPay Facility in accordance with PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and PaisaPay Rules and Policies, unless there is an exceptional circumstance, such as:
1. The Winning buyer fails to meet the terms of your listing (such as payment method), or
2. You cannot authenticate the Winning Buyer's identity provided you have not received any payment from the Winning Buyer. Without limiting any other remedies, MIPL may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website. As sellers on the Website we encourage you to post feedback on the buyer after the auction is closed.
14. Auction Close
An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Notwithstanding the foregoing, a reserve auction will be considered as successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date.
Immediately after any auction is successfully closed an e-mail is sent to both the Winning bidder and the seller providing each of them the contact information of the other party (contact phone number if allowed by them when bidding/selling) to enable them to get in touch with each other to fulfil the transaction. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on Website.
We encourage Registered buyers and sellers on the Website 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, if applicable, 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. MIPL will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, MIPL reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.
Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by MIPL, 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 Website feedback rating in any venue other than on the Website.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database rights and other intellectual property rights you have in or to the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer catalogues of stock images (includes 3D or 2D images), descriptions, product specifications and other multimedia content including videos, which are provided by third-parties (including eBay.in users). You may use catalogue content solely in connection with your eBay.in listings during the time your listings are on eBay.in.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all MIPL policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
To protect MIPL from risk of liability for your actions as a seller, MIPL has at times recommended, and may continue to recommend, that MIPL restrict access to funds or put a hold in a seller's PaisaPay account(s) based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing or pending for decision of a claim under an eBay.in Guarantee. This may result in MIPL determining to restrict or hold funds in any of your PaisaPay accounts.
Authorization to Contact You; Recording Calls
You consent to receive autodialled or pre-recorded calls and text messages from MIPL at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or PaisaPay or any other agreement we may have with you. Standard telephone minute and text charges may apply.
MIPL may share your telephone numbers and other personal data or information with our service providers (such as Logistic Service Providers, billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, applicable law, or PaisaPay or any other agreement we may have with you. You agree these service providers may also contact you using autodialled or pre-recorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
MIPL may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with MIPL or its agents for quality control and training purposes or for its own protection.
Privacy of Others; Marketing
If eBay.in provides you with information about another user, you agree that you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
16. No Warranty
MIPL and its suppliers, affiliates and service provider provide the Website and services including PaisaPay "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 Website and PaisaPay is at your risk.
17. Limitation of Liability
In no event shall MIPL or its suppliers, affiliates and service providers 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 Website and PaisaPay Facility, its services or this User Agreement (however arising, including negligence).
MIPL’s liability in any circumstance is limited to the amount of fees, if any, paid by you to MIPL. MIPL, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or PaisaPay Facility will be error free and/or uninterrupted. Consequently, MIPL 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 Website or PaisaPay Facility; and/or any occurrence of natural disastrous or outage http://pages.ebay.in/help/policies/everyone-outage.html.
2. Any interruption or errors in the operation of the Website or PaisaPay Facility. You expressly understand and agree that MIPL 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 MIPL has been advised of the possibility of such damages).
You shall indemnify and hold harmless MIPL and (as applicable) MIPL’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, eBay.in Rules and Policies, PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and PaisaPay Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and MIPL and you shall have no authority to bind MIPL in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of eBay.in to Mintkart India Private Limited (formerly eBay India Private Limited), Attn: Legal Department, at No. 1261, 6th Floor, Building No. 12, Solitaire Corporate Park, No. 167, Guru HargovindJi Marg, Andheri (East), Mumbai - 400093, Maharashtra (India) (in the case of eBay.in) or 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, postage 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.
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.
This User Agreement sets forth the entire understanding and agreement between You and MIPL with respect to the subject matter hereof.
In MIPL sole discretion, MIPL may transfer its rights and obligations (also known as “assign”) under this User Agreement without your prior express consent, provided that MIPL assigns the Agreement on the same terms or terms that are no less advantageous to You.
19A. Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.
If any dispute arises between you and MIPL during your use of the Website or PaisaPay or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, PaisaPay User Agreement and PaisaPay Seller Terms and Conditions or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by MIPL. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
21. Governing Law
The User Agreement, PaisaPay User Agreement and PaisaPay Seller Terms and Conditions or the documents they incorporated by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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