Ebid India
(hereinafter referred to as “We” or “Us” or “Our”)
welcomes you to www.Ebidindia.com for
buying, selling and auctioning of new and used vehicles/equipment, Residential
and Commercial properties, Gold.
The
website 'www.Ebidindia.com' is
owned by Mr. Amandeep Singh with its registered office at Shop No 2, 3rd
Floor, Shourya Plaza, Beside Nagpur Biryani near Maharana Pratap Chowk, Vyapar
Vihar Road, Bilaspur, Chhattisgarh 495001.
This User
Agreement (“Agreement”) is an electronic contract under the Information
Technology Act, 2000 and Rules made thereunder, and the relevant amendments
made thereon. This Agreement does not require any physical, digital or
electronic signature.
This Agreement
is published in accordance with the requirements under applicable laws,
including, without limitation, the provisions of:
(a) Rule 3 of
the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021, which requires intermediaries to publish the rules and
regulations, privacy policy and user agreement for access or usage of its
computer resource by any person in each case, as amended and in force from time
to time.
This Agreement
is available at 'www.Ebidindia.com',
including its mobile site (together, the “Website”) and on “Ebid India”
mobile application (“App”) (individually and collectively referred to as
“Platform”).
This Agreement
is between Ebid India and “You” or “User” which terms shall mean any natural or
legal person who uses the Platform. Ebid India does not allow any User to
undertake transactions (including, without limitation, offering vehicles for
sale, participating in auctions or making purchases or availing loans), without
registration on the Platform. The Agreement describes the terms on which Ebid
India offers the User access to the Platform for availing services, availing
loans, buying/selling products, and activities which are incidental and
ancillary thereto (hereinafter, "Services", and more
particularly defined below).
1. ACCEPTANCE
OF USER AGREEMENT:
a) Your use of the Platform and Services and tools are governed
by this Agreement, including the applicable policies, such as, without
limitation, the Privacy Policy, which are incorporated herein by way of
reference. If You transact on the Platform, You shall also be subject to the
policies that are applicable to the Platform for such transactions. By mere use
of the Platform, You shall be contracting with Ebid India. This Agreement
(including the policies) constitute Your binding obligations with Ebid India.
b) This Platform is an e-commerce entity providing both an
online marketplace and an inventory-based e-commerce platform for buying,
selling, and auctioning used vehicles / equipment/property and allied/ancillary
services and use of the Platform is governed by this Agreement.
c) Every User of the Platform and Services provided hereunder is
also bound by the Privacy Policy of Ebid India, specific terms and conditions
governing individual sale/purchase transactions or the auction process, terms
of sale/purchase, and terms imposed by mobile application stores such as Apple's iTunes, Android's Play
Store etc., and all Information Technology-related policies adopted by Ebid
India in compliance with the regulations of the Reserve Bank of India, all of
which are deemed to be incorporated in this Agreement by way of reference.
d) The Platform and the intellectual property attached to the
Platform belong exclusively to Ebid India. Any trademarks used on the Platform
but belonging to a third party shall remain the property of that third party.
e) If User is dissatisfied with any portion of the Platform or
any provision of this Agreement, the User's sole and exclusive remedy is to
discontinue the usage of the Platform.
f) The User is confirming that he/she has fully read this
Agreement of the Platform and agrees to abide by the same. This Agreement shall
be effective as soon as the User accesses the Platform or any portion of the
Platform. Every login, or making a bid, or application for a loan or making use
of any of the Services on the Platform shall be considered as a re-affirmation
to the terms of this Agreement.
2. AMENDMENTS
TO USER AGREEMENT:
a) Ebid India is entitled to amend any provisions of this
Agreement at any time by posting a revised version on the Platform, which will
become effective from the time of such post. User is advised to regularly check
for any amendments or updates of this Agreement.
b) If the revised version of this Agreement includes a
Substantial Change, Ebid India will provide User with 5 days' prior notice of
the same. "Substantial Change" means a change to the
terms of this Agreement that reduces User's rights or increases User's
responsibilities.
c) Communication by email/SMS or by notice on the Platform shall
constitute adequate service of notice and shall be deemed to satisfy any legal
requirement that such communication be in writing.
d) If any clause of this 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 Agreement.
3. GENERAL
INFORMATION:
a) Eligibility to use the Platform: The
Platform shall be used only by the persons who can form legally binding
contracts under the applicable law. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
un-discharged insolvents, minors, etc. are not eligible to use the Platform. If
you are a minor i.e., under the age of 18 years, who shall not register as a
User of the Platform and shall not transact on or use the Platform. As a minor
if You wish to use or transact on the Platform, such use or transaction may be
made by your legal guardian or parents on the Platform. If the User is a
business entity, the person who is using this Platform on behalf of the
business entity shall be deemed to be considered as having authority to bind
the entity to this Agreement.
b) Right to terminate: Ebid India reserves the
right to terminate your membership and/or refuse to provide you with access to
the Platform if it is brought to Ebid India’s notice or if it is discovered
that You are under the age of 18 years or otherwise legally disqualified or
incompetent to enter into a contract as per the Indian Contract Act, 1872 or
any other laws applicable in India. The Platform shall not be used by persons
whose membership has been suspended or terminated by Ebid India. Furthermore, Ebid
India has the right at its sole discretion to refuse to provide access to or
terminate the access of any person (s) whatsoever with or without notice.
c) Authorization to communicate: A User
by registering with the Platform authorizes Ebid India and its current, future
Affiliates/ partners to communicate with him/her via SMS, Email, Phone, or any
other means to offer the User product information and offering promotional
schemes listed on the Platform regardless of their do not disturb status.
d) Ebid India may offer User/s, dealers or third-party service
providers improved visibility for their listings on the Platform and other
benefits as per the terms and conditions of any scheme it launches from time to
time.
4. SERVICES
TO BE OFFERED THROUGH THE PLATFORM:
The Platform
shall broadly offer for E-Commerce activities which may be provided either
through Ebid India itself or through other third-party service providers or its
affiliates. User obligations and terms for availing the Services have been
described in detail in the clauses below.
4.1.
E-Commerce Activities provided through EBID INDIA
a) Facilitating Sale: The Platform
shall enable generation and sharing of information regarding any potential
Buyer to the Seller (“Lead”). The Platform shall facilitate the sale of
vehicles, gold and properties and help convert Leads by negotiating with the
Seller and any potential Buyer.
b) Listing Pack: Any User who
intends to sell the vehicles, gold and properties through the Platform shall be
entitled to purchase their desired number of listings for a listing fee.
c) Buyer Lead: A User may, in
exchange for a fee, obtain details regarding any potential buyers who are other
users already enquired on the Platform. These leads shall be generated and
matched based on the requirements which are posted with Ebid India by the User.
The User hereby acknowledges that the extent of Ebid India’s liability shall be
limited only to generating the lead for such User.
d) Promotion/Marketing: The User
shall be entitled to display banners/advertisements in relation to his products
for marketing and advertising purposes by paying the Platform a fee which shall
be as determined and agreed mutually by the parties. Ebid India shall have the
discretion to approve and then monitor the content to be displayed in the
banner.
e) Other services such as
auctioning and bidding of re-possessed vehicles, Gold, Properties and open
market vehicles.
5. USER
OBLIGATIONS AND GUIDELINES:
Section I -
FOR E-COMMERCE ACTIVITIES
a) Profile Details: User shall provide,
maintain, and promptly update true, accurate, current, and complete information
such as name, date of birth, contact number, address, password ("Profile
Details"). A Login ID and password for User's account will be created
by User and the same shall be used for all further transactions. After the
creation of the User account, such User will be considered a "Registered
User" of the Platform.
b) Registered User: A Registered User
may transact on the Platform as seller or buyer or both. Registered Users
making a purchase on the Platform shall be referred to as the “Buyer” and
a Registered User selling their vehicles/equipment or property by listing them
on the Platform shall be referred to as a "Seller". A
Buyer can access the Platform immediately after registration whereas a Seller
shall have to provide more details in relation to the vehicle/equipment or
property to be sold through this Platform. A Registered User is responsible for
maintaining the confidentiality of Login ID and Password. The Registered User
shall provide true, accurate, current, and complete Registration Data.
c) All
communication shall be electronic: The
User hereby consents to receive communications electronically. The User shall
communicate with Ebid India by email or through the customer service numbers
provided on the Platform. The User agrees that all the notices, disclosures,
agreements, and other communications that Ebid India shall provide to the User
in the electronic mode shall satisfy any legal requirement that such
communications be in writing.
d) Content
Guidelines: The User agrees,
undertakes, and confirms that while providing his/her information on the
Platform, the User shall not upload, display, host, publish, modify, update,
transmit or share any information that:
(i) belongs to another person and to which the User does not have
any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive
of another's privacy, including bodily privacy, insulting or harassing on the
basis of gender, libellous, racially or ethnically objectionable, relating or
encouraging money laundering or gambling, or otherwise inconsistent with or
contrary to the laws in force;
(iii) is harmful to a child/children;
(iv) infringes any patent, trademark, copyright or other proprietary
rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the
message or knowingly and intentionally communicates any information which is
patently false or misleading in nature but may reasonably be perceived as a
fact;
(vii) impersonates another person;
(viii) 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 other nation;
(ix) contains software virus or any other computer code, file or
program designed to interrupt, destroy, or limit the functionality of any
computer resource; or
(x) is patently false and untrue, and is written or published in
any form, with the intent to mislead or harass a person, entity or agency for
financial gain or to cause any injury to any person;
(xi) harasses or advocates harassment of another person/User on
the Platform;
(xii) infringes upon or violate any third party's rights,
including intellectual property rights, rights of privacy (including, but not
limited to, unauthorized disclosure of a person's name, email address, physical
address or phone number);
(xiii) interferes with another User's use and enjoyment of the
Platform.
e) The User of this Platform is required to ensure and undertakes
that the information provided on this Platform or any actions of the User (s)
on this Platform shall:
(i) Not
be false, inaccurate or misleading;
(ii) Not, directly or indirectly, offer, attempt to offer, trade
or attempt to trade in any vehicles/equipment, the dealing of which is
prohibited or restricted in any manner under any provisions of any applicable
law, rule, regulation or guideline for the time being in force;
(iii) Not create liability for Ebid India or cause Ebid India to
lose the services of Our Internet Service Provider (“ISPs”);
(iv) Not use any “deep-link”, “page-scrape”, “robot”, “spider” or
other automatic device, program, algorithm or methodology or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Platform or any content, or in any way reproduce or circumvent the
navigational structure or presentation of the Platform or any content, to
obtain or attempt to obtain any materials, documents or information through any
means not purposely made available on the Platform. We reserve Our right to bar
any such activity.
(v) Not attempt to gain unauthorized access to any portion or
feature of the Platform, or any other systems or networks connected to the
Platform or to any server, computer network, or to any of the services offered
on or through the Platform, by hacking, password “mining” or any other
illegitimate means;
(vi) Not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Platform or any transaction
being conducted on the Platform, or with any other person's/Users use of the
Platform.
f) You may not transmit any chain letters, unsolicited
commercial or junk email to other Users through the Platform. It shall be a
violation of this Agreement to use any information obtained from the Platform
to harass, abuse, or harm another person.
g) Consequences
for violating content guidelines: Any
violation of the guidelines in Clause 4 Sub-Clause (d) to (f) above, shall
entitle Ebid India to immediately remove the non-compliant information, the asset
listing, and other related information posted by the User, block the User,
suspend, or terminate the access or usage rights of the User, delete their
publicly visible comments/information, and/or initiate legal action against
such User.
Ebid India will
issue a written notice to the offending User through email or through any
electronic mode in this regard. Ebid India will not host, store, or publish any
information which is prohibited or considered
unlawful under any applicable law for the time being in force.
Any transaction or attempted transaction
relating to any vehicle/equipment/property which is violative of this Agreement
or applicable law that comes to the knowledge of a User shall be intimated to Ebid
India by the User.
h) User
ID and Password are confidential and non-transferable: The Registered User is responsible for all actions taken
under his/her User ID. User ID is not transferable and the Registered User
should not allow others to use it or disclose or make available the password to
any other person.
i) Buyer
and Seller to maintain confidentiality of customer data: The Buyer and Seller are responsible for maintaining the
confidentiality of details and information shared by other Users, including
without limitation, e-mail IDs and financial information. The Buyer and Seller
agree to accept responsibility for all activities that occur under its
Registered User ID.
j) Consequences
of breach of Registered User Platform-use obligations: Ebid India reserves the right to decline/terminate/suspend
any registration at any time, with or without notice or cause and in its entire
sole discretion. Until the revocation of termination/ suspension or the
activation of Registration, the Registered User will not be allowed to
buy/sell/place bids.
k) Information
Sharing and Privacy: "User
Information" is the information that is provided by the User on the
Platform while registering, buying, or listing process. The User shall not
provide any personal information such as contact details in the places, other
than the places specifically provided on the Platform.
(i) User
Information and EBID INDIA: The User
agrees to furnish his/her information on the Platform to enable Ebid India to
use it for the purpose of selling/buying/auctioning or providing any other
service as envisaged under the Platform.
User shall grant
Ebid India a perpetual, worldwide, non-exclusive, irrevocable, royalty-free,
sub-licensable right to exercise the copyright, publicity, and database rights
over the User Information to the extent such information is required by Ebid
India to provide Services under the Platform and/or comply with applicable
laws. Ebid India shall use the User Information only in accordance with this
Agreement and Privacy Policy, subject to applicable laws.
Ebid India may
use the User Information to identify the members of the Platform with whom the
User may have a beneficial relationship. User permits Ebid India to share the
User Information with vehicle/equipment dealers/potential Buyers or third-party
service providers in the course of its business.
The User shall
not share any sensitive personal data and/or information as defined in Rule 3
of the Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011, on the Platform or with
any other Users of the Platform. For further details, please refer to the
Privacy Policy.
(ii) User
Information and sharing information with other Users: The User acknowledges and agrees that the User Information
including any personal information would need to be provided by him/her to
other Users, dealers and/or third-party service providers through the Platform
when he/she seeks to transact with such Users, dealers or third-party service
providers on the Platform.
The User,
further agrees that Ebid India has no control over on his/her sharing of User
Information with other Users, dealers or third-party service providers of the
Platform since such other Users, dealers or third-party service providers of
the Platform are selected by him/her when he/she chooses to transact and/or
interact with them.
L) Prohibition
of unfair practices: The User, on his own
or together with other Users of the Platform, shall not manipulate or attempt
to manipulate the price of any vehicle/equipment being purchased or sold on
this Platform and shall not practice or indulge in any unfair or illegal trade
practices or abet the use of such unfair practices.
6. THIRD
PARTY SERVICE PROVIDERS:
a) Our Platform may contain, hyperlinks to websites operated by
parties other than Ebid India, or third party information such as product
description, catalogue/s, dealer information, images, videos, advertisements
and any other data made available by a third party (“Third Party Content”). Ebid
India does not control such Third-Party Content and shall not be responsible
for any loss or damages resulting out of the use of Third-Party Content.
b) The inclusion of Third-Party Content does not imply Ebid
India’s endorsement of such websites. Ebid India does not provide any warranty
in respect of the authenticity or accuracy of the Third- Party Content.
A link to
another website is not an endorsement of any products or services on such site
or the website. You shall be solely responsible for all consequences that arise
out of Your use of such Third-Party Content.
7. CERTIFIED
DEALERS:
a) Ebid India permits certain used vehicle or property dealers
to access and use the Platform, to purchase or sell vehicles/equipment from or
to other Users, after having completed the certification process (“Certified
Dealer”). Ebid India makes no representation and assumes no responsibility for
the accuracy, completeness, appropriateness, or usefulness of any information
provided by the Certified Dealer, either over the Platform, through emails,
chat rooms, Whatsapp or any other messaging application/service.
b) Ebid India does not make any representation or warranty as to
the fitness and merchantability of the vehicles/equipment/property proposed to
be sold or offered to be sold or purchased on the Platform by the Certified
Dealer. Ebid India does not implicitly or explicitly support or endorse the
sale or purchase of any vehicles/equipment/property or services by the
Certified Dealer on the Platform. Ebid India accepts no liability for any
errors or omissions on behalf of the Certified Dealer.
c) Ebid India cannot take responsibility or control the
information, listing and/or quality of the vehicles/equipment proposed to be
sold or offered for sale on the Platform by the Certified Dealer. You agree
that Ebid India will not be liable for any cost, damage, liability, or other
consequence of any of the actions of the Certified Dealer on the Platform.
8. E-COMMERCE
SERVICES - PLATFORM FOR COMMUNICATION AND EXCLUSION OF PRODUCT WARRANTIES:
a) User understands and agrees that he/she/it is provided with
the option to interact with other Users of the Platform in relation to the
transactions to be carried out on the Platform at its sole risk, host the
details of the vehicle/equipment/property to be sold through the Platform and
quote the purchase price or bid apart from availing other services which may be
offered by Ebid India. Consequently, with respect to User to User transactions
on the Platform's marketplace:
(i) Any
contract of sale shall be strictly bipartite between the Seller and the Buyer. Ebid
India shall not mediate or resolve any dispute or disagreement between the
User/s or control in any manner transaction/s between two Users of the
Platform.
(ii) Ebid India is not responsible for any non-performance or
breach of any contract entered into between/among Users. Ebid India does not
guarantee that the concerned Users will perform the transactions concluded on
the Platform.
(iii) User acknowledges that Ebid India does not pre-screen or
approve any listings, messages, text, files, images, photos, video, sounds, or
other materials displayed on or through the Platform (“Content”), but Ebid
India shall have the right (but not the obligation) in its sole discretion to
refuse, delete or remove any Content, for violating this Agreement or for any
other reason.
(iv) By agreeing to be bound by this Agreement, the Seller
undertakes to ensure that the descriptions, images, and other content
pertaining to goods or services on the Platform are accurate and corresponds
directly with the appearance, nature, quality, purpose, and other general
features of such good or service.
(v) At no time the right, title, or interest over the
vehicles/equipment, listed on the Platform by a User for sale, shall vest with Ebid
India nor shall Ebid India be liable in respect of transactions made on the
Platform.
(vi) The User shall agree with the relevant other User(s) with whom
they transact on the manner and terms and conditions of payment, insurance,
delivery etc.
b) The Website provides the Services without any warranty or
condition and disclaims any warranties of title, fitness for a particular
purpose, merchantability, and non-infringement.
c) Notwithstanding anything contained in this Agreement, Ebid
India does not make any representation or warranty as to the attributes of
vehicle/equipment, Services offered on the Website such as quality, condition,
worth, marketability, etc. Vehicle/s, equipment/s, service/s offered, to be
sold or purchased through the Website or the attributes such as legal title,
creditworthiness, identity etc. of any of its Users.
Users are
advised to independently verify the bona fides of any particular User that User
chooses to deal with on the Website and use their best judgment in that behalf.
The User shall note that there are risks in dealing with other persons on the
Website, including the risk of dealing with people acting under false pretext,
foreign nationals and/or underage persons. Except as expressly provided, Ebid
India does not endorse and shall not be responsible for the delivery of any
goods listed for sale/auction or purchased through the Website.
d) Ebid India neither
implicitly nor explicitly supports/endorses the sale/purchase of any
vehicle/equipment or services by a User, Certified Dealer or any other third-
party on the Website Ebid India accepts no liability for any errors or
omissions, whether on behalf of itself, the Certified Dealer or any other third
parties. The User hereby understands and acknowledges that the 'Ebid India
Certified Platinum Dealership' certification merely attests to the
creditworthiness of the Dealer, who is holding it, for the limited purpose of
availing inventory funding facility from Ebid India and based solely on the
documents provided to Ebid India for scrutiny.
e) Ebid India makes no warranties or representations about the
reliability, accuracy, timeliness and/or completeness of any Content provided
on or through the Platform or that the operation of the Platform will be
uninterrupted and/or error free. Consequently, no liability whatsoever for any
monetary or other damage suffered by the User on account of delay,
interruption, failure, or corruption of any data or other information
transmitted in connection with use of the Platform shall be assumed by Ebid
India.
f) All vehicles/equipment (and/or their parts) sold/auctioned on
the Platform by a User are sold/auctioned in their “as is where is” condition
and location with all faults and imperfections and errors of description except
where expressly stated otherwise.
g) It is the responsibility of User to satisfy himself/herself,
prior to sale, as to the origin, description, suitability, age, mileage,
durability, completeness, operability, state, and condition of each
vehicle/equipment and should exercise and rely on their own judgment as to the
condition and quality of the vehicle/equipment and whether the
vehicle/equipment conforms to its description and whether the same is suitable
for the User's purpose.
h) It is the sole responsibility of the Buyer/successful bidder
to transfer the vehicular/other records in their name, immediately on
completion of sale, Ebid India shall in no way be responsible for transfer of
such records.
i) Each User agrees to indemnify Ebid India, its officers and
representatives against all costs, damage, liability, or other consequences of
actions of such User and waives any claims that he/she may have in this behalf
under applicable law.
9.
OBLIGATIONS RELATING TO PURCHASE OF ASSETS AND SERVICES:
a) The Buyer shall be responsible to ensure that all their
payment related obligations are fulfilled. Any potential Buyer shall not place
any false purchase request. Placing purchase request by providing fake personal
details is a crime and the Platform will take all efforts to identify any such
potential Buyer and initiate/cooperate in any legal action against such a
potential Buyer.
b) The potential Buyer is not permitted to submit a lead or to
enquire in relation to a vehicle/equipment/property listing in the Platform
other than for the purchase of vehicle/equipment/property. No potential Buyer
is permitted to gather data, mine data, broker transactions or relist the
vehicles/equipment in any other website or purchase for resale.
c) The Buyer purchasing the vehicle/equipment/property in either
the sale or auction shall be solely responsible for ensuring and verifying the
title of the vehicle/equipment/property, receipt of necessary original title
documents such as invoice and certificate of registration, receipt of original
certificate of insurance, receipt of applicable forms under the applicable
legislation and effecting of transfer of ownership in the certificate of
insurance and certificate of registration, if applicable. The Buyer shall in no
way be entitled to make a claim against Ebid India for any failure or
inadequacies in the Buyer's verification process or transaction process.
d) The Buyer acknowledges and agrees that the details made
available on the Platform are available only for information purpose and
further, that any information including actual price of any product may vary
from the price listed on our Platform and therefore the Buyer shall solely be
responsible to take note of such changed pricing and bear any additional cost,
if incurred by them or to obtain any other information.
e) The Buyer acknowledges and agrees that the final sale price
shall be as confirmed by the Seller.
f) The Buyer shall solely responsible to complete the
documentation part as per applicable laws and they hereby agree and acknowledge
that Ebid India shall not be responsible for any consequences, including
without limitation any delay in the delivery of a product (in case of the
product being a vehicle), cancellation of the transaction, in case of any
incomplete or improper documentation whatsoever.
g) The Registered User shall not infringe the intellectual
property right, trade secret or other proprietary rights of Ebid India or any
third party.
10.
OBLIGATIONS RELATING TO SALE OF ASSETS AND SERVICES:
a) A Registered User may list his/her vehicle/equipment/property
for sale on the Platform.
b) The User must legally own and be in a position to sell the asset
which he/she lists for sale on the Platform. The Registered User selling the vehicle/equipment/property
is solely responsible and shall ensure the accuracy, legality and completeness
of the listing of the vehicle/equipment/property on the Platform and for
ensuring that such listing does not infringe the rights of any third party and
for ensuring that the listing does not violate content guidelines set out in
this Agreement.
c) The Registered User shall only include accurate pictures,
description and graphics of/in relation to the vehicle/equipment/property that
is listed for sale. The User shall not put up a description of a vehicle/equipment/property
on the Platform in a misleading manner. The User shall depict the actual
condition of the vehicle/equipment/property. The User who is selling his/her vehicle/equipment/property
shall certify that the description/information provided by him/her about the vehicle/equipment/property
are true. The User shall keep the vehicle/equipment/property in the manner
described on the Platform for successfully completing the sale. In the event
the vehicle/equipment/property description does not match the actual condition
of the vehicle/equipment/property, the Seller agrees to refund any amounts that
they may have received from the Buyer.
d) All the vehicle/equipment/property must be listed by the User
in the relevant category on the Platform.
e) No User shall solicit a business of any nature outside the
Platform by providing his/her contact details.
f) The User shall be liable to refund the sale price and any
other amount received from the Buyer, if the vehicle/equipment/property fails
to match the description/depiction of the vehicle/equipment/property put up by
him/her on the Platform.
g) On the vehicle/equipment/property being sold through the
Platform or otherwise, the User shall immediately remove the sale listing from
the Platform. Ebid India reserves the right to remove any listing of vehicle/equipment/property
by a User from the Platform at its sole discretion without notice and without
liability to any person.
h) The User shall not make any false or misleading statement
regarding the vehicle/equipment/property listed on the Platform. Further, the
User shall not state that the vehicle/equipment/property have any form of
sponsorship or approval from Ebid India. Ebid India accepts no liability for
information provided by the User on the Platform.
i) The User represents that the vehicle/equipment/property listed
for sale on the Platform are not involved in an accident or there is no
penalty/fine or any other criminal offence relating to such vehicle/equipment/property
or is a vehicle/equipment/property, the trading of which is banned under the
provisions of the applicable laws.
j) The Seller shall be responsible to carry out the process of
transferring ownership of vehicle sold through the services of Ebid India in
the records of the jurisdictional RTOs. The process of transferring ownership
shall not be part of the services offered by Ebid India.
k) The Seller represents that they shall be responsible for any
defects in the vehicle/equipment/property and for any litigation arising from
such defects and all costs relating thereto shall be borne by the Seller.
l) The Seller represents that he/she is the sole, exclusive
owner of the vehicle/equipment/property of any description that he/she offers
for sale on the Platform or shall have the required rights/interest/authority
over such vehicle/equipment/property conferred on the Seller by the owner of
such vehicle/equipment/property in writing.
m) The final sale price regarding any vehicle/equipment/property
shall be decided and confirmed by the Seller post negotiations, if any.
n) The Seller shall not directly or indirectly offer and/or
trade in any vehicle/equipment/property, the trading of which is prohibited or
banned under the provisions of applicable laws which are in force. The Seller
of a vehicle/equipment/property shall be responsible for providing all the
information relating to the said vehicle/equipment/property proposed to be
sold.
o) The Seller shall not infringe the intellectual property of
any third party, trade secret or other proprietary rights.
p) The Seller shall furnish appropriate tax invoices, under
applicable law, for all vehicle(s)/equipment(s)/property(s) sold through Ebid
India.
q) The Seller shall facilitate inspection of the vehicles/equipment/property
and related documents by Ebid India/potential Buyer upon a reasonable request
made by either of them.
11. SALE OF
RE-POSSESSED VEHICLES/SEIZED PROPERTY ON THE PLATFORM:
a) Clause 11 deals with the conditions relating to the sale of vehicle/equipment/property
through the Platform by Ebid India to You.
b) Ebid India use the Platform for listing and selling, through
auction or bidding, the vehicle/equipment/property which have been re-possessed/seized
by them from their borrowers (hereinafter referred to as the “Re-Possessed
Vehicle (s)”, “Seized Property(s)”).
c) The Re-Possessed Vehicle/Seized Property are auctioned on an
“as is” and “as available” basis and Ebid India make no representations or
warranties of any kind, express or implied, about the quality, condition, value
or fitness of the Re-Possessed Vehicle/Seized Property.
d) It is the responsibility of the User to inspect the
Re-Possessed Vehicle/Seized Property, prior to sale, and satisfy itself as to
the origin, description, operability, suitability, age, durability, mileage,
arrears of tax, charges and other dues to the respective Government,
completeness, condition, and fitness of the Re-Possessed Vehicle/Seized Property.
The User will
exercise and rely on their own judgment as to the condition and quality of the
Re-Possessed Vehicle/Seized Property and as to the fitness of the Re-Possessed
Vehicle/Seized Property for their purpose. The Re-Possessed Vehicles/Seized
Property will be available for inspection at the location specified by Ebid
India.
e) It is the responsibility of the User to transfer the
vehicular/other records in their name, immediately on completion of sale, Ebid
India shall in no way be responsible for the transfer of such records.
f) You agree that no claims for the return or replacement of the
Re-Possessed Vehicle/Seized Property or for the refund of any amount shall lie
against Ebid India after You have inspected the Re-Possessed Vehicle/Seized
Property.
g) All commercial/contractual terms pertaining to the purchase
of the Re-Possessed Vehicle/Seized Property shall be separately agreed between Ebid
India and You. The commercial/contractual terms may include without limitation,
the price, shipping costs, payment methods, payment terms, data, mode of
delivery, warranties related to Re-Possessed Vehicle/Seized Property and after
sales services related to the Re-Possessed Vehicle/Seized Property.
12.
AUCTIONING AND BIDDING:
a) Ebid India may require the User to pay security deposit
and/or execute additional documents in the manner prescribed by the applicable
law to it for participating in the auction/bidding. The grounds for forfeiture
and/or refund of any such security deposit shall be contained in the terms and
conditions of Auction/Bidding.
b) On the User buying a vehicle/equipment/property by
participating in the auction, either online or offline, he/she acknowledges and
agrees to be bound by the terms and conditions of Auction and Bidding, as the
case may be. The terms and conditions of Auction or Bidding shall be in
addition to the terms of this Agreement and are incorporated herein by
reference.
13. FEES
& CHARGES & PAYMENT FACILITY:
a) Ebid India reserves the right to introduce and amend fees or
charges for the Services being offered on or through the Platform. Unless
otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Ebid
India within specified time and in the specified manner. Ebid India at its sole
discretion can introduce new services and modify the existing services offered
on the Platform.
The fee
chargeable by Ebid India for various services offered on the Platform shall be
communicated to User through any electronic mode. Once a fee chargeable for a
specific service is posted on the Platform or communicated to the User, the
same shall be chargeable immediately for such service.
b) User shall be completely responsible for the payment of
applicable fee and charges such as listing fee or service fee, as may be
stipulated by Ebid India on the Platform or communicated to the User, together
with taxes, duties, and cess as applicable from time to time for his/her usage
of Platform and availing various services provided therein. Hence, the User
shall be responsible to note the fee chargeable on a specific service before
availing such service.
Ebid India reserves
the right to issue a warning, suspend or terminate User's membership, refuse
access to the Platform and/or take appropriate legal action in case of
non-payment of fees by the User and/or for any violation of this Agreement.
c) Ebid India may engage a third-party payment processing service
provider (“Payment Service Provider”) to facilitate payments
for transactions conducted on or through the Platform. When the User makes the
payment through the Payment Service Provider, the Payment Service Provider
shall process the payment to Ebid India, the other Users, the Certified Dealer,
or any other third-parties. Further, upon selecting any Service for which a fee
is chargeable by Ebid India, the User may be redirected to the Payment Service
Provider.
d) While availing any of the payment method/s available on the
Platform, Ebid India will not be responsible or assume any liability,
whatsoever in respect of any loss or damage arising directly or indirectly to
the User due to reasons including but not limited to:
(i) Lack of authorization for any transaction/s, or
(ii) Exceeding the pre-set limit mutually agreed by and between
the User and Bank/s, or
(iii) Any payment issues arising out of the transaction, or
(iv) Decline of transaction for any other reason/s
All payments
made against the purchases/services on Platform by you shall be compulsorily in
Indian Rupees acceptable in the Republic of India. Platform will not facilitate
transaction with respect to any other form of currency with respect to the
purchases made on Platform.
e) In case the Platform or Payment Service Provider’s webpage,
that is linked to the Platform, is experiencing any server related issues like
“slow-down” or “failure” or “session timeout”, the User shall, before
initiating the second payment, check whether his/her/its Bank Account has been
debited or not and accordingly resort to one of the following options:
(i) In case the Bank Account appears to be debited, ensure that
he/she/it does not make the payment twice and immediately thereafter contact
the intended recipient of the payment via email to confirm payment;
(ii) In case the Bank Account is not debited, the User may
initiate a fresh transaction to make payment. However, the User agrees that
under no circumstances Ebid India shall be held responsible for such duplicate
transactions and hence no claims should be raised against Ebid India.
f) Ebid India assumes no liability whatsoever for any monetary
or other damage suffered by the User on account of:
(i) The delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the Payment Service
Provider; and/or
(ii) Any interruption or errors in the operation of the Payment
Service Provider.
g) The User agrees, understands, and 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 Ebid India has no control over such matters.
h) Although all reasonable care has been taken towards guarding
against unauthorized use of any information transmitted by the User, Ebid India
does not represent or guarantee that the use of the Payment Service Provider
will not result in theft and/or unauthorized use of data over the Internet.
i) The User, on registering himself/herself on the portal will be
liable to pay the Portal fees which is Rupees Ten Thousand Only per year.
j) The User will be liable to pay 1-2% plus GST on total bid
amount on each purchase or sell subject to the terms of the agreement with
Bank/NBFCs.
14.
REFUNDS/CANCELLATION:
a) Vehicles/ property sold on the Platform are not eligible for
any returns, refunds, or exchange.
b) However, certain Dealers may be willing to discuss and
negotiate a customised return or refund policy on a case-by-case basis. Before
purchasing any vehicle/property, Customers who are Winning Bidders are
requested to directly contact the Dealer for further details on returns,
refunds or exchanges. Dealers can be contacted through the contact information
displayed on their page and during the physical inspection visit. All returns,
refunds or exchanges are contracts solely between the Dealer and the relevant
Customer.
The Platform/ Ebid
India expressly disclaim all responsibility for (a) any Dealer providing or
refusing returns, refunds or exchanges; and/or (b) the enforcement of any such
returns, refunds or exchanges.
c) Where the Dealer has its own return and refund policy, the
User must abide by the terms of that policy. In the absence of such a policy,
the provisions of Clause 13 (b) will apply to the Dealer.
d) No fee paid for usage of the Platform or for any Services
availed through the Platform will be refundable to the User under any
circumstance.
16.
PROPRIETARY RIGHTS:
a) The website 'www.ebidindia.com' and “Ebid India” mobile
application are developed and owned by Ebid India.
b) The Platform's content, logos, images, design, graphics,
icons, interfaces and the selection, assembly and arrangements displayed
thereof on the Platform are protected under intellectual property laws
(including copyright and trademark laws) and international conventions. Any
modification, reproduction, creation of derivative works or redistribution of
the Platform, and/or reproducing or copying of the Platform or any portion
thereof to any other location or server for reproduction or redistribution is prohibited
without the specific written consent of Ebid India.
Content posted
by a Registered User shall belong to the relevant user and shall be licensed to
Ebid India for use in the manner described in Clause 4(i) above.
c) Permission to access, view the listing of vehicle/equipment/property
by Users, utilize other services provided under the Platform and list the
vehicle/equipment/property for sale is granted to the Users.
d) All the address, names, make and model of vehicles/equipment/property
listed on the Platform are trademarks of their respective manufacturers. Ebid
India neither has nor claims any rights over such trademarks, beyond the right
to list/permit its listing on the Platform as a factual description of the asset.
e) User warrants that User has the right to grant, to Ebid India
a non-exclusive, irrevocable, perpetual,
fully paid, worldwide license to use, copy, perform, display, and distribute
content and to prepare derivative works of, or incorporate into other works of
the said content, and to grant and authorize sublicenses of the foregoing and
all rights necessary to prohibit any subsequent aggregation or exploitation of
the content on the Platform by any party for any purpose.
17.
INDEMNITY:
Each User hereby
agrees to indemnify Ebid India, its affiliates, subsidiaries, directors,
employees, officers, agents, suppliers, service partners and consultants, from
all claims, demands and damages, whether actual or consequential, of every kind
arising out of or relating to any of such User's listings, transactions, or any
other use of the Platform, the User's breach of this Agreement or violation of
any law or the rights of a third party.
18.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES:
a) Ebid India, its suppliers and its service providers shall not
be liable for any direct, indirect, incidental, consequential, punitive,
special, exemplary or any damages whatsoever, including damages for
unsatisfactory performance of the goods/services being sold/purchased, delay,
loss of goodwill, profits, misuse of data or intangible losses arising out of
or in connection with the Platform, its services or this Agreement, whether
based on contract, tort or otherwise.
b) Under no circumstance will the liability of Ebid India is
exceed the amount of fees, if any, paid by User to Ebid India.
c) Ebid India shall bear no liability whatsoever for any
monetary or other damage suffered by User on account of delay, interruption,
failure, or corruption of any data or other information transmitted in
connection with use of the Platform.
d) Ebid India shall not be responsible for any non-performance
or breach of any contract of sale executed or to be executed between the Buyer
and Seller. Further, Ebid India will not provide any warranty or condition and
it disclaims any warranties of title, fitness for a particular purpose,
merchantability and non-infringement of the vehicles/equipment.
e) Ebid India shall bear no liability whatsoever for any
monetary or other damage suffered by User on account of delay, interruption,
failure, or corruption of any data or other information transmitted in
connection with their use of any third-party services listed on the Platform.
The User acknowledges and agrees that in case of any deficiencies or claims
arising pursuant to their availing of any third-party services, they shall have
no legal recourse to Ebid India.
19. DISPUTE
RESOLUTION:
a) This Agreement shall be governed and construed in accordance
with the laws of India, without regard to conflict of law principles. Subject
to the arbitration clauses below, Ebid India and the User agree to submit to
the exclusive jurisdiction of the courts of Bilaspur, Chhattisgarh (India)
only.
b) Ebid India and the relevant User(s) shall attempt, in good
faith, to mutually resolve any and all disputes, whether of law or fact, and of
any nature whatsoever arising from or with respect to this Agreement.
c) Failing such amicable settlement within 30 (thirty) days of
the dispute arising, the dispute shall be referred to arbitration and shall be
settled by arbitration in accordance with the provisions of the Arbitration and
Conciliation Act, 1996 (“the Act”) or any statutory amendments thereof,
notified prior to reference of dispute to arbitration, and shall be referred by
the initiator of such dispute to arbitration of a sole arbitrator to be nominated. The award given by such arbitrator
shall be final and binding on all parties.
d) The substitute arbitrator shall be appointed in place of the
appointed arbitrator in the following events:
i) death of the appointed arbitrator; or
ii) where the appointed arbitrator is unable or unwilling to act
as arbitrator for any reason whatsoever.
e) The seat of arbitration proceedings shall be Bilaspur. The
Courts at Bilaspur shall have the exclusive jurisdiction to try & entertain
all disputes and differences and/or claims, arising out of or under this
Agreement. The language of arbitral proceedings shall be English.
f) The parties hereby consent to have the arbitral proceeding
conducted by a submission of written pleadings/submissions, documents in
physical and/or any other electronic/virtual mode (through exchange of post,
e-mail and/or any other mode of electronic communication including video
conference (VC), online, virtual hearing etc., using an external application or
platform, if necessary) or a combination thereof as may be determined by the
sole arbitrator, whose decision shall be final and binding on the parties.
h) The sole arbitrator shall send a copy of the award/interim
award/order so passed by him/her and duly certified by him/her through
post/courier or a scanned image of such award or electronically/digitally
signed award to the parties through e-mail or any other electronic mode either
on his own or through the Arbitration Institution, as he/she deems fit, which
shall be considered as a signed copy for the purposes of the Act.
i) The postal/e-mail and/or any other electronic mode of address
provided by the User(s) to Ebid India under this Agreement or any other
document executed/shared by the User(s) to Ebid India shall be deemed to be an
active postal/e-mail and/or any other electronic mode of address and any
service effectuated upon such active postal/e-mail and/or any other electronic
mode of address shall be deemed to be completed. Any change or other discrepancies
in the postal/e-mail and/or any other electronic mode of address provided
above, shall be informed to Ebid India promptly.
20. GRIEVANCE
REDRESSAL OFFICER
If the User has
any grievance with respect to the Platform or Service, the User can contact Ebid
India’s grievance officer at:
Customer Care Email ID: support@ebidindia.com
Contact Number: 8818888884
21. NODAL
POINT OF CONTACT:
If the User has any grievance with respect
to the vehicles/equipment/property listed, purchased or sold on the Platform,
the User can contact Ebid India’s nodal officer to escalate:
Name: Amandeep Singh
Customer Care Email ID: support@ebidindia.com
22.
RELATIONSHIP OF USER AND EBID INDIA
a) User agrees that no joint venture, partnership, employment,
or agency relationship exists between User and Ebid India because of the
Agreement.
b) User shall have no authority to bind Ebid India in any manner
whatsoever and shall not represent to the contrary, orally or in writing.
23. NOTICES
Except when
explicitly stated otherwise, any notices to Ebid India shall be given by support@ebidindia.com
Notice/any
communication shall be sent to the User either to the email address, if any
provided by the User on the Platform or by post to the address provided by User
on the Platform during the registration process. In the event of notice being
sent through post, notice shall be deemed to be served within 7 days after the
date of posting. In the event of email, the notice is deemed to have been
served as soon as the email leaves Ebid India’s computer system/resource.
LAST UPDATED: 15/June/2026
