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Use of the Site is available only to persons who can form legally
binding contracts under 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 Site. If
you are a minor i.e. under the age of 18 years, you cannot register as a
member of the Site and cannot sell, purchase or bid for any items on the
Site. If you wish to purchase or sell an item on the Site such purchase or
sale may be made by your legal guardian or parents who have registered as
users of the Site provided that such purchase or sale is not in relation
to any adult material/mature audience items displayed on the Site, the
sale or purchase of which to/by minors is strictly prohibited.
astroandvastu.com
reserves the right to terminate your membership and refuse to provide you
with access to the Site if astroandvastu.com discovers that you are under the age of
18 years. The Site is not available to suspended or terminated members. If
you are registering as a business entity, you represent that you have the
authority to bind the entity to this Agreement.
 If you use the Site, you are responsible for maintaining the
confidentiality of your account and Password and for restricting access to
your computer, and you agree to accept responsibility for all activities
that occur under your account or Password.
You agree to:
(a) Provide true, accurate, current and complete information about
yourself as prompted by astroandvastu.com's registration form (such information
being the "Registration Data") (b) You must not include any of your
contact details such as email addresses etc in your username; and (c)
Maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete or astroandvastu.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the User Agreement,
astroandvastu.com has the right to indefinitely suspend or terminate your
membership and refuse to provide you with access to the Site.
When you visit the Site or send emails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by email or by posting
notices on the Site. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
Joining astroandvastu.com is free. astroandvastu.com does not charge any fee for browsing
and bidding on the Site. astroandvastu.com charges Transaction Fees to all
sellers when their item is successfully sold on the Site and Special
Listing Fees are charged to Sellers who use the Special Listing Feature
for listing their items. The Special Listings Feature is currently
not available. Before you list an item for sale on the
Site, we request you to review our Fee Charging and Credit policies.
Details relating to these policies are available at Fee Help. See our Fees
Policy The Fee Charging and Credit policies on astroandvastu.com are effective from
26 October 2001. However, astroandvastu.com reserves the right to change its Fee Charging
and Credit policies from time to time. In particular, astroandvastu.com may at its
sole discretion introduce new services and modify some or all of the
existing services offered on the Site. In such an event astroandvastu.com 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 Charging and Credit policies shall be posted on the Site and such
changes shall automatically become effective immediately after they are
posted on the Site.
Unless otherwise stated, all fees shall be quoted in Indian Rupees. You
are responsible for paying all fees associated with the use of the Site
and you agree to bear any and all applicable taxes, charges, cases etc.
levied thereon. astroandvastu.com reserves the right to issue a warning, temporarily
/indefinitely suspend or terminate your membership and refuse to provide
you with access to the Site in case of non-payment of fees by you to
astroandvastu.com. astroandvastu.com also reserves the right to take legal action in case of
non-payment of fees by you to astroandvastu.com.
See Fees Structure
You
agree, undertake and confirm that your use of the Site shall be strictly
governed by the following binding principles:
(a) " "Your Information" is defined as any information you
provide to us or other users of the Site ("Users") in the registration,
bidding, buying or listing process, in the feedback area or through any
e-mail feature. You are solely responsible for Your Information, and we
act as a passive conduit for your online distribution and publication of
Your Information.
(b) Your Information (or any items listed):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale
of counterfeit or stolen items;
(iii) shall not
infringe any third party's intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy;
(iv) shall not, directly or indirectly, offer,
attempt to offer, trade or attempt to trade in any item, the dealing of
which is prohibited or restricted in any manner under the provisions of
any applicable law, rule, regulation or guideline for the time being in
force. Without prejudice to the generality of the above,
astroandvastu.com does not
permit transactions in the following items: "Securities" within the
meaning of the Securities Contract Regulation Act, 1956, including
shares, bonds, debentures, etc. and/or any other financial
instruments/assets of any description.
• Living, dead creatures and/or the whole or any part of any
animal which has been kept or preserved by any means whether
artificial or natural including rugs, skins, specimens of animals,
antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other
animal products of any description the sale and purchase of which is
prevented or restricted in any manner by applicable laws
• Weapons
of any description.
• Liquor, tobacco products, drugs,
psychotropic substances, narcotics, intoxicants of any description,
medicines, palliative/curative substances.
• Religious items,
including books, artifacts, etc. of any description or any other such
item which is likely to affect the religious sentiments of any person.
• "Antiquities" and "Art Treasures" in violation of the provisions
of the Antiquities and Art Treasures Act, 1972 ("the Act")
• Used
cellular phone SIM Cards.
• any adult material/mature audience items displayed on the Site,
the sale or purchase of which to/by minors is strictly prohibited.
(v) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing;
(vi)
shall not be obscene or contain pornography;
(vii) shall not contain
any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs
or other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information;
(viii) shall not create liability for
us or cause us to lose (in whole or in part) the services of our ISPs or
other suppliers; and
(ix) shall not link directly or indirectly to
or include descriptions of items, goods or services that:
- are prohibited under the User Agreement;
- are identical to other items you have up for auction but are
priced lower than your item's price, the reserve price of the item or
minimum bid amount;
- are concurrently listed for sale on a web site other than the
Site; or
- you do not have a right to link to or include.
(c) Solely to enable astroandvastu.com to use the information you supply us
with, so that we are not violating any rights you might have in Your
Information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right
to exercise the copyright, publicity, and database rights (but no other
rights) you have in Your Information, in any media now known or not
currently known, with respect to Your Information. astroandvastu.com will only use
Your Information in accordance with the User Agreement User Agreement and astroandvastu.com's Privacy Policy.
(d) You represent and confirm that you shall be the sole and
exclusive legal owner of all items, goods or products of any description
that you wish to offer for sale on the Site. You shall have complete right
title and authority to deal in and offer for sale such items, goods or
products.
(e) In the event that any transaction or attempted transaction
relating to any item, good or service which is violative of this User
Agreement comes to your knowledge, you shall take all steps to inform
astroandvastu.com of the same. You may contact astroandvastu.com at info@astroandvastu.com
(f) You shall not, either alone or in conjunction with other
Users, manipulate or attempt to manipulate the prices of any item being
sold or purchased on the Site.
(g) You shall comply with all applicable Domestic (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, Income Tax,
Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding
your use of our service and your bidding on, listing, purchase,
solicitation of offers to purchase, and sale of items. You shall not
engage in any transaction in an item which is prohibited by the provisions
of any applicable exchange control laws or regulations for the time being
in force. In particular you shall ensure that if any of your items listed
on the Site qualifies as an "Antiquity" or "Art treasure" as defined in
the Act ("Artwork"), you shall indicate that such Artwork is
"non-exportable" and shall ensure that it is not delivered to any Winning
bidder/buyer (as defined under the Bidding and Buying section) at any
place outside India.
(h) From time to time, you shall be responsible for providing
information relating to the items proposed to be sold by you. In this
connection, you undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the attributes of
such items so as to mislead other Users in any manner.
(i) You will not disclose your contact details like Phone
number, address, emailing address in bidding, buying or listing process,
or anywhere on the Site including the feedback area, discussion forum,
guest book or
through any e-mail feature to bypass astroandvastu.com.
(j) You cannot submit view /sell/ buy / bid any potential adult material/mature audience items on
the site. Such material or items are not to be
viewed/sold/bought/bid on the site. If you do not agree, please do not use our services.
If you choose to view /sell/ buy / bid on mature audience items or
items that are restricted to adult use, you are liable for that and we
have the right to end your membership and can take a legal action against
you.
(k) You certify that you will not sell, list or display any
mature audience items or items that are restricted to adult use on the
Site.
You acknowledge that astroandvastu.com will not be responsible for any
liability arising from your default in complying with the provisions of
this clause.
The Site is only a
venue where Users may meet and interact with one another for their
transactions. astroandvastu.com is not and cannot be a party to or control in any
manner any transaction between two Users of the Site. Consequently:
(a) astroandvastu.com is not responsible for any non-performance or breach
of any contract entered into between Users. astroandvastu.com cannot and does not
Guarantee that the concerned Users will perform any transaction concluded
on the Site. astroandvastu.com shall not and is not required to mediate or resolve
any dispute or disagreement between Users.
(b) astroandvastu.com does not make any representation or Warranty as to
the attributes (such as quality, worth, marketability, etc.) of the items
or services proposed to be sold or purchased on the Site. In particular,
astroandvastu.com does not implicitly or explicitly support or endorse the sale or
purchase of any items on the Site. astroandvastu.com accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
(c) astroandvastu.com does not make any representation or Warranty as to
the attributes (such as legal title, creditworthiness, identity, etc.) of
any of its Users. You are advised to independently verify the bona fides
of any particular User that you choose to deal with on the Site and use
your best judgment in that behalf.
(d) The Site is a channel of communication whereby the Users can
reach a larger base to buy and sell items. astroandvastu.com is only providing a
platform for communication and it is agreed that the contract for sale of
any of the Products shall be a strictly bipartite contract between the
Seller and the Winning bidder/buyer. At no time shall any right, title or
interest over the items vest with astroandvastu.com nor shall
astroandvastu.com have any
obligations or liabilities in respect of such contract. astroandvastu.com is not
responsible for damages or delays as a result of items which are out of
stock, back ordered or otherwise unavailable. All items are offered only
for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and
conditions of delivery, insurance etc. with the other registered Users
that you transact with.
(f) You release and indemnify astroandvastu.com and/or any of its officers
and representatives from any cost, damage, liability or other consequence
of any of the actions of the Users of the Site and specifically waive any
claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, astroandvastu.com cannot
control the information provided by other Users which is made available on
the Site. You may find other User's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice
safe trading when using the Site. Please note that there are also risks of
dealing with foreign nationals, underage persons or people acting under
false pretense.
We do not sell or rent your personal information to third parties for
their marketing purposes without your explicit consent and we only use
your information as described in the Privacy Policy. We view protection of
users' privacy as a very important community principle. We understand
clearly that you and your information is one of our most important assets. We use third parties to verify and certify our privacy
principles. Our current Privacy Policy is available at http:/www.astroandvastu.com/policy/astroandvastu_privacy_policy.htm
you object to your Information being transferred or used in this way
please do not use our services.
Without limiting other remedies, astroandvastu.com may limit your activity,
immediately remove your bids or item listings, warn our community of your
actions, immediately issue a warning, temporarily/indefinitely suspend or
terminate your membership and refuse to provide you with access to the
Site:
(a) If you breach the User Agreement or the documents it
incorporates by reference;
(b) If astroandvastu.com is unable to verify or
authenticate any information you provide; or
(c) If it is believed
that your actions may cause legal liability for you, other Users or
astroandvastu.com.
astroandvastu.com may at any time at its sole discretion reinstate
suspended Users. A User that has been indefinitely suspended may not
register or attempt to register with astroandvastu.com or use the Site in any manner
whatsoever until such time that such User is reinstated by
astroandvastu.com.
Notwithstanding the foregoing, if you breach the User Agreement or the
documents it incorporates by reference, astroandvastu.com reserves the right to
recover any dues owed by you to astroandvastu.com and to take strict legal action
including but not limited to a referral to the Cyber Crime Division /
initiating criminal proceedings against you.
If you submit a request to buy any available item or material on our
site then u are obligated to complete
the transaction with the seller.
An action to purchase may be increased in price or volume later
but may not be withdrawn. Purchases cannot be canceled. By
purchasing on an item you agree to be bound by the conditions of
sale included in the item's description (or linked to from the
description) so long as those conditions of sale are not in violation of
the User Agreement or unlawful. In case of consumer goods, sellers on the
Site may or may not specify the retail prices of the items being sold. You
are advised to independently verify the retail prices of such items if you
so desire.
astroandvastu.com strongly advises you not to test the site with false
selling/purchases, as it will put you at substantial personal legal risk. It
is a crime to use a false name, other false personal information or a
known invalid Credit Card to buy. Willfully entering erroneous or
fictitious bids may result in prosecution by astroandvastu.com.
Please be aware that even if you do not give astroandvastu.com your real name,
your Web browser transmits a unique address to us, which can be used by
law enforcement officials to identify you.
As buyers on the Site we encourage you to post feedback on the seller
after the auction is closed.
In case of purchase of/placing a order for an "non-exportable" on the Site you agree that the
item shall
not be exported out of India or otherwise dealt in any such manner which
shall be in contravention of any law for the time being in force or any
rules, regulations, notifications and orders passed there under.
The Buyer Protection Program seeks to assist buyers who have been
defrauded by sellers on the site. If a buyer has made a payment for an
item and has never received it or has received an item that is
significantly lower in value as compared to what was described, the buyer
can seek protection under the Buyer Protection Program. Every buyer can claim for only 3
complaints over a one-year period commencing 1st January each year.
If the seller is found guilty of defrauding the buyer for which
astroandvastu.com
has reimbursed the buyer, the sellers account on astroandvastu.com shall be
blacklisted and astroandvastu.com shall charge the seller with the value of the item
and a penalty of 20% of the value of the item. Further astroandvastu.com reserves the
right to recover the dues and take strict legal action (including
initiating criminal proceedings) against the seller.
Any person who, knowingly and with intent to injure, defraud or
deceive, files a Fraud Complaint containing false, incomplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
You can send us a feedback with a
heading of Buyers Protection with the complete detail. As a registered member, you may list item/s for sale on the Site. You
must be legally able to sell the item(s) you list for sale on our Site.
You must ensure that the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights
of publicity or privacy rights of third parties. Listings may only include
text descriptions, graphics and pictures that describe your item for sale.
All listed items must be listed in an appropriate category on the Site.
Soliciting business offline or outside of the Site, by indicating your
contact details (e.g. contact phone number, address or e-mail ID) in the
item listing or elsewhere on the Site other than in the Registration data
is expressly prohibited and would be considered as a breach of the User
Agreement. All listed items must be kept in stock for successful
fulfillment of selling. The seller must inform astroandvastu.com if the
product is been sold or not been available further for selling. The
listing description of the item must not be misleading and must describe
actual condition of the product. If the item description does not match the
actual condition of the item, you agree to refund any amounts that you may
have received from the buyer. You agree not to list a
single product in multiple quantities across various categories on the
site. astroandvastu.com reserves the right to delete such multiple listings of the
same product listed by you in various categories.
You are
legally obligated to complete the transaction sale contract with the
buyer upon the item's sale online. You must contact the Winning
buyer within 72 hours of item selling successfully and supply the item to
the Winning buyer in a merchantable condition within 48 hours of receiving
the payment from the Winning buyer, unless there is an exceptional
circumstance, such as:
(a) The buyer fails to meet the terms of your listing (such
as payment method), or
(b) You cannot authenticate the
Buyer's identity. Without limiting any other remedies, astroandvastu.com may
suspend or terminate your account if you are found to have engaged in
fraudulent activity in connection with the use of the Site. As sellers
on the Site we encourage you to post feedback on the buyer after the
auction is closed.
We encourage buyers and sellers on the Site to provide feedback to each
other after the auction has closed, this helps all Users to know what it
is like to deal with the said buyer/seller. After you conduct a
transaction, we encourage you to leave feedback for the buyer or seller
that you dealt with. Please remember that you cannot retract the feedback
once you have left it. Your feedback will be displayed along with your
user ID. astroandvastu.com will not be responsible for the feedback that you post on
the Site and you should be careful about making comments that are not
factual in nature.
You may not take any actions that may undermine the integrity of the
feedback system. If you continue to receive negative feedback ratings,
astroandvastu.com reserves the right to suspend your membership, and you will be
unable to list, buy or bid on the Site.
You acknowledge that your feedback consists of comments
left by other Users and a composite feedback number compiled by
astroandvastu.com,
and that the composite number without the comments does not convey your
full user profile. As feedback ratings are not designed for any purpose
other than for facilitating trading between the Users, you agree that you
shall not market or export your astroandvastu.com feedback rating in any venue other
than on the Site.
astroandvastu.com and its suppliers provide the Site and services "as is" and
without any Warranty or condition, express, implied or statutory and
specifically disclaim any implied Warranties of title, merchantability,
fitness for a particular purpose and non-infringement. You expressly agree
that your use of the Site is at your sole risk.
In no event shall astroandvastu.com or its suppliers be liable for any direct,
indirect, incidental, special, incidental, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising out of or in
connection with the Site, its services or this agreement (however arising,
including negligence).
astroandvastu.com's liability in any circumstance is limited to the amount of
fees, if any, paid by you to astroandvastu.com. astroandvastu.com, its associates and technology
partners make no representations or Warranties about the accuracy,
reliability, completeness, current ness and/or timeliness of any content,
information, software, text, graphics, links or communications provided on
or through the use of the Site or that the operation of the Site will be
error free and/or uninterrupted. Consequently, astroandvastu.com assumes no liability
whatsoever for any monetary or other damage suffered by you on account of
(i) The delay, failure, interruption, or corruption of any data or
other information transmitted in connection with use of the Site; and/or
(ii) Any interruption or errors in the operation of the Site. You
expressly understand and agree that astroandvastu.com shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if
astroandvastu.com has been
advised of the possibility of such damages).
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of the User
Agreement or the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to
constitute a partnership or agency between you and astroandvastu.com and you shall
have no authority to bind astroandvastu.com in any manner whatsoever.
Except
as explicitly stated otherwise, any notices shall be given by postal mail
to astroandvastu.com Attn: Legal Department astroandvastu.com 1/45 A,
Punjabi Bagh Extention, New Delhi-110026 (in the case of astroandvastu.com) or to the email address you
provide to us during the registration process (in your case). Notice shall
be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return receipt requested, to
the address provided to us during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and astroandvastu.com during your use of the
Site or thereafter, in connection with the validity, interpretation,
implementation or alleged breach of any provision of the User Agreement,
the dispute shall be referred to a sole Arbitrator who shall be an
independent and neutral third party identified by astroandvastu.com. The place of
arbitration shall be New Delhi. The arbitration
proceedings shall be in the English language.
The User Agreement shall be governed and construed in accordance with
the laws of India.
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