Privacy Policy

Privacy Policy

This privacy policy sets out how Auzbiz.com uses and protects any information that you give AucBidZ when you use this website. AucBidZ is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. AucBidZ may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

1. While using this website, information about you may be either collected by us or provided by you. Such information will become the property of the Website.

2. The Website may use this information to provide you with information regarding our products, services, or events from time to time.

3. You may request that the Website cease sending you such information or request that your personal information be removed from our database or mailing list at any time.

4. The Website will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to the Website’s employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of the Website or its associated services or web site(s), the Website will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.

5. By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by AucBidZ in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per Clause 1 & 2. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our privacy policy will be communicated through our Web site at least 10 days in advance of implementation.

6. The Website makes use of first party cookies (including the Google Analytics cookie) to collect website analytics data, and also makes use of third party cookies (including the DoubleClick cookie) to deliver targeted display advertising to our website visitors based on their browsing and search activity on the Website.

7. No personal information is shared with Google or Double Click in order to deliver targeted advertising.

8. The Website is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised web sites.

9. That the Website adheres to the rules as mentioned in the Information Technology Act, 2008.



2. Online payment – Terms & Conditions

This online payment system for making Fee payments are jointly offered by ICICI Bank and AucBidZ through an online payment gateway service (“Service”) in its website www.aucbidz.com. AucBidZ may update these terms from time to time and any changes will be effective immediately on being set out here. The User must ensure that it is aware of the current terms.


Definitions & Intrepretation

The terms used in this agreement have the meanings set out below unless the context requires otherwise:

"AucBidZ” means an online B2B marketplace, which provides a platform wherein Users can corporate & create an industry network of preferred suppliers and buyers such as selling equipment’s/NPA, posting buyers requirements and simultaneously applying for a loan from leading banks, subject to certain terms & conditions imposed by AucBidZ;

“Card supplier" means the institution which owns the debit or credit card you are using on the Online Payment Facility;

“Charge Back” means approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto;

"Online payment facility" means the internet based payment system operated by ICICI Bank and AucBidZ;

"Payment Service Provider” means the online payment service as managed by ICICI Bank

"You/Customer" means the individual setting up a payment via the online payment facility

“Website” means the domain name of AucBidZ located at www.aucbidz.com.


General Terms and Conditions for E-Payment

1.1 The following terms should be read carefully before using the online payment facility. By using the online payment facility on this website signifies your acceptance of these terms. All payments are subject to the following conditions:-

1.1.1 The User may register on AucBidZ site once it has accepted the below mentioned Terms and Conditions.

1.1.2 AucBidZ performance of this agreement is subject to existing laws and legal procedures of Government of India, and nothing contained in this agreement is in derogation of AucBidZ right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by AucBidZ with respect to such use. You agree that providing details of your use of the Web Site by AucBidZ to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the Web Site, is AucBidZ complete discretion.

1.1.3 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 herein, then the invalid or unenforceable provision will be deemed 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.

1.1.4 This agreement constitutes the entire agreement between the User and AucBidZ with respect to payments of fee which includes earnest money deposit or tender fee on AucBidZ Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and AucBidZ with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1.1.5 You warrant that in using the online payment facility you are authorized to use the Debit/Credit card/Net Banking or any other payment mode you are making. AucBidZ cannot accept liability for a payment for any incorrect details whether personal or otherwise. AucBidZ cannot accept liability for a payment, where payment is refused or declined by the Card Supplier or Bank for any reason.

1.1.6 If the card supplier declines payment, AucBidZ is under no obligation to bring this fact to your attention. It shall be your responsibility to check with the Card Supplier that payment has been deducted from the debit or credit account.

1.1.7 In no event will AucBidZ be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

1.1.8 AucBidZ does not stores any personal information related to your Debit Card/Credit Card details or any other information provided via making Online Payments.

1.1.9 Customer/Client shall be personally liable for information provided in online payment mode.

1.1.10 AucBidZ cannot accept liability for a payment not reaching the correct AucBidZ account due to you quoting an incorrect account number or incorrect personal details. Neither can AucBidZ accept liability if payment is refused or declined by the credit/debit card supplier for any reason.

1.1.11 In case of any fraudulent transactions on account of misuse of Card/Bank details by a fraudulent individual/third party, the User should contact AucBidZ at the earliest and such issues shall be reasonably addresses by AucBidZ in conformity with their online policies and rules.

1.1.12 In case of any server related issues with the Payment Service Provider’s webpage like “slow down” or “failure” or “season timeout”, the User should check with his/her Bank Account details as to any deduction before initiating the second payment and thereof resort to any of the following below mentioned options:
A. Immediately contact AucBidZ via e-mail or any other mode of contact to confirm payment; in case the Bank Account appears to be debited;
B. Initiated a fresh transaction for making payment; in case the Bank Account is not debited.

1.1.13 The User agrees that the Payment Gateway Service Provider shall not be liable for any such fraudulent/duplicate transactions and no communication in this regard shall be entertained by the Payment Service Provider

1.1.14 In case the User makes any claim for/of charge back for any reason whatsoever, such User should approach AucBidZ at the earliest and claim refund from the same. AucBidZ reserves the right to make payments for such refunds either via payment gateway or by means of demand draft or by any other means as it deems fit. The Payment Service Provider reserves the right to dismiss any claim regarding the aforesaid.

1.1.15 The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by AucBidZ on the Website. By accepting these Terms and Conditions the User agrees that it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
A. Maintain a new password, whenever required for security reasons.
B. Keep its User ID & Password strictly confidential.
C. Be responsible for any transactions made by User under such User ID and Password.

1.1.16 Under no circumstances shall AucBidZ request the User for its password through an unsolicited phone call or in an unsolicited email.


Privacy Policy

By using the website, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, you can discontinue with the use of the website. AucBidZ reserves the right, to modify this Privacy Statement at any time. The online payment service has been designed to ensure maximum security and confidentiality. Whenever any online payment is done, you shall be requested to provide your personal contact details. In case of any problem with the transaction, the same should be updated to us at the earliest.


Personal Information

3.1 The User agrees, understands & confirms to the following terms and conditions that:

3.1.1 By entering the Website the User consents to the terms of AucBidZ’s information privacy policy and to our continued use of previously collected information.

3.1.2 By submitting the User’s personal information to us, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.

3.1.3 The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to AucBidZ.

3.1.4 In addition to the information already in the possession of AucBidZ and/ or the Payment Service Provider(s), AucBidZ may have collected similar information from the User in the past.

3.1.5 To the extent required or permitted by law, AucBidZ and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with matters of security and complying with legal requirements.

“Website” means the domain name of AucBidZ located at www.aucbidz.com.


Debit/Credit Card, Account Details

4.1 Online Payments of Fees (Tender fee/Earnest Money Deposit) can be made by Credit / Debit card or Net banking.

4.2 The User agrees & warrants that it is the lawful owner of the debit/credit card or such use has been authorized to do so. The User further agrees & undertakes to provide correct & valid debit/credit card details.

4.3 Furthermore, the User agrees that it shall be responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

4.4 User agrees, understands & confirms that its personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that AucBidZ or the Payment Service Provider(s) have no control over such matters.


Refund Policy

5.1 If the User leaves the website before they complete their Payment, there shall be no entitlement to a refund of payment.

5.2 Refunds, if applicable, for any Debit Charges or Charges; shall be governed by the Terms and Conditions of Service Provider or Bank, AucBidZ shall not be liable for any damages or charges.

5.3 Users need to approach their Banks for such refunds with adequate proof for debit Charges. Nothing in this policy shall require the AucBidZ to refund the Debit Charges (or part thereof)

5.4 Entitlement to a refund for failure of transaction or unsuccessful transactions will be solely determined by terms and conditions of the third party Service provider.


Security

6.1 All payment details which are entered through this payment gateway are encrypted when the User, or third party making payment, enters them. Communications to and from the Service Provider’s site are encrypted.

6.2 AucBidZ shall not be liable for any failure by the User making payment to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.


No Warranty Or Representation

Neither AucBidZ, its partners, suppliers, nor any other party involved in creating, producing or delivering the information on this site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages or loss whatsoever, arising out of or in connection with your access to or use of this site. This includes business interruption and loss of use, data, information and profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act). This limitation applies even if AucBidZ has been advised of, or foresees, the possibility of any damages occurring.


Disclaimer Of Liability

8.1 The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.


8.2 In any event whatsoever, AucBidZ and the Payment Service Provider assume no liability for any monetary or other damage suffered by the User on account of:


8.2.1 the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or

8.2.2 any interruption or errors in the operation of the Payment Gateway


Payment Gateway Disclaimer

Service is provided in order to facilitate payment of Tender Fees/Earnest Money Deposit online. AucBidZ or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.


3.Service User Agreement

This User Agreement constitutes a binding contract between ……………………………hereinafter referred to as the user (which the expression shall where the context admits, be deemed to include its heirs, executors, administrators, successors and assigns); ………………………………………………………………………………ONE PART

And

AucBidZ Mart Pvt. Ltd., a company incorporated under the Companies Act 1956, with its registered office at ……………………………………"(which the expression shall where the context admits, be deemed to include its heirs, executors, administrators, successors and assigns) Herein referred as AucBidZ………………………………………………….…....OTHER PART


Wherein

I. AucBidZ is an online B2B marketplace, which is located at the URL www.aucbidz.com herein referred as Website; and provides an online platform wherein Users can use a combination of auction techniques such as Forward and Reverse auctions and direct buy. Our platform lets user cooperate and create an industry network of preferred suppliers and buyers for activities including and not limited to selling equipment’s/NPA, posting buyers requirements and simultaneously applying for a loan from leading banks, subject to certain terms & conditions imposed by AucBidZ;


II. You are desirous of using the combination of RFP, Auction Platform & Direct Buy to purchase aforementioned properties, on the terms and conditions specified hereunder, and have therefore visited the Website;


Definitions & Intrepretation

In this Agreement, unless expressly stated to the contrary, the following expressions have the following meanings:


Auction Platform

shall mean the website which provides an online platform wherein Users can use combination of auction techniques to buy and sell various items including but not limited to services;


Buyer

shall mean Users who or which use combination of auction techniques to purchase through the website;


Confidential Information

Means information relating to the business, products, designs, data manuals, legal documents of AucBidZ or any of its affiliates or subsidiary for the time being confidential to it or to them and trade secrets (including without limitation technical data and knowhow) relating to the business of AucBidZ or of any of its affiliates or of any of its or their suppliers, clients or customers;


Intellectual Property

Includes patents, trademarks whether registered or unregistered, registered or unregistered designs, utility models, copyrights including design copyrights, applications for any of the foregoing and the right to apply for them in any part of the world, discoveries, creations, inventions or improvements upon or additions to an invention, Confidential Information, knowhow and any research effort relating to any of the above mentioned business, names whether registrable or not, moral rights and any similar rights in any country


Parties

means collectively AucBidZ and the User and “Party” means individually each of the Parties.


RFP

shall mean request for procurement; wherein sellers offer their items for bidding, and compete for the price which a buyer will accept


Sellers

shall mean Users which or who use the services in order to display, market and sell the property through the website


Services

shall mean services provided by AucBidZ including but not limited to Industrial Equipment, Solar, Electronics, Construction Materials & Vehicles etc


Terms

shall mean these terms & conditions of use and service which form a part of this agreement governing User’s relationship inter se and with AucBidZ


Website

shall mean the online platform www.aucbidz.com as provided by AucBidZ Mart Pvt. Ltd to provide services


Your Information

any information you provide to us in the registration, requesting or listing process, in the feedback area or through any e-mail feature


Now, therefore; in consideration of the foregoing, and of the mutual benefit contained herein, the Parties, intending to be legally bound, agree as follows:

I. This Service User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of use. By accessing and/or using our e-commerce portal, you agree to the following terms with AucBidZ. AucBidZ encourages users to use Request for Procurement Marketplace to check guarantees the authenticity, quality & availability of said products. The Users (both Buyers and Sellers) can post its purchase requirements through the RFP marketplace wherein; it may request the Sellers for sample products and other details including and not limited to delivery period, mode of delivery, warranty before purchase subject to the terms & conditions mentioned in this agreement. After acceptance between the aforementioned parties and confirmation of payment, the products will be shipped as per the agreement between the Buyer and Seller subject to the Shipping terms and conditions mentioned in this User Agreement. AucBidZ confirms the completion of the deal between the Buyer & Seller. AucBidZ is not responsible for the actions the Sellers and Users/Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

II. These terms & conditions (the “Terms”) that shall apply to any purchase by any party either directly from the Website, its employees, agents or representatives, herein after referred to as (“AucBidZ”) or in a transaction (a “Transaction”) in which AucBidZ serves as an enterprise marketplace. These terms apply to all Transaction conducted by AucBidZ, without limitation. Terms shall remain in effect until either revoke in writing by the User (User withdrawal does not void previous sales terms) or by AucBidZ at their discretion although such withdrawal by the User does not make any prior sales term as void. If any provisions of these Terms are deemed to be illegal, invalid, or unenforceable, the legality, validity, & enforceability of the remaining shall not be affected. Terms of Sale may vary for each auction. User is responsible for the understanding of any payment, requirements, fees, logistics, premiums, other contracts, supplements & deadlines.

III. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.

IV. AucBidZ may amend this User Agreement and any linked information from time to time by posting amended terms on our e-commerce portal.

V. Our e-commerce portal is an online venue wherein Users can buy and sell various items including but not limited to Industrial Equipment, Solar, Electronics, Construction Materials & Vehicles etc.; herein referred as “Services”.

VI. The relationship of the parties hereto is that of an independent contractor with respect to the other. Nothing in this Agreement, and no course of dealing between the parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the parties or between one party and the other party’s employees or agents. Accordingly, neither party shall be empowered to bind the other party in any way, to incur any liability or otherwise act on behalf of the other party.

VII. User will maintain true and complete records in connection with the purchase and sale of Products. Such records will be retained by AucBidZ for at least _6_ months following the termination or expiry of this Agreement. The terms of this Agreement are strictly confidential and User shall not use or disclose the terms hereof without AucBidZ prior written consent.

VIII. This Agreement shall not be construed either party regardless of which party is more responsible for its preparation.



1. General Terms & Conditions For Conduct Of Auction

I.1 The Bidders/Users who are interested to purchase through e –auction should get themselves registered with the website as bidder well in advance before commencement of e-auctions. The bidders who have valid registration with the website need not register again.

I.2 The Sale will be governed by the Special Terms & Conditions (STC) and the General Terms & Conditions (GTC) and User Agreement (UA) already accepted by the Bidder at the time of e-Tender cum e-Auction Registration with the website. Participation in the e-Auction will be deemed to imply that the Bidder has made himself thoroughly aware of and accepted the STC, UA and GTC. In case of any conflict between the STC, GTC and UA, the STC shall prevail.

I.3 AucBidZ shall have the right to issue addendum to the STC or UA to clarify, amend, modify, supplement or delete any of the conditions, clauses or items stated therein and the Addendum so issued shall form a part of the original STC or UA as the case may be.


2. Membership Eligibility

Use of the Website is permitted only to persons who are competent to enter upon legally binding contracts as defined under the Indian Contract Act, 1872. Persons “incompetent to contract” under the Indian Contract Act, 1872 including minors, un-discharged insolvents, persons of unsound mind are not eligible to use this 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 place any order or purchase any item/items from the Website. As a minor if you wish to purchase an item on the Website, the same may be made by your legal guardian or parents who have registered as a user of the Website. The Website reserves the right to refuse to provide you with access to the website if it is brought to notice or discovered that You are under the age of 18 years.


3. Account and Registration Obligations

If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. AucBidZ shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If AucBidZ has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account without any liability to AucBidZ.


4. Access to AUCBIDZ

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.


5. License to Use Website

5.1 AucBidZ grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AucBidZ and / or its affiliates, as may be applicable

5.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

5.3 You must not:
I. republish material from this website (including republication on another website)
II. any resale or commercial use of this website or its contents
III. any collection and use of any product listings, descriptions or prices
IV. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
V. edit or otherwise modify any material on the website or
VI. any derivative use of this website or its contents
VII. any downloading or copying of account information for the benefit of another seller
VIII. any use of data mining, robots, or similar data gathering and extraction tools.


5.4 This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of AucBidZ and / or its affiliates, as may be applicable.



6. Acceptable use

6.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

6.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

6.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without AucBidZ’s express written consent.

6.4 You must not use this website for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.

6.5 You must not use this website to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam to cause annoyance, inconvenience or needless anxiety


7. Inspection Of LOT

7.1 For inspection of materials, the interested Bidders will be provided an opportunity to meet the stock holder on any day as mutually agreeable between the parties. The intending bidders or their representatives may take prior appointment by means of exchanging document in RFP Marketplace with stock holder for inspection of lots notified for sale. Buyers/Bidder can also request for the sample products and other details such as delivery time/mode, quality, warranty etc. form the Sellers. The e-auction commencement date/ closing date for each product shall be notified at the start of the auction on the website.

7.2 The bidder has a right to satisfy itself about the quality, quantity, age, and conditions etc., of the materials. In furtherance of the above, the principal of "CAVEAT EMPTOR" (LET THE BUYER BE AWARE) will apply. AucBidZ makes no warranties as to the quality or fitness of the lots / items for any particular purpose or as to the accuracy of the descriptions, on the Auction Platform, of the lots / items.

7.3 Seller/ AucBidZ reserves right to stop/postpone/cancel the e-auction at any stage prior to conclusion of the e-auction or release of PO and the same to be communicated to all the participants without assigning any reason there for.

7.4 Seller/AucBidZ reserves the right to accept or reject the highest rate offered in the e-auction without assigning any reasons prior to conclusion of the e-auction or release of PO and the same to be communicated to all the participants without assigning any reason there for.

7.5 Seller/AucBidZ reserves right to modify/alter/cancel/omit any of the Terms and Conditions pertaining to the e-auctions as and when required prior to conclusion of the e-auction or release of PO and the same to be communicated to all the participants without assigning any reason there for.

7.6 The Seller reserves the right to add/delete/change/modify any or all the general conditions mentioned in the e-auction schedule and the said addition/deletion/changes/modifications shall be incorporated in the agreement to be entered into with the bidders / bidder irrespective of e-auction conditions mentioned in the notice inviting e-auction or in the e-auction schedule or the same shall be incorporated in a form of appendix as the case may be and the same will be binding on the Bidder/User without any recourse.

7.7 When the bidder files its bid, the acceptance or rejection of the bid by Seller, or methodology adopted by the Seller, in short listing the bid for the disposal of material / materials etc., on e-auction platform shall not become a cause of action or ground to initiate any legal action before any Court or Courts of Law for obtaining any order, Injunction, Direction etc., from any Court to stall the proceedings of Seller. In the event of any dispute arising out of the e-auctions such dispute would be subject to the jurisdiction of the civil courts at Mumbai.


8. Validity Of Offers

8.1 The bidders who have participated in the e-auction shall be bound by their offers and by these terms and conditions for a period of ____________from the date of closing of e-auction for confirmation. However, any period of stay granted by any competent Court shall not count towards this period.

8.2 In case of breach of this condition, the Deposit amount shall be forfeited.

8.3 AucBidZ shall refund Your Earnest Money in case you are not the winner; either through electronic transfer within 10 days after the conclusion of the auction, or, through any other medium mutually agreed.

8.4 Users may also maintain balance in AucBidZ account to further participate in additional auction or as to make direct purchase.


9. Issuence Of Sale Order/Acceptance Letter/Confirmation Order

9.1 The seller will issue the sale Confirmation order/Acceptance letter after obtaining approval from AucBidZ.

9.2 The successful bidders should not transfer the offer awarded to him / her to others and also no sub-contract is allowed.

9.3 In case of deviation of any of the e-auction conditions, the offers shall be cancelled besides forfeiting the deposit amounts and imposing penalty as decided by the Seller.

9.4 When a bid is accepted, the buyer will have to pay the earnest money @ __% of the sale value plus applicable taxes and duties within __ working days from the next date of the closure of auction. The date of acceptance of bid will be the date on which the Seller/AucBidZ sends the acceptance message to the buyer. In case the earnest money as mentioned above are not deposited within the time specified, the registration fee will be forfeited without any further notice, where the bids are not accepted finally, the earnest money deposit by the bidder shall be refunded to the buyer.


10. Shipping Policy

10.1 Delivery Order or Sale Order or Delivery-cum-Sale Order will be issued automatically online at the instance of any competent officer of AucBidZ on confirmation of payment of full sale value. The full sale value means payment of material value, duties & local taxes, freight charges, sales/VAT tax, Octroi, insurance premium and any other levies under the above mentioned clauses.

10.2 The goods are to be completely removed by the buyer from the site of accumulation within the time specified in the Delivery Order/Sale Order/Delivery-cum-Sale Order. However, the delivery will be made during working hours on all working days on presentation of the aforesaid order to the custodian of the materials.

10.3 At the outset, buyers & Sellers will make their own arrangement for loading & transport except where it has been specifically mentioned in the Special Terms & Conditions. The specified delivery period will be counted from the next day of the date of issue of the order.

10.4 If the buyer wishes to take delivery of the goods purchased by him, through a representative, he must authorize such representative by a letter of authority, which the representative should present to the appropriate officer concerned/custodian. Delivery by proxy/delegation will be at the buyer's sole responsibility and risk and no claim shall lie against the Seller or AucBidZ at any account whatsoever if delivery is affected on such proxy.

10.5 In the event that the Seller has mentioned only ex-factory price of the goods excluding the shipping cost, the Seller is obligated to share the logistics quotations with the buyer through the RFP document & it shall be its sole responsibility for shipping the product. Notwithstanding the above, if the Seller refrains from taking responsibility for shipping the product, it is mandated to disclose such to the buyer via RFP document before the conclusion of the deal.

10.6 Alternatively, buyers & Sellers can on fulfilment of required shipping details in the Website, request AucBidZ for arrangement of shipping services for the goods through its logistic providers. In pursuance of the above, AucBidZ shall forward the requirements provided in the shipping details to the logistic provider on the basis of which quotations as applicable shall be shared with the User. This is subject to confirmation of payment of full sale value as per Clause 10.1.


11.Automatic Bidding

11.1 The User can opt for automatic bidding by means of auto bidding function; wherein Users/Bidders will have to fix the maximum bid amount and the Website’s system will place bids on User’s behalf beginning with the next bid increment until you are the winner of the auction or another bidder bids higher than your maximum auto bid. The bid increment is the predetermined amount by which a bid will be raised each time the current bid is outdone.

11.2 AucBidZ conducts auction on the basis of total value of a product; which comprises of number of lots & its price. In some cases, wherein the number of lots that the User wants to purchase are not equivalent to the total auctioned lots, the auto bidding function will not be available for such.


12. Fraud and Deception

12.1 User agrees to not artificially inflate traffic counts using any programs (including scripts), device, or other means. AucBidZ will be auditing every User’s traffic on a timely basis. User’s that produce or commit fraudulent activities, including but not limited to false impressions, will have their account permanently removed from our Website and will not be compensated for fraudulent traffic. Additionally, AucBidZ reserves the right to register fraudulent User’s with any law enforcement agencies subject to the extent of such use.

12.2 In order to protect the interests of our Users from any forms of fraudulent actions, AucBidZ may, at its discretion, terminate any accounts that it believes of violating one of its rules. Any accounts that have been cancelled due to fraudulent activities will not receive refunds subject to other terms and conditions of this agreement.


13. Scope

13.1 Before using the website, we recommend that you read the whole User Agreement, our e-commerce portal policies and all linked information. You must read and accept all of the terms in, and linked to, this User Agreement, the website Privacy Policy and all e-commerce portal policies. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the website portal, or when you use the tools we make available to interact with the website portal.


14. VAT or other taxese

14.1 Any price indicated on the Site or agreed in an Online Transaction is stated exclusive of value added tax or any other applicable sales tax. Users in Online Transactions shall be responsible for paying any value added tax or other taxes which may be due on amounts owed by the Users under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded. If goods are exported, tax refunds or zero rating may apply. In respect of sales in Online Transactions, tax refunds (if any) will be made by AucBidZ or, where applicable, on receipt of (a) satisfactory proof of purchase by the User.


15. Reviews, Feedback, Submissions

15.1 Reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to AucBidZ on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain AucBidZ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to AucBidZ of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, AucBidZ owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

15.2 AucBidZ will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. AucBidZ is and shall be under no obligation
I. to maintain any Comments in confidence
II. to pay you any compensation for any Comments or
III. to respond to any Comments.

15.3 You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.


16. Amendments

16.1 Subject to compliance with applicable national laws, AucBidZ may amend the terms and conditions of this Contract at any time and shall provide the User with advance notice of any such amendment. It shall be upto to the user to review these User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.


17. Modifications Of Terms

17.1 AucBidZ reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.


18. Indeminty

18.1 The User indemnifies and shall hold indemnified AucBidZ, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the User’s product, the breach of any of the User’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . This article shall survive the termination or expiration of this Agreement.


19.1 The User acknowledges and agrees that wherever applicable, the content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in Website, including advertisements or information is protected by domestic and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User is permitted to utilize this material and information only for personal use, and shall not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. AucBidZ shall not be held liable for any misuse or infringement of any trademark or copyright by the User, and the User shall be solely liable for any damages, claims, actions, etc. for infringement or violation of the same. AucBidZ reserves the right at its sole discretion to terminate the access of the User to the Website, if the User violates the provisions of this clause.

19.2 All content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the Website. Users of this Website are not granted a license or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.


20. Arbitration

20.1 Any dispute or difference arising between the seller, AucBidZ and the User in connection with the interpretation or implementation of the terms and conditions shall be referred to a Sole Arbitrator to be appointed as mutually decided by all the parties. The provisions of the Arbitration and Conciliation Act, 1996, as amended, shall apply to such arbitration. The place as mutually decided between the parties shall be the venue of such arbitration proceedings and the language of such arbitration shall be English. The award of such Sole Arbitrator shall be final and binding on the parties.


21. Term And Termination

21.1 Unless earlier terminated as provided below, the term of this Agreement shall remain in force from the Effective Date until terminated. At the end of the term, the Agreement shall continue until terminated by either party on at least 30 Days prior notice.

21.2 AucBidZ reserves the right, at its sole and absolute discretion, to terminate this Agreement or your access to all or part of the Website or AucBidZ Services for any reason or to discontinue temporarily or permanently providing the AucBidZ Services, with a prior notice. In the event of termination by AucBidZ in connection with your breach of this Agreement, AucBidZ may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, upon a termination of the Agreement, you agree to pay AucBidZ for all Services performed through the date of termination.


22. Obligations After Termination

22.1 On termination of this Agreement, You shall cease to be an authorized user.

22.2 All amounts owing by You to AucBidZ shall, notwithstanding prior terms of sale, become immediately due and payable


23. Confidential Information

23.1 Unless consented to in writing by the other party, neither party shall ,in any manner disclose to any third person, other than for the purpose of this agreement any secret or confidential information which has come to its knowledge by virtue of this agreement.

23.2 Each party agrees that it shall restrict dissemination of the other parties’ confidential information only to those individuals who must be directly involved in evaluating the confidential information and use the same degree of care that it uses for its own information of like importance, but at a minimum due care, in safeguarding against disclosure of the other parties confidential information.


24. Notices

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or recognized overnight services such as Federal Express or Regd. AD Posts. If to Website: Name: Address: Mob: E-mail: If to User: Name: Address: Mob: E-mail:


25. Disclaimer Of Warranty

25.1 All materials, information, software, and products included on or available through this website (the "content") and all AucBidZ services are provided "as is" and "as available" for your use. The content and AucBidZ services are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. AucBidZ does not warrant that the content and AucBidZ services are accurate, reliable or correct; that the website will be uninterrupted, error free, or available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the website and AucBidZ services is solely at your risk.

25.2 AucBidZ does not warrant or represent that the website shall be uninterrupted, error-free, or completely secure. The User acknowledges that there are risks inherent in internet connectivity/server slowness that could result in the loss of Customer's privacy, confidential information, and property.


26. Limitation Of Liability

26.1 Under no circumstances shall AucBidZ be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, whether such claim is based on warranty, contract, tort or otherwise, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if AucBidZ has been advised of the possibility of such damages) resulting from your use of or inability to use the website or AucBidZ services. Under no circumstances will AucBidZ’s aggregate liability, on any form of action whatsoever in connection with your use of the website or AucBidZ services exceed the fees actually paid by you in consideration for the AucBidZ services.


27. Servibility

27.1 These Terms & Conditions constitute the entire agreement between the Website and you. Any failure by the Website to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision. In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.


28. Force Majeur

28.1 AucBidZ shall not be liable for any failure or delay in performance due to any reason / cause beyond their control including fires, floods, go-slow, lock-out, closure, pestilence, dispute with staff, dislocation of normal working conditions, war, riots, epidemics, political upheavals, government action, civil commotion, acts demands or otherwise or any other cause or conditions beyond the control of aforesaid cause or not and the existence of such cause or consequence may operate at the sole discretion of AucBidZ to extend the time of performance on the part of AucBidZ by such period as may be necessary to be necessary to enable AucBidZ to effect performance after the cause of delay will have cause exist.


29. Waiver

29.1 A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of any party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature or of any other nature.


30. Governing Law

30.1 This Agreement shall be construed and enforced according to the laws of the State of Maharashtra having jurisdiction at the courts at Mumbai and any dispute under this Agreement must be brought in this venue and no other.


31. Headings In This Agreement

31.1 The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.