AUCTION WEBSITE USER AGREEMENT
Terms & Conditions
This web site referred to as ‘Ownaroof.com’ (hereinafter referred to as “site”) contains comprehensive information about Auctions. This site is owned and operated by Niki Infomatics Pvt Ltd having CIN U72900RJ2016PTC049199 (hereinafter referred to as “Owner”). This site is provided for your personal information, education and communication.
We invite you to visit the site at your convenience. However, being allowed to access the site, you bind yourself into this USER AGREEMENT that contains terms and conditions as set out hereinafter.
Please note that by accessing and browsing the site, you acknowledge that you have read the terms and conditions on this site, as well as all other policies described in the site and that you accept and agree to be bound by the same, without limitation or qualification. If you do not accept the terms and conditions narrated in this user agreement, do not use this website.
CHANGES TO TERMS AND CONDITIONS
These terms can be changed from time to time and without further notice. Your continued use of this site after any such changes constitutes your acceptance to the new terms. If you do not agree to abide by these changes or any further terms, please do not use the site or download material from it.
All amended terms shall automatically become effective immediately after they are posted on the site and any subsequent use of the site shall by governed by such amended terms. You are advised to regularly check these terms and conditions for any amendments or updates.
Owner may terminate, change, suspend or discontinue any aspect of the site, including the availability of the features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this site. Owner may impose limits on certain features and services or restrict your access to any or all of the parts of this site without notice or liability. Owner may terminate your use of the site at any time at its sole discretion.
These terms apply exclusively to your access to use of the site and do not alter the terms or conditions of any other agreement you may have with owner.
The site shall have no liability to you for any interruption or delay in access to the site irrespective of the causes.
This site is controlled, operated and administered by owner from its office in India. Owner makes no representation that materials at this site are appropriate or available for use at location outside India, and your access to this site from territories where its contents may be illegal is prohibited.
The Indian laws will govern this Agreement. Judicial Courts at Jaipur will be the jurisdiction over any dispute arising out of this agreement.
Except for third party sites, this site is controlled and operated by Niki Infomatics Pvt Ltd having CIN U72900RJ2016PTC049199 from its office located at 707, Mahima’s Crystal Palm, Plot No. 2, Sardar Patel Marg, Near 22 Godam Circle, C-Scheme Jaipur Rajasthan 302005 in the state of Rajasthan, India. Although this site may be accessed from any state, as well as from other countries, by accessing this site both you and ‘Ownaroof.com’ agree that the statutes and laws of India, without giving effect to any principles of conflicts of laws, shall apply to all matters relating to use of this site. Furthermore, you and owner agree and hereby submit to the exclusive personal jurisdiction of various courts of Jaipur.
SEVERABILITY AND LIMITATION OF ACTION
These terms constitutes the entire agreement between you and owner governing your use of the site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed to be severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms of your use of the site must be filed within one month after it arose or be permanently barred.
LIMITATION OF LIABILITY
- Ownaroof.com functions exclusively as an information intermediary between buyers and sellers of Properties. Although every effort have been made by Ownaroof.com to provide complete and genuine information about the properties listed on website, however, as an intermediary, Ownaroof.com makes no warranty, express or implied, for any of the listed property’s commercial viability and /or genuineness for a particular purpose.
- All specifications and descriptions quoted herein are representation of those supplied by the vendors and Ownaroof.com accepts no responsibility for any errors or omissions. All of the properties offered herein are subject to prior sale or withdrawal by the owners.
- All buyers who are exposed to each other through this site must exercise normal commercial and legal caution in mutual dealing as applicable in their state of business. Ownaroof.com accepts no responsibility for any wrong doing by any side.
- Each registration is separate for every member and auction. Therefore, we do not permit any of the following:-
- Sharing your User Name and Password.
- Any part of the site being cached in proxy servers and accessed by individuals who have not registered with Ownaroof.com as user of the site.
- In no event shall OWNAROOF be liable for any damages, whatsoever, and OWNAROOF shall not be liable for indirect, consequential, or incidental damages, or damages for lost profits, loss of revenues, or loss of use, arising out of or related to this auction/ web presence or the information contained in it, whether such damages arise in negligence or otherwise.
- Any changes will be posted to our site http://www.ownaroof.com and it is your responsibility as a user to refer to the terms on accessing this service. Any changes made by us after the first posting will have to be accessed if you continue to access the site after that time.
- OWNAROOF shall have no liability to you for any interruption or delay in access to the site irrespective of the cause.
- ownaroof.com does not represent or warrant the description, accuracy, quality, quantity, correctness, soundness, of the properties posted by sellers for auction in auction.
- ownaroof.com is not responsible for bids not being processed or not being accepted due to technical difficulties.
DECISION MAKING OF BIDS
OWNAROOF is the singular and the only judge regarding determination of winning bidder. OWNAROOF is the sole decision maker in the event of a dispute and accepts no liability for any or all errors or omissions.
DISCLAIMER REGARDING INFORMATION OF PROPERTIES LISTED ON WEBSITE FOR AUCTION
OWNAROOFâ€™s site acts as the venue for seller to conduct auction and for bidders to bid on seller’s properties. Normally, seller assures the sale and the buyer is bound to buy the property against successful bid. If buyer fails his EMD is forfeited. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the title, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of sellers to sell property or the ability of buyers to buy property.
POSTPONEMENT OR CANCELLATION OF AUCTION AND INCIDENTAL MATTERS
- OWNAROOF reserves the right to postpone or cancel an auction, or cease providing auction facility, without notice, should it, in its sole discretion, determine that such action is warranted.
- OWNAROOF will not have any liability or obligation to the intended bidders as a result of any postponement, cancellation, or withdrawal of any auction by OWNAROOF.
- OWNAROOF is not responsible for failure to execute a bid, for errors relating to the execution of a bid, or for technical problem, which may hinder the efficiency of a bid. OWNAROOF is not responsible for e-mail transmission times or delays. On all issues relevant to technical parameters, the technical determinations of OWNAROOF’s servers will prevail over all others.
- All bids are non-cancellable once submitted.
- REGARDING BIDS AND AUCTION PROCESS
- Each auction is conducted independently, and the sale formats, terms & conditions of the sale and minimum bids may change from auction to auction.
- ownaroof.com are the sole arbiter as to the successful bidders and purchasers, and reserves the right to remove from bid properties which are disputed, withdrawn by the vendor, or fail to draw bids above the posted minimum bid.
- ownaroof.com reserves the right to reject or void bids, whether successful or not, that ownaroof.com believe, in their sole discretion, not to be made in good faith, or which are restricted, or prohibited by any law for the time being in force.
- It is a violation of law to make bids in a false name, even if ownaroof.com initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Please do not “test” our auction with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. It is a violation of law to attempt to defraud others by means of the Internet.
TERMS AND CONDITIONS REGARDING USAGE AND USERNAME:
Our Services are available only to business firms or authorized representatives or individuals who can legally enter into binding contracts under applicable laws. Minors are prohibited from utilizing our Services.
Each participant is required to register prior to utilizing the Service. After registering, you will be allotted a unique username. To become Registered Participants, you will have to pay Caution Money Deposit (CMD) for each individual auction of such amount as may be prescribed for each particular auction on the website.
Interference with the Services
You agree not to use any device, software or routine to interfere or attempt to interfere with any of the Services, the ‘ownaroof.com ‘ website or domain or any auction being conducted on such site. You agree not to impose any large load on ‘ownaroof.com ‘ system. You agree not to put any material into the ‘Ownaroof.com ‘ website or domain which contains any viruses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information, and agree to indemnify and hold harmless ‘Ownaroof.com ‘ from any damages, claims, or causes of action related to or arising out of the exposure of the ‘Ownaroof.com ‘ website or domain to such programming routines, whether advertent or inadvertent.
Responsibilities regarding Login Details
You are solely responsible for all actions conducted with your Login Details, and agree not to use your Username for any unauthorized purpose. You agree not to disclose your Login Details to any third party, and to take all necessary precautions to prevent unauthorized use of such Username by any third party. You hereby agree to waive any rights, claims, or causes of action against ‘Ownaroof.com ‘ arising out of or related to the use, whether authorized or unauthorized, of your Username.
You agree that ‘Ownaroof.com ‘, in its sole discretion, may terminate any aspect of your use of any of the Services immediately and without notice if ‘Ownaroof.com ‘ believes: (a) that you have breached any provision of this User Agreement, or (b) that you have violated the rights of other users of the Services. You agree to waive any rights, claims or causes of action against the Owner.
Disclaimer and warranties
- Each user understands and agrees that any material and / or data downloaded from the services or website is done at user’s own risk and that user will be solely responsible for any damages resulting from any downloading or other transaction.
- No advice or information, whether oral or written, obtained by you from ‘Ownaroof.com ‘ or through or from the services shall create any warranty not expressly stated herein.
- Ownaroof.com disclaim all confirmations or assurances, whether expressed or implied, including, but not limited to, the implied assurances of title.
Waiver and limitations of liability: You agree that none of ‘Ownaroof.com ‘, its employees or agents, shall in any event be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of, resulting from, or related to:Â
- Any use or any inability to use the services;
- Cost of procurement of substitute properties and services resulting from any data;
- information or services purchased or obtained or message received or transactions entered into through or from the services;
- Unauthorized access to or alteration of your transmission or data;
- Participant – to – participant disputes; or
- Other matter relating to services.
This waiver shall include, but not be limited to, damages for loss of profit, data, or other intangible assets, even if ‘Ownaroof.com ‘ has been advised of the possibility of such damages.
You agree that none of ‘Ownaroof.com ‘, its employees or agents, shall in any event be liable to you or any one, for the statements or conduct of any third party on the services, including specifically any feedback placed on the ‘Ownaroof.com ‘ website.
General compliance with laws
You should comply with all applicable laws, statutes, ordinance and regulations concerning your participation in, or use of, the services in any capacity, including but not limited to bidding, listing or purchasing properties.
You are responsible for paying all applicable taxes (including, but not limited to, sales tax, urban development tax, other applicable state taxes regarding property, regardless of whether these taxes are included in any payment to ‘Ownaroof.com ‘). All other customers are responsible for directly submitting any tax required by the laws of their state of residence to the appropriate taxing authority. You agree to hold the ownaroof.com harmless for any taxes and liabilities that arise to your account whether in India or outside India.
Foreign participants are responsible for all customs declarations, taxes, duties, or other assessment that may be applicable to a sale or purchase by them. You agree to indemnify and hold harmless the owner from any/all losses, damages, liability, obligations, assessments, suits, actions, proceedings, claims or demands, including costs, expenses, and fees (including reasonable attorney’s fees and expert witness fees incurred in connection therewith) arising out of any foreign transaction.
By registering with Ownaroof.com , you grant to ‘Ownaroof.com ‘ a non-exclusive, world wide, royalty-free, irrevocable, sub-licensed (through multiple tiers) right and license to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material displayed in your listings or bids.
Intellectual Property Rights
The trademarks or logos being shown on ownaroof.com are shown as submitted by the various sellers. Ownaroof.com shall not be responsible for infringement of any intellectual property rights belonging to persons other than the sellers who posted them, either directly or through their authorised representatives, on ownaroof.com.
No resale or unauthorized commercial use
This agreement, including all your rights and obligations hereunder, shall not be assignable by you without the prior written consent of ‘Ownaroof.com ‘. you also agree not to make any unauthorized commercial use of our services.
You agree that neither this agreement nor your use of the services creates any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between ‘Ownaroof.com ‘ and any user of the services.
Any notice to you shall be made in writing by either: (a) e-mail to the address provided by you to ‘Ownaroof.com ‘ during the registration process, and such notice shall be deemed to have been duly given day it was sent, or the next business day if not sent on a business day; or (b) ‘Ownaroof.com ‘ by you during the registration process.
User conduct – General
In using this site, you agree:
- Not to disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliated or linked web site.
- Not to disrupt or interface with any other user’s enjoyment of the site or affiliated or linked website.
- Not to upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files.
- Not to use or attempt to use other’s account, services or system without authorization from the owner, or create or use false identity on this site.
- Not to attempt to obtain unauthorized access to site or the portion of the site which are restricted from general access.
- In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national, and international laws and regulations, including Indian laws that are related to your use of or activities on this site.
User conduct -online communication and other interactive areas
The site may contain the area where you may post and share comments with other site user on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the site unlawful, harassing, libelous, abusive, offensive, threatening, or obscene communication or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations; or, that are otherwise objectionable, including without limitations, content that evidence bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against any one. Owner reserves the right but not the obligation to remove any material it deems objectionable. You agree to hold harmless owner and its affiliates and parties with whom owner has contracted for purpose of hosting or maintaining this site from all claims based upon communications made or materials posted by other user or by third parties on this site.
Online communication on and through the site