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04 Sep. 2010

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Terms and Conditions

	Welcome to Buy n Sell (India).com, your own online trading community. These terms and conditions are intended to assist keep Buy n Sell (India).com a safer place to trade. 1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Buy n Sell (India).com offers you access to the Services and the Website. By registering as a member of Buy n Sell (India).com you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Buy n Sell (India).com from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions of our website. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions were last updated 1st January 2010. 1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out: 'item', 'items' means goods or property that may be bought or sold through the auction or classified process; 'member' means a registered member of Buy n Sell (India).com; 'Services' means any one or more of the services offered by Buy n Sell (India).com from time to time, including online auctions, classifieds, message boards, community forum, sms alerts and any other service that Buy n Sell (India).com may offer; 'we', 'us' and 'our' are a reference to Buy n Sell (India).com; 'you' and 'your' are a reference to you; 'Website' means any Buy n Sell (India).com website through which the services are offered; 'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified; 'seller' includes any person placing a listing; bidder/buyer includes any person who bids or buys/purchases any goods/items on our website. 2. SPECIFIC WARNINGS 2.1 The services: Buy n Sell (India).com provides a venue to introduce members who want to buy and sell items. Buy n Sell (India).com does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. See our Safe-Pay policy for more details. As a result, even though some of the services are being referred to as an auction, Buy n Sell (India).com is not an auctioneer. 2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Buy n Sell (India).com takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Buy n Sell (India).com gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including: 1. about ownership of any item; 2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website; 3. as to the accuracy or truth of listings; 4. that any item will meet your requirements or expectations; or 5. about the ability of members to complete a transaction, including credit card transactions. 2.3 Disclaimer: You expressly understand and agree that: 1. your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Buy n Sell (India).com disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; 2. Buy n Sell (India).com does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable; 3. no advice or information that is obtained by you from Buy n Sell (India).com or anyone else shall create any warranty by Buy n Sell (India).com that is not expressly stated in the terms and conditions; and 4. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites or any other websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Buy n Sell (India).com recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. 5. while Buy n Sell (India).com may facilitate payment for some/all items by Credit Card, Online Banking, Cheque/DD or any other form of payment as per our Safe-Pay policy, Buy n Sell (India).com is in no way involved in the transaction itself and refunds/claims will be processed as per the Safe-Pay policy. f. while Buy n Sell (India).com has systems in place to reduce the risk of payment frauds, Buy n Sell (India).com is not responsible for protecting members from credit card, payment or other types of fraud. Buy n Sell (India).com fraud protection team/systems may from time to time block/suspend members accounts or legitimate credit card or any other online/offline payments. In these cases payment will need to be made by other means or get in touch with Buy n Sell (India).com customer support to know the reinstatement/unblock procedure. Buy n Sell (India).com doesn’t guarantee the reinstatement of a suspended or block account and will review and take the final decision on our sole discretion to minimize the frauds on Buy n Sell (India).com website. 2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Buy n Sell (India).com to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Buy n Sell (India).com’s liability and responsibility is excluded in respect of any and all loss or damages, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Buy n Sell (India).com's message boards, community forums, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services. 2.6 Breach: Without limiting any other rights and remedies available to Buy n Sell (India).com, Buy n Sell (India).com may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership/account or refuse to provide our Services to you if you breach these terms and conditions or where Buy n Sell (India).com considers it appropriate. 2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Safe-Pay policy, Payment Not Received (PNR) policy, Goods Not Received (GNR) policy, Goods Not As Described (GNAD) policy, Feedback policy, ID Verification policy, Purchase Protection policy, Privacy policy and all other policies form part of these terms and conditions. 3. BECOMING A MEMBER 3.1 Becoming a Member: Becoming a member is free. You can register as a member and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Buy n Sell (India).com to ensure it is kept current at all times. Buy n Sell (India).com may phone, send SMS, Email, mail or send a company representative to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Buy n Sell (India).com’s discretion, you may create a business membership in addition to your personal membership. 3.3 Termination of membership: Buy n Sell (India).com reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Buy n Sell (India).com may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases/identities will have all of their aliases/identities disabled or removed. 3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: a. not to permit any other person to use your user name or membership; and b. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership. 3.5 Emails and newsletters: Buy n Sell (India).com will send you emails, mailers or SMS relating to your membership, transactions and other activities on the Website and for promoting and marketing other Buy n Sell (India).com products and services to you. Buy n Sell (India).com may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list. 4. GENERAL RULES 4.1 General 1. All listings, bids or communications made through Buy n Sell (India).com shall be made in good faith. 2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. 3. You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose. 4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, message board or in the Buy n Sell (India).com community forum. 5. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds. 6. You must list auctions and classifieds in Indian Rupees and include GST (Sales Tax, Value Added tax (VAT) or any other local taxes if applicable)in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). 7. You must not complete a transaction outside of the Buy n Sell (India).com process or otherwise seek to avoid Buy n Sell (India).com Final Sales Fee (FSF). Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Buy n Sell (India).com suspending or terminating your membership at the discretion of Buy n Sell (India).com 8. You must not use the Services or the Website to promote items for sale outside the Services. 9. You are responsible for any actions taken through your membership/account. Buy n Sell (India).com memberships/accounts are not transferable and therefore can not be sold, leased, lent or traded. 10. Although details from ID verified sellers are comprehensive, we cannot guarantee that all sellers will act in the manner required by the usage terms set out in this terms and conditions. If you experience any suspicious dealings please contact us immediately for further investigation. If you feel that a seller is not acting in a truthful manner, do not settle any purchase until you have contacted us for an opinion and advice on the matter. 4.2 Your obligations as a seller a. Sellers must accept payment as per the Safe-Pay policy of our site. b. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list your item/items in the most appropriate category/categories available on Buy n Sell (India).com. c. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services. d. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any law or any goods/items as per our Prohibited Items List. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that Buy n Sell (India).com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time. e. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. f. When you list an item for auction on Buy n Sell (India).com, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason. g. Buy n Sell (India).com classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job. h. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Buy n Sell (India).com listings to promote a business or website other than one for sale in your listing. i. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes. j. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. If we found so, Buy n Sell (India).com has all the rights to remove your item listing, terminate or block your account without any prior intimation to you. k. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success or through sending a Second Chance Purchasing offer. l. For classifieds, you may choose to sell to any buyer at your discretion. m. Listings are not pre-screened for content. Buy n Sell (India).com reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions without any prior intimation. n. You agree to your email address, phone number and other contact details being supplied to the winning buyer when your auction closes. o. You must promptly forward/ship the listed item to the successful buyer on completion of the transaction. p. You must not charge unreasonable amounts for shipping/packaging costs and you should also make sure to provide tracking number for the shipment made to the buyer. q. To prevent piracy as per The Copyright Act, 1957 and The Information Technology Act, 2000 of India,the sale of pirated Films, Videos, CDs, DVDs, VCDs, Laser discs, Blue Ray Discs, Floppy-Disks, Mp3, Mp4 mini discs and pirated software are not allowed to be listed on Buy n Sell (India).com. r. The selling of firearms on Buy n Sell (India).com is not allowed. It is an offence to sell by mail, order a firearm or any ammunition for a firearm. See our Prohibited Items List for more details. 4.3 Your obligations as a buyer a. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable amount should be made for postage/shipment where applicable or as mentioned on the item listing by the seller. Your bids are not retractable once the auction has closed or by the discretion of the seller. b. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. c. You must make full and prompt payment for any item you buy. d. You agree to your username and the amount of your bid being publicly shown on the Buy n Sell (India).com Website. You also agree to your email address, phone number and other contact details being supplied to the seller when you win or buy any goods/items. e. If your bid is successful and you do not pay for the item and seller files Payment Not Received (PNR) report with us, we’ll give a strike on your account for defaulting on payment. Such strike or strikes can lead to the suspension of your account on Buy n Sell (India).com and no appeals will be entertained thereafter. f. You may not bid on an auction that has been listed by a family member, Room (flat) mate, friend or any member that is personally known to you, in order to raise the price of that auction. If we found so, Buy n Sell (India).com has all the rights to terminate or block your account without any prior intimation to you. g. In case of not receiving goods/items you purchased and paid for, as per our Safe-Pay policy, you agree and accept the outcome as per our Goods Not Received (GNR), Goods Not As Described (GNAD) and Purchase Protection Policy. 4.4 Feedback a. Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Buy n Sell (India).com reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. b. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction anywhere on the site or community forum. c. You must not post feedback about yourself or include any contact details or personal information in your feedback. d. Feedback is provided for the sole purpose of facilitating trading between members on the Buy n Sell (India).com Website. 5. FEES AND ACCOUNTS 5.1 Buy n Sell (India).com Listing Fees and Final Sales Fee (FSF) a. Buy n Sell (India).com charges fees for the use of the Website as a venue. b. Buy n Sell (India).com current fees are listed on our Site Fees page. c. Listing and any other optional features fee are charged at the time of listing and are non refundable. Buy n Sell (India).com may (at our sole discretion) refund any other fees or Final Sales Fee (FSF) charged on completed auctions, provided that a member follows our defined refund process. Buy n Sell (India).com will only issue refunds in the form of credit to the Buy n Sell (India).com account of the member. Cash refunds will not be issued. Credits on accounts with Buy n Sell (India).com are non transferable between members or any other accounts. d. Buy n Sell (India).com reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. e. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied or issued to Buy n Sell (India).com account balances. f. Buy n Sell (India).com reserves the right to investigate queries regarding the refund of Final Sales Fee (FSF) with bidders, other members, Internet Service Providers, and any other relevant party. g. Before listing an item, you should review Buy n Sell (India).com fees to ensure you are aware of the fees that you will incur. h. You must pay the fees immediately upon demand by Buy n Sell (India).com as per your monthly invoice or as per the payment reminder sent to you. 5.2 Buy n Sell (India).com Accounts a. Buy n Sell (India).com maintains accounts for each member and from which members must pay fees including payment of advance/scheduled listing options. Buy n Sell (India).com accounts can not be used for the payment of items sold using the Services. b. You must settle any negative account balance immediately. Buy n Sell (India).com reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Buy n Sell (India).com incurs when collecting that debt. c. If your membership is terminated Buy n Sell (India).com will refund the balance of your credit account, less INR 50 manual processing fee that is payable to Buy n Sell (India).com. Consequently, no refund will be made if the account balance is below INR 50. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Buy n Sell (India).com credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. d. If you have not logged on to the Website for a period of 12 months (one year), any unused balance on your account is forfeited to Buy n Sell (India).com and your membership will be suspended. 6. GENERAL PROVISIONS 6.1 System Integrity: Buy n Sell (India).com will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Buy n Sell (India).com takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Buy n Sell (India).com assumes no responsibility for the corruption of any data or information held by Buy n Sell (India).com. In such cases no refunds / credits / claims will be entertained. 6.2 Resolution of disputes: As Buy n Sell (India).com is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve Buy n Sell (India).com in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 2.7. 6.3 Buy n Sell (India).com Message Boards/Community Forums: Buy n Sell (India).com provides Message Boards/Community Forums for the use of Buy n Sell (India).com members. The Message Boards/Community Forums may not be used to promote auctions, websites or any commercial or business activity. Buy n Sell (India).com is not responsible for any of the opinions expressed in the Message Boards/Community Forums. By posting a message to the Message Board /Community Forums you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements. This also states that you accept our Community Forums guidelines. 6.4 Force Majeure: Without prejudice to clause 2.3(a), Buy n Sell (India).com has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Buy n Sell (India).com to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Buy n Sell (India).com. 6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 6.7 Governing Law: These terms and conditions are governed by the laws of India. You submit to the non-exclusive jurisdiction of the Courts of Mumbai, (India) 6.8 Intellectual Property Rights: Buy n Sell (India).com (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. 1. You may not without our prior written permission, in any form or by any means: 1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or 2. Commercialise, copy or on-sell any information, or items obtained from any part of this Website. 6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 6.10 Privacy: Buy n Sell (India).com collects personal information about you through your use of the Services and the Website, including: * your registration details; and * information relating to your use of the Website and the content you access. You agree that Buy n Sell (India).com may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Buy n Sell (India).com products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback profile. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Buy n Sell (India).com, our users, or others. Please review our Privacy Policy.
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