Tradus.in - Terms and Conditions


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1. USER AGREEMENT

ACCEPTANCE OF TERMS
1.1	The term 'user' may refer to 'buyer' or 'seller', where and as may be applicable.
1.2	The www.tradus.in website ("Website") is an domain owned and operated by ibibo Web Private Limited ("ibibo"), a company incorporated under the laws of India, with its registered office at Vatika Towers, Ground Floor, Block A, Sector 54, DLF Golf Course Road, Gurgaon – 122002, Haryana.
1.3	Through the Website, ibibo shall offer you ("User"): (i) access to and use of the Website; (ii) the facility to display, offer and sell products and services on the Website to the buyer ("Buyer"); iii) the facility to purchase products and services displayed or offered on the Website by the Seller ("Seller"); and (iv) use payment facilitation services for receiving consideration for products and services sold/provided through the Website ((i), (ii) (iii) and (iv) collectively "Service"). This Service may, subject to the terms hereof, be availed by the User, at any time during the year through the Website.
1.4	This User Agreement ("Agreement") sets out the terms and conditions on which ibibo shall provide the Services to the User through the Website. The User shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by ibibo from time to time.
1.5	Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. This Agreement shall be effective and binding upon User's 'acceptance'. 'Acceptance' shall mean User's affirmative action in clicking on "I have read the Terms and Conditions and I accept them" box and on the Submit button as provided on the registration page. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
1.6	IBIBO AT ITS SOLE DISCRETION RESERVES THE RIGHT NOT TO FACILITATE ACCEPTANCE OF ANY REQUEST BY THE USER FOR LISTING, DISPLAY OR OFFERING ANY PRODUCTS AND SERVICES THROUGH THE WEBSITE WITHOUT ASSIGNING ANY REASON THEREOF. ANY CONTRACT TO PROVIDE ANY SERVICE BY IBIBO IS NOT COMPLETE UNTIL THE ENTIRE CONSIDERATION TOWARDS THE SERVICE IS RECEIVED BY IBIBO.

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2. MODIFICATION OF TERMS

2.1	ibibo 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.

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3. PRIVACY POLICY

3.1	The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of ibibo in respect of the Website, as set out in Privacy Policy. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

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4. DEFINITIONS

1.	User
	By registering with the Website, and by submitting details as required and consenting to this Agreement, the interested party becomes a “User” of the Website. Registration and membership are offered without any charges.
2.	Offer
	Offer means the publishing of a description, designed on one’s own responsibility, to sell a product on the Website.
3.	Types of offers on the Website.
	Offers can be created in different ways. The following formats are currently available on the Website, subject to changes:
a)	Auctions:
	During an auction on the Website, an offer is published on the Website for a time period set by the seller and under conditions specified by the seller. Starting with the set minimum price, interested parties can place bids (i.e. the maximum price they are bindingly prepared to pay for it) for the offered product in a mutual competition. Placing a product for auction represents a binding offer by the seller to conclude a contract, through purchase of the offered product, with the highest bidder when the auction period is over. If a bid is placed during the last 5 minutes of the auction, the auction closes five minutes after submission of the last bid. The contract is concluded with the highest bidder.
	During multiple auctions, placement of several identical products represents a binding offer by the seller to conclude separate purchase agreements, until the stock is exhausted, with the bidders in decreasing order of the amounts of the bids placed.
b)	Fixed price offers/auctions with “buy now” price
	Placement of a product with the seller stating a so-called fixed price represents a binding offer for immediate sale of the product to anyone prepared to pay this set amount. If an auction-type offer also includes the possibility of purchasing the product immediately at a fixed price, and thus ending the auction early, this price is marked as the “Buy now” price to simplify matters.

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5. LIMITED USE/PROHIBITION AGAINST UNLAWFUL USE

5.1

The User agrees and undertakes not to buy, trade or resell or exploit for any commercial purposes, any portion of the Service.

5.2

As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website or cause any damage or hamper with the business of ibibo. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

5.3

The User agrees, undertakes and confirms that the User's use of the Website shall be strictly governed by the following binding principles:

5.3.1

"User Information" is defined as any information you provide to ibibo or Buyers/Sellers of the Website in the registration, selling or listing process, in the feedback area or through any e-mail feature. The User is solely responsible for User Information, and ibibo acts only as a passive conduit for User's online distribution and publication of User Information.

5.3.2

Before you provide the User Information or list your product, you need to find out if your product is allowed on ibibo and of the type of product is subject to certain restrictions to avoid potential issues with your listing. As a User, you are ultimately responsible for making sure that selling a product is legal in the eyes of the law. In particular, the User Information (or any products listed):

(a)

must not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(b)

must not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;

(c)

must not be fraudulent or involve the sale of counterfeit or stolen products;

(d)

must not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

(e)

must not be false, inaccurate or misleading;

(f)

must not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(g)

must not link directly or indirectly to or include descriptions of products, goods or services that:

(i)	are prohibited under this Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and the Indian Penal Code, 1860;
(ii)	are concurrently listed for sale on a web site other than the Website;

(h)

must not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i)

must not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

ibibo compiles a non-exhaustive and frequently updated

list of prohibited products for products for which offers or bids are prohibited without express prior consent from ibibo. Regardless of a product’s entry on the list, ibibo reserves the right, at all times, to delete offers, and inform the relevant authorities or affected third parties

5.4

The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the ibibo's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, any copyright violation and unwarranted modification of data and information within the content of the Website is not permitted.

5.5

No Advertising

Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the “Questions and Answers function”, etc.) or communicated in any other way through the Website shall not contain any form of advertising for products which this User is not currently, or in the immediate future, selling on the Website.

5.6

No contractual conclusion outside of the Website.

Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the “Questions and Answers function”, etc.) must not target contract conclusions outside of the Website, or directly or indirectly request this.

5.7

No auction manipulation through bids

Placing bids for the same product using more than one user name is strictly prohibited. Sellers of products are prohibited from manipulating the price of their products during the auction. Bids on products must not be placed by the seller themselves, nor by persons living in the same house as the seller, nor by third parties contracted by the seller.
Placement of bids using automated data processing methods is prohibited. Any User found to be indulging or aiding in any prohibited activity will be deleted and will not be allowed to buy or sell on the Website. list of prohibited products

5.8

No multiple listings by the Seller

Simultaneous listing of several identical or similar products is not accepted. This applies for multiple listing in the same or different categories. ibibo reserves the right to delete such offers without further enquiry.

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6. DICLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

6.1	ALL COMMERCIAL/CONTRACTUAL TERMS ARE OFFERED BY AND AGREED TO BETWEEN THE USER AND THE BUYER ALONE. THE COMMERCIAL/CONTRACTUAL TERMS INCLUDE WITHOUT LIMITATION PRICE, SHIPPING COSTS, PAYMENT METHODS, PAYMENT TERMS, DATE, PERIOD AND MODE OF DELIVERY, WARRANTIES RELATED TO PRODUCTS AND AFTER SALES SERVICES RELATED TO PRODUCTS. IBIBO DOES NOT HAVE ANY CONTROL OR DETERMINES OR ADVISES OR IN ANY WAY INVOLVES ITSELF IN THE OFFERING OR ACCEPTANCE OF SUCH COMMERCIAL/CONTRACTUAL TERMS BETWEEN THE BUYER/SELLER AND THE USER. IBIBO SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN THE USER AND THE BUYER/SELLER.
6.2	IBIBO IS A FACILITATOR FOR THE SERVICES AT THE WEBSITE AND ACTS ONLY AS AN ONLINE PLATFORM. ALL THE SERVICES OFFERED TO, THROUGH OR VIA THE WEBSITE ARE PROVIDED ON "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND FROM IBIBO, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY FOR ACCURACY, CONTUNITY, UNINTERUPPED ACCESS, TIMELINESS, QUALITY, PERFORMANCE FOR ANY PARTICULAR PURPOSE OR COMPLETENESS.
6.3	IBIBO SHALL NOT AT ANY POINT OF TIME DURING ANY TRANSACTION BETWEEN THE BUYER/SELLER AND THE USER ON WEBSITE COME INTO OR TAKE POSSESSION OF ANY OF THE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE NOR SHALL IT AT ANY POINT GAIN TITLE TO OR HAVE ANY RIGHTS OR CLAIMS OVER THE PRODUCTS OR SERVICES OFFERED BY THE USER TO THE BUYER.
6.4	IBIBO HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT IBIBO NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED.
6.5	AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST OVER THE PRODUCTS VEST WITH IBIBO NOR SHALL IBIBO HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT. IBIBO IS NOT RESPONSIBLE FOR UNSATISFACTORY OR DELAYED PERFORMANCE OF SERVICES OR DAMAGES OR DELAYS AS A RESULT OF PRODUCTS WHICH ARE OUT OF STOCK, BACK ORDERED OR OTHERWISE UNAVAILABLE. ALL PRODUCTS ARE OFFERED BY SELLERS ARE ONLY FOR A RESTRICTED TIME AND ONLY FOR THE AVAILABLE SUPPLY AS OFFERED BY SELLERS.
6.6	IBIBO IS NOT LIABLE FOR TEMPORARY UNAVAILABILITY OF THE WEBSITE, THE FAILURE OF INDIVIDUAL OR ALL WEBSITE FUNCTIONS, OR INCORRECT FUNCTIONING OF THE WEBSITE. IBIBO IS PARTICULARLY NOT LIABLE FOR TECHNICAL PROBLEMS WHICH CAUSE OFFERS OR BIDS TO BE ACCEPTED OR PROCESSED LATE OR INCORRECTLY, OR NOT AT ALL. IBIBO PARTICULARLY DOES NOT GUARANTEE THAT THE SYSTEM TIME CLOCK WILL MATCH AN OFFICIALLY SET TIME.
	IBIBO WEBSITE MAY BE TEMPORARILY UNAVAILABLE, OR ONLY AVAILABLE TO A LIMITED EXTENT, AS A RESULT OF MAINTENANCE WORK OR OTHER REASONS, WITHOUT THE USER BEING ABLE TO DERIVE ANY CLAIMS AGAINST IBIBO FOR THIS.

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7. LINKS TO THIRD PARTY SITES

7.1

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ibibo or the Website and ibibo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ibibo is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. ibibo is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by ibibo or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

7.2

ibibo is not responsible for any errors, omissions or representations on any Linked Site. ibibo does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

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8. USE OF COMMUNICATION SERVICES

8.1

The Website may contain services such as email, chat, bulletin board services, information related to various news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

(a)	defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b)	publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c)	upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
(d)	upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e)	advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
(f)	conduct or forward surveys, contests, pyramid schemes or chain letters;
(g)	download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally distributed in such manner;
(h)	falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(i)	violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
(j)	violate any applicable laws or regulations for the time being in force in or outside India; and
(k)	violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

8.2

ibibo has no obligation to monitor the Communication Services. However, ibibo reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. ibibo reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

8.3

ibibo reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ibibo’s sole discretion.

8.4

IBIBO DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, IBIBO SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WHATSOEVER WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM THE USER'S PARTICIPATION IN ANY COMMUNICATION SERVICE.

8.5

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

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9. TERMINATION OF AGREEMENT AND SERVICES/ACCESS RESTRICTION

9.1	IBIBO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE THE ACCESS TO THE WEBSITE AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT ANY PRIOR NOTICE.
9.2	The User agrees that ibibo may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the Privacy Policy, Buying and selling forbidden products, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified.
9.3	This Agreement may be terminated by the User only through a written notice to ibibo or by sending an email to ibibo on customerservice@tradus.in as long as all the requirements below are met: The User’s account status has been settled, i.e. there is no balance in favour of ibibo. The User is not currently selling any products on the Website. The User is not participating in any current auctions as a bidder. Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify ibibo of such discontinuance.
9.4	Upon termination of the Service, User's right to use the Website/Services shall immediately cease. The User shall have no right and ibibo shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.

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10. FEES PAYMENT

10.1

Listing and sale charges – For the Seller

ibibo charges the seller a listing fee to offer the products on the Website. Listing options for specific offer arrangement also incur a fee according to the fee structure. In the event of successful contract conclusion, the seller must also pay to ibibo a Transaction Commission. All aforementioned fees are payable immediately. ibibo reserves the right to adjust the fee at any time. If the seller deletes or modifies an offer while the offer is still valid, this does not entitle the seller to reimbursement or reduction of the listing fees incurred.

Depending on the type of offer modification, additional fees may be incurred, particularly if additional listing options are selected. ibibo shall not be making any fee refunds to the Seller under any circumstances whatsoever. To know the fee structure click here.

10.2

ibibo reserves the right to change the fee structure from time to time. In particular, ibibo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ibibo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee structure shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR).

Taxes: User is responsible for paying all fees associated with the use of the Website and Services, and the User agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Non-payment: ibibo reserves the right to issue a warning, temporarily/indefinitely suspend or terminate User’s membership of the Website and refuse to provide the User with access to the Website in case of non-payment of fees by the User to ibibo. ibibo also reserves the right to take legal action in case of non-payment of fees by the User to ibibo.

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11 USER'S OBLIGATIONS AND USER ACCOUNT

11.1	In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract under Indian Contracts Act, 1872 and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.
11.2	To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
11.3	The User also understands that the Services may include certain communications from ibibo as service announcements and administrative messages.
11.4	Registration of the User on the Website is optional. Only limited access to the Website is available to non-registered User. Non-registered User may not be permitted to avail of the Services on the Website. In order to obtain increased access to the Website and in order to avail of the Services the User is required to register on the Website as a registered User. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party.
11.5	THE USER ALSO AGREES AND UNDERTAKES TO IMMEDIATELY NOTIFY IBIBO OF ANY UNAUTHORIZED USE OF THE USER'S PASSWORD OR USER ID AND TO ENSURE THAT THE USER LOGS OFF AT THE END OF EACH SESSION AT THE WEBSITE. IBIBO SHALL NOT BE RESPONSIBLE FOR ANY, DIRECT OR INDIRECT LOSS OR DAMAGE ARISING OUT OF THE USER'S FAILURE TO COMPLY WITH THIS REQUIREMENT.
11.6	The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or ibibo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ibibo has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
11.7	Furthermore, the User grants ibibo the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
11.8	User agrees to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of ibibo service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services. User agrees to not engage in any transaction in an product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

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12 SELLER OBLIGATIONS

A	Authority to possess the product offered
	The seller may only offer products it is authorised to possess, i.e. for which it is completely and unconditionally capable and entitled to transfer possession and property to the Buyer.
B	No sale of prohibited items
	It is prohibited to sell products for which the offer, sale, purchase, submission or usage could violate legal regulations or good faith. ibibo compiles a non-exhaustive and frequently updated list of prohibited products for products for which offers or bids are prohibited without express prior consent from ibibo. Regardless of a product’s entry on the list, ibibo reserves the right, at all times, to delete offers, and inform the relevant authorities or affected third parties.
C	Correct information about the item of purchase
	The seller is obliged to provide truthful and correct information on the offered product and to advise full payment and delivery details. All known product/packaging defects must be stated. This also particularly applies for used products or products with damaged packaging. The seller is obliged to publish their offer in a relevant product category on the market place.The Seller has to ensure the quality and warranties of the offered products. Sellers are expected to consistently perform in a manner that results in high level buyer satisfaction and such intent should be maintained. Below are certain terms that each Seller must honour: Accurately describing the condition, size, and quality of the product directly in the listing. Accurately mention the complete warranty conditions against each product description. Mentioning the complete shipping details along with each product description. Honouring the original terms of sale by accepting payment for the product at the end of a successful sale. Promptly shipping product with proper packaging once payment has been received. Ensuring a repair/replacement of the product to the Buyer if the same is lost/damaged in transit. Responding promptly and courteously to questions from the buyer throughout the transaction.
D	No multiple listings
	Simultaneous listing of several identical or similar products is not accepted. This applies for multiple listing in the same or different categories. ibibo reserves the right to delete such offers without further enquiry.
E	No prior sale
	The seller is not permitted to sell the listed products on any other website during the auction or grant third parties rights thereto.
F	Listing and sale charges
	ibibo charges the seller a listing fee to offer the products on the Website. Listing options for specific offer arrangement also incur a fee according to the fee structure. In the event of successful contract conclusion, the seller must also pay to ibibo a sales charge; for offers in the form of classified ads, no sales charge is incurred. All aforementioned fees are payable immediately and are charged by email. The fee amounts, as well as relevant invoicing and payment conditions, can be found in the latest fee structure. ibibo reserves the right to adjust the fee at any time. If the seller deletes or modifies an offer while the offer is still valid, this does not entitle the seller to reimbursement or reduction of the fees incurred. Depending on the type of offer modification, additional fees may be incurred, particularly if additional listing options are selected. ibibo shall not be making any fee refunds to the Seller under any circumstances whatsoever.

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13 OFFER PROCESS

1	Offer obligation
	In so far as no bid has been placed, the seller is entitled to delete, and thus withdraw, their offer. As soon as bid is placed, the seller is bound to the offer.
2	Bids format
	Bids can only be placed in the designated mask on the relevant offer page. Bids placed in other formats, particularly by email, are invalid.
3	Bid obligation
	By placing a bid, the bidder declares they will purchase the offered product under the conditions specified by the Seller or agreed on individual with the latter (payment methods, transport methods, shipping costs etc.) in the event they are the highest bidder at the end of the auction. The bidder is bound to their bid, unless a higher bid is placed. Modification or retraction of a bid is not permitted. For multiple auctions, the bid only expires if higher bids have exhausted the total number of auction products. If, during a multiple auction, the bidder is only outbidded in one part of the desired products, they are still obliged to accept the number of products sold to them. If a bid is deleted, the second-highest bid is only applied with the express consent of the relevant bidder. If the offer description is changed after a bid is placed, and this change does not appear to make the offered product more valuable, the highest bidder at this time, or, for multiple auctions, those bidders who would receive a discount if the auction were concluded at that time, is entitled to withdraw their bid. Any relevant queries should be emailed to customerservice@tradus.in
4	"Direct Offer" obligation
	If a User makes a “Direct Offer” using the mask activated for this by the Seller and marked “Direct Offer”, they thus submit a binding offer of purchase. The User is bound to this direct offer for 14 calendar days, insofar as the Seller does not reject this earlier, the offer duration does not expire earlier, a bid is placed, and the offer is not ended earlier through the Buy Now price or withdrawal of the offer.
5	Obligation of an offer to outbidded bidders
	Once an auction is over, the seller is entitled to offer the outbidded bidders an identical product for the amount of the relevant bids using the corresponding function in “My ibibo”/”Successful Auctions”. A relevant offer remains valid for 14 calendar days and cannot be withdrawn by the seller during this time. The product may also not be offered or sold elsewhere during this time.
6	Contract conclusion
	Once the offer period is over, a binding contract between the seller and the highest bidder takes effect without further notice. If a member bids an amount totalling the Buy Now price or fixed price, a binding contract between them and the seller takes effect immediately without further notice.

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14 CONTRACTUAL CONTENT

a)	Seller conditions
	The content of the concluded contract is determined by the product description (including additions, for example seller information as part of the “Questions and Answers” function) listed by the seller, and the conditions specified by the seller, as seen on the offer webpage at the time of the successful bid, as well as after any discussions between the parties before contractual conclusion. The seller is obliged to grant the purchaser possession and unconditional ownership, free of third party rights, of the product, in exchange for payment of the purchase price. Liability exemptions regarding this are not permitted. Cession of ibibo fees by the seller to the purchaser is not permitted and therefore not part of the contractual content. The purchase price is always understood as being inclusive of the value-added tax or any other sales taxes.
b)	Product description
	The product description is part of the contractual content, i.e. the seller ensures that the product displays the characteristics described including warranty conditions and shipping details. Should any information not be guaranteed, the seller must clearly state this.
c)	Content in the absence of differing sales conditions for goods purchases:
	If, at the time the bid is placed, there are no deviant conditions or no clearly differing product description by the seller, and the parties have not arranged otherwise, the following contractual content applies for goods purchases: The seller is liable for product defects, i.e. non-described defects which drastically affect the value or use of the product for the designated purpose. The seller is particularly liable, in the absence of a clearly different description, for the functional efficiency of a device sold. The risk of product destruction is transferred to the buyer when the product is submitted for shipment or handed over to the buyer. Any recycling fee is included in the purchase price, i.e. not to be paid extra by the buyer. Indian law applies for all disputes arising between the contractual parties in relation to the offer.

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15 CONTRACTUAL EXECUTION

a)	General
	Both contractual parties agree and are obliged to comply with the contractual terms entered into between them, in its entirety and within the timelines given on the site. No seller right of withdrawal exists and once an product has been uploaded on the site by the seller he is bound by the terms of the site and cannot withdraw his offer to sell. Contractual execution is the parties’ business; fulfilment (execution) of the deal is governed by their respective contractual conditions. This particularly also applies for the due date of individual contractual services (i.e. for the time from which the actual service can be demanded and also legally enforced). If the offer contains no regulations regarding this, and the parties have also not agreed on anything between them, the following points b-e) apply:
b)	Communication
	Each party must provide the other, within 14 calendar days of contract conclusion, with complete information which the other party requires to be able to fulfil the contract.
c)	Due date
	The contract service owed must be completed appropriately and in full within 14 days of contract conclusion. If under any circumstances, a User is obliged to make any payment in advance then must do so within 14 calender days of contract conclusion. If the Buyer is unable to make payment for the product purchased within 14 days from the contract conclusion, then ibibo shall not be held liable for delivery of the product. The Buyer shall be responsible towards paying the shipping costs, where applicable, in the final cost payable. The Buyer agrees that the shipping time may vary depending on many factors such as location, accessibility, means etc. and that no party has any bargaining power over the same.
d)	Withdrawal
	If a User does not render their due service despite being requested to do so, their contractual partner is entitled to withdraw from the contract and reclaim any services already rendered from their end. This does not apply if an act done by the contractual partners themselves led to the failure in rendering of the service by the User.
e)	Product defects
	It is understood by the Buyer, that Pictures of the Products shown are merely indicative and are not an identical representation of the actual product. In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product’s value or serviceability for the designated purpose, comes into the notice of the buyer, he/she must advise the seller of this defect within 14 calendar days of product delivery in order to request for rectification at the seller’s expense. The same applies in case the product lacks a characteristic stated or does not contain the features as have been detailed in the offer description by the seller. The above clause in no way restricts further warranty or guarantee rights. The Buyer must ensure the product is brought to the relevant seller service centre or is sent at their own expense. Should the seller not respond to two defect notices, or should the rectification made not provide the desired success, the buyer is entitled to withdraw from the contract. In such a situation, Seller shall refund the entire amount to the Buyer, but no refund of any kind shall be made to the Seller including listing fees.

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16 PAYMENT TERMS FOR THE SELLER:

a)	ibibo will transfer payment to the Seller only after they have received a confirmation for receipt of product from the Buyer.
b)	ibibo will be entitled to deduct such amount of fees as applicable, from the Seller, and then transfer payment to the Seller.
c)	In case the Buyer reports any defect, deficiency in the product, the Seller will have the duty to replace or repair such defect or deficiency, failing which the Seller shall make full refund of the purchase amount to the Buyer. ibibo will be entitled to deduct the refund amount from the Seller in case the Seller fails to make refund of that particular amount due to the Buyer.
d)	In the event that the Buyer makes payment of the Product he/she intends to purchase but the Seller fails to deliver the said Product to the Buyer, for any reason whatsoever, then ibibo will be entitled to deduct 10% from the Seller’s trading account on the Website.

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17 BREACH

17.1

WITHOUT PREJUDICE TO THE OTHER REMEDIES AVAILABLE TO IBIBO UNDER THIS AGREEMENT OR UNDER APPLICABLE LAW, IBIBO MAY LIMIT THE USER'S ACTIVITY, OR END THE USER'S LISTING, WARN OTHER USERS OF THE USER'S ACTIONS, IMMEDIATELY TEMPORARILY/INDEFINITELY SUSPEND OR TERMINATE THE USER'S REGISTRATION, AND/OR REFUSE TO PROVIDE THE USER WITH ACCESS TO THE WEBSITE IF:

(A)	THE USER IS IN BREACH OF THIS AGREEMENT, THE PRIVACY POLICY AND/OR THE DOCUMENTS IT INCORPORATES BY REFERENCE;
(B)	IBIBO IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION PROVIDED BY THE USER; OR
(C)	IBIBO BELIEVES THAT THE USER'S ACTIONS MAY INFRINGE ON ANY THIRD PARTY RIGHTS OR BREACH ANY APPLICABLE LAW OR OTHERWISE RESULT IN ANY LIABILITY FOR THE USER, OTHER USERS OF THE WEBSITE AND/OR IBIBO.

17.2

IBIBO MAY AT ANY TIME IN ITS SOLE DISCRETION REINSTATE SUSPENDED USERS. ONCE THE USER HAVE BEEN INDEFINITELY SUSPENDED THE USER MAY NOT REGISTER OR ATTEMPT TO REGISTER WITH IBIBO OR USE THE WEBSITE IN ANY MANNER WHATSOEVER UNTIL SUCH TIME THAT THE USER IS REINSTATED BY IBIBO. NOTWITHSTANDING THE FOREGOING, IF THE USER BREACHES THIS AGREEMENT, THE TOS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, IBIBO RESERVES THE RIGHT TO RECOVER ANY LOSSES, DAMAGES, CLAIMS SUFFERED OR INCURRED BY IBIBO AND ANY AMOUNTS DUE AND OWING BY THE USER TO IBIBO AND TO TAKE LEGAL ACTION AS IBIBO DEEMS NECESSARY.

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18 PROPRIETARY RIGHTS

18.1

ibibo may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by ibibo and shall not copy, transmit or create derivative works of such material without express authorization from ibibo.

18.2

The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

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19 RELATIONSHIP

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and ibibo and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes ibibo and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed ibibo and its agents as their agent for this purpose. Further it is clarified that the use of or access to the Website or any facilities are not intended to create an agency, partnership, joint-venture or employer-employee or vendor-vendee relationship between the User, ibibo and/or the Website.

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20 HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

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21 INTERPRETATION OF NUMBER AND GENDERS

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

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22 INDEMNIFICATION

THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS IBIBO AND THE WEBSITE, IBIBO'S PARENT, SUBSIDIARIES, AFFILIATES, THIRD PARTIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY IBIBO AND/OR THE WEBSITE THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY THE USER PURSUANT TO THIS AGREEMENT AND/OR THE TOS.

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23 SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

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24 NOTICES

24.1

All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:

(a)	if to ibibo, at Vatika Towers, Ground Floor, Block A, Sector 54, DLF Golf Course Road, Gurgaon – 122002, Haryana or at the address posted on the Website.
(b)	if to a non registered User, at the communication and/or email address specified in the application form availing of a Service.
(c)	if to a registered User, at the communication and/or email address specified in the registration form.

24.2

Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

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25 ARBITRATION

If any dispute arises between User and ibibo during the User’s use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Privacy Policy or any document further incorporated by ibibo in connection with the Website, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by ibibo. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

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26 GOVERNING LAW

THIS AGREEMENT AND PRIVACY POLICY SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH THE LAWS OF INDIA WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES AND DISPUTES ARISING IN RELATION HERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF NEW DELHI.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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