Terms And
Condition
NSIL INFOTECH limited ("NIL") provides a web site located on the internet at
[www.esteelauction.com] where registered buyers trade in steel
products using the web platform and services rendered by NSIL INFOTECH
website.
Your use of this web site indicates that you accept this “Company User
Agreement” (CUA) without modification and any other operating rules or policies
that NSIL INFOTECH may create and/or revise from time to time and makes
available on this site. "This site" refers to the site esteelauction.com
including any parts thereof; "you" or "your" refers to the individual or entity
using this site; with which NSIL INFOTECH has created a version of this site or
that NSIL INFOTECH has authorized to link to this site or with which NSIL
INFOTECH has a joint promotion relationship. You represent and warrant that you
are authorized and empowered to agree to this CUA on behalf of yourself and any
entity that you purport to represent. By accessing, browsing, and or using this
site, you acknowledge that you have read, understood, and agree to be bound by
this CUA. If you do not agree to these terms, do not use this site.
NSIL INFOTECH may at any time revise this CUA by updating this posting. By
using this site, you agree to be bound by any such revisions and therefore you
should periodically visit this page of the site to examine the then current CUA
to which you are bound. Certain provisions of this CUA may be superseded by
expressly designated legal notices or terms located on particular pages at this
site.
In consideration for the use of this site, you agree to (1) provide complete
and accurate information about yourself when so prompted by this site and (2)
maintain and update this information as necessary to keep it current, complete
and accurate. Any use of your personal information is set forth in our Privacy
Policy.
Eligibility
Auction on the site is available only to individuals and businesses
who can enter into legal contracts. Persons registering warrant that they
provide accurate information. NSIL INFOTECH reserves the right to disapprove
your registration or terminate your use of the site for any reason at any time.
User name and password
You are solely responsible for all use and for protecting the
confidentiality of your user name and password and e-mail address. Furthermore,
you are entirely responsible for any and all activities, which occur, under
your account. You agree to immediately notify NSIL INFOTECH of any unauthorized
use of your account or any other breach of security known to you.
Grant of Licence And Restrictions
NSIL INFOTECH hereby grants you a limited, non-exclusive,
non-transferable, non-sub licensable, revocable license to use this site only
for managing your purchase/sale for yourself or on behalf of your entity. You
may not rent, lease, grant a security interest in, or otherwise transfer any
rights you have in the use of this site. You are prohibited from reselling or
acting as a service bureau for the purchasing services of this site. You are
also prohibited from reverse engineering, modifying, de-compiling,
disassembling, translating or otherwise attempting to derive source code from
any part of this site
Circumvention of NSIL INFOTECH
Member agrees not to identify and engage in negotiations with counter party on
the Exchange and then agree on the terms of the same transaction or otherwise
circumvent the payment to NSIL INFOTECH of the Transaction Fee contemplated in
these Terms and Conditions. A Member who agrees on the terms of a transaction
off the Exchange is still liable to pay NSIL INFOTECH the applicable
Transaction Fee for such transaction. In addition, any Member who engages in
circumvention is subject to having its membership in NSIL INFOTECH immediately
and permanently revoked.
Membership Fees
Initially the membership is being offered under categories namely regular
membership is free but for availing benefits, members would be required to pay
the Rs.10000/- against security deposit as per the rules of NSIL INFOTECH
from time to time. NSIL INFOTECH has the right to deny access to NSIL INFOTECH
Web Site to any Member who has not paid the requisite security deposit. The
security deposit is refundable and non-interest.
Terms and Conditions between Members
Upon registration of a Member, these Terms and Conditions of
Use, as may be amended, modified or replaced from time to time, accessible
through the www.esteelauction.com Web Site and the Transaction Fee Schedule
governs your use of www.esteelauction.com Web Site and participation in
constitutes a Member's "Membership Agreement".
Disclaimer of warranties
NSIL INFOTECH limited(NIL) is an auction service provider. NSIL INFOTECH
provides www.esteelauction.com Web Site on "as is" and "as available" basis and
without warranty or condition, express or implied. We are not responsible for
the merchantability or fitness of any item, materials, products or services
offered on this site. The buyer assume all risk associated with the use of this
system. www.esteelauction.com website is not responsible for any damages,
including damages that result from, but are not limited to negligence.
www.esteelauction.com website will not be held responsible for consequential
damages, including but not limited to: system problems, inability to use the
system, loss of electronic information which affect the auction, acts of god,
nor any other act beyond our reasonable control. Users of www.esteelauction.com
website agree to indemnify and hold harmless, www.esteelauction.com website,
it's owners and agents for any incident of loss or damage as a result from
using this system. NSIL INFOTECH.com, its buyer, donot warrant that use of this
site will be uninterrupted, secure or error-free, that messages or requests
will be delivered, that defects will be corrected, or that this site or the
server that makes it available are free of viruses or other harmful components.
Termination
Either NSIL INFOTECH or Member may terminate the Membership at any
time by serving a notice in writing or through e-mail on the other party.
Upon termination of the Membership, Member shall immediately,
(a) Pay and settle all outstanding debts and dues in full to NSIL
INFOTECH including without limitation the Transaction Fees, within 30 days from
the date of termination,
(b) Honour and complete all outstanding transactions and effect the sale and/or
purchase of products and/or services made on or through the NSIL INFOTECH
website before the termination of the Membership,
(c) Return to NSIL INFOTECH all items as NSIL INFOTECH has provided to the
Member during the period of Membership.
www.esteelauction.com website and/or its buyers reserve the right to restrict
access to this site to any user, and may at any time at its sole discretion,
with or without notice and with or without cause, immediately deny access to
this site by any person or entity, including those who previously had access.
Systems Integrity
Member agrees to comply with all applicable local, state, federal, and
international laws, statutes, rules and regulations relating to Member's use of
www.esteelauction.com Web Site Without limiting the foregoing, Members are
responsible for observing all applicable tariffs and trade laws.
Member agrees not to tamper in any way with the software or functionality of
www.esteelauction.com Web Site. Member further agrees not to invade by any
means or in any manner other Member's privacy.
Indemnification
Without limiting the generality or effect of other provisions of these Terms
and Conditions of Use, as a condition of membership, each Member agrees to
indemnify, hold harmless, and defend NSIL INFOTECH and each of its affiliates
including their respective officers, directors, sub-contractors, agents,
employees, successors and assigns against any and all claims, losses,
liabilities and damages including without limitation to attorney fees, incurred
or allegedly incurred by NSIL INFOTECH arising out of, based upon or resulting
from such Member's breach of these Terms and Conditions of Use.
Modification of these Terms and Conditions of Use
Not withstanding anything contained any where on this Site, NSIL
INFOTECH in its sole discretion reserves the right, at any time, to add or
delete or modify some or all of these Terms and Conditions of Use, including
but not limited to Membership fees/charges. The amended Terms and Conditions of
Use will be posted on www.esteelauction.com Web Site and the effective date of
any such amendment will be the date on which the amended Terms and Conditions
of Use is so posted. In addition, www.esteelauction.com will e-mail all Members
a notice of the amended Terms and Conditions of Use and the amended Terms and
Conditions of Use shall then constitute a Member's Membership Agreement
Governing Law
These Terms and Conditions of Use and the terms and conditions
contained in other Sites and the relationship between Members and NSIL INFOTECH
shall be governed by and construed in accordance with the laws of India without
regard to the conflict of laws. Member and NSIL INFOTECH agree that any dispute
or claim arising out of or relating to these Terms and Conditions of Use and
the relationship between Members and NSIL INFOTECH shall be submitted to the
exclusive jurisdiction of the courts located at Indore, India.
Privacy
www.esteelauction.com. intends to give you as much control as possible
over your personal information. You may visit this site without telling us who
you are or revealing any information about yourself. Some times, however, we
may need information from you, such as your name and address. If you choose to
give us personal information via the Internet so that we may correspond with
you, or provide services to you, it is our intent to let you know how we will
use such information. If you tell us that you do not wish to have this
information used as a basis for further contact with you, we will respect your
wishes. We do not sell mailing lists to anyone. Your address and other
information will be provided to other parties purely for the purpose of
business transactions. We sometimes keep track of the domains from which people
visit us. We analyze this data for trends and statistics, and then we discard
it.
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