Terms and Conditions of this site
You have arrived at our terms and conditions for use of this Site by you. These terms and conditions, together with the, Billing Statement, Rating Systems Rules, Listing Policy, Verified User Agreement, Privacy Statement, Affiliate Terms and Conditions, SMS Terms & Conditions, Mobile Device Terms & Conditions, Stores Terms & Conditions Community Forum Policies , Buyer Policies , Member to Member Communication Policies ,Seller Policies , Promotions Policies , Your Use of Our Services
and Buyer Protection Programme Terms & Conditions (the "Annexures") form this Agreement.
This Agreement is a binding agreement between you and EMITRO. It also sets out some of the terms and conditions governing you selling and purchasing goods and services on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions or any of the Annexures then you should not accept them.
We will provide you with the Services only once you have accepted the terms and conditions of this Agreement by clicking on the "I ACCEPT" button when registering with us.
By entering any and all personal information on this Site in the creation of an account, in registering with EMITRO, in making a sale or purchase, participating in an auction and/or by accepting this Agreement, you consent to the processing of your personal information by EMITRO in terms of the Protection of Personal Information Act.
"Agreement" means these terms and conditions, , the Billing Statement, the Rating Systems Rules, the Listing Policy, the Verified User Agreement, the Privacy Statement, the Affiliate Terms and Conditions, the SMS Terms & Conditions, the Mobile Device Terms & Conditions, the Stores Terms & Conditions, the and the Buyer Protection Programme Terms & Conditions (the "Annexures");
"Emitro Guidelines" means the guidelines issued by Emitro from time to time governing the offering for sale and sale of, and the offering to purchase and purchase of, goods and services on this Site;
"PAYPAL" means the payment service offered by EMITRO whereby EMITRO acts as an agent collecting funds from Buyers on behalf of Sellers;
"PAYUMONEY" means the payment service offered by EMITRO whereby EMITRO acts as an agent collecting funds from Sellers on behalf of EMITRO;
"Buyer" means a person, firm or company who makes a bid for, and/or purchases, any goods or services offered for sale on this Site;
"Buy Now Item" means an item in which a Buy Now Price has been specified for the relevant goods or services offered for sale by the Seller, and to which the item procedures as in Clause 6(as applicable) apply, except that a bidder may at any time choose to purchase the relevant goods or services at the Buy Now Price;
"Buy Now Price" means the price specified by the Seller for goods or services offered by the Seller for sale at a Buy Now Item;
"Confirmation Notice" means the notification set out in Clause 10.1;
"Final order value"means the higher of the "Item sales value" together with any shipping charges, OR the "Total order payment
"Final order value fee"means a fee adjustment that is charged to a seller account, calculated on the difference between the "Final order value" and the "Item sales value", multiplied by the lowest category success fee percentage, which is currently 18% excluding GST
"Indemnified Party" means each of EMITRO, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of EMITRO, and each of their respective officers, employees, contractors, consultants and agents from time to time;
"Intellectual Property Rights" means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
"Item sales value"means the total value of all items included in an order together with any other additional options selected on such items during checkout, excluding shipping charges or duties.
"Listings" means the offering for sale, placing of or creating of any type of auction or buy now on this Site;
"Personal information" or "Your information" means “Personal information”, “your information” or “information” are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Site including, but not limited to:
- Your registration details including your name, address, telephone and fax numbers;
- Your PAYPAL email or any other information;
- Unique identifiers including your company name and GST number;
- The information that we learn about you as a result of your use of this Site, including without limitation, through the goods and services you post on this Site if you are a Seller and the goods and services you bid for and/or acquire if you are a Buyer;
- The information obtained from you in confirmation of your identity, address and contact information for security and verification reasons;
- That information defined as personal information in section 1 of the Protection of Personal Information Act.
"Seller" means a person, firm, company or entity who offers for sale, or sells goods or services on this Site
"Services" means the online auction, Buy Now and Classifieds services provided by EMITRO by which a person, firm or company may sell or buy goods or services on this Site;
"Site" or "Website" means the Internet website by which EMITRO offers the Services from time to time, currently www.emitro.com.
"Standard Auction" means an auction to which the auction procedures in Clause 6 (as applicable) apply;
"Trade" or "Trading" means any form of listing on the Site, including but not limited to, Standard Auctions, Buy Now Items, Reverse Auctions and Credit Card Guaranteed Auctions;
"Total order payment"means the cumulative total of all payments made and allocated to an order excluding any payments that have been reversed from such orders.
"GST" means any Goods and Sevice Tax, or other consumption tax;
"we", "us", "our", "ourselves" and "EMITRO" are used interchangeably in this Agreement and all mean EMITRO;
"you" or "your" means you, whether as a Buyer and/or you as a Seller, as the case requires, or otherwise, and your successors and permitted assigns;
PART 2: AUCTION TERMS AND CONDITIONS
1 Trading on this Site
1.1 As we are not involved in any sale and purchase of any goods and services on this Site, save for providing a venue for an auction of goods and services, and as described in Clauses 10.1 and 10.3, you hereby agree and acknowledge that we:
1.1.1 are not, nor do we represent or hold ourselves out as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods offered for sale and/or sold on this Site;
1.1.2 have absolutely no control over, nor do we represent or hold out that we have any control over any one or more of the circumstances described in Clause 4.6
1.1.3 have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this Site are legally able to be sold.
1.1.4 cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this Site will be accurate;
1.1.5 have absolutely no control over, nor do we represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods or services auctioned on this Site;
1.1.6 cannot and do not control, nor do we represent or hold out that a Buyer will pay for the goods and services that he/she has successfully bid for in an auction on this Site;
1.1.7 cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller
1.1.8 cannot and do not represent nor hold out that we can confirm that each Buyer and Seller is who they claim to be;
1.1.9 cannot and do not represent or hold out that we can exercise any practical control over what feedback, comments or rating scores will be provided about you pursuant to the Rating Systems Rules
1.1.10 cannot and do not, nor do we represent or hold out that we can or could, despite any credit checks we may have undertaken pursuant to Clause 10.3, confirm any matters relating to any credit card details supplied to us by a Buyer or Seller (as the case may be) under this Agreement, including without limitation, that the:
220.127.116.11 PAYPAL details of any Buyer or Seller (as the case may be) are correct;
18.104.22.168 credit limit has not been exceeded;
22.214.171.124 card has not been reported stolen;
126.96.36.199 Buyer or Seller is entitled to authorised use of the paypal; or
188.8.131.52 credit card is otherwise being lawfully used;
1.1.11 will not become involved in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement, we do however reserve the right at our sole discretion to mediate between two parties should the conduct of either party impact on the reputation and or image of our business.
1.1.12 We do not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the goods on the site for auction, the acceptance of such offer nor the acceptance of the bid by the seller.
1.2 Should you as the Seller or Buyer obtain any personal information pertaining to a Buyer or Seller, as the case may be, for any or all purposes listed in clause 13.4.1 of this Agreement, you hereby represent and warrant to us, the Seller or Buyer, as the case may be:
1.2.1 that you will respect the privacy of the Buyer or Seller and fulfill any other obligations in terms of clause 13.4.2 of this Agreement; and
1.2.2 that you will comply with the provisions of the Protection of Personal Information Act, insofar as it applies, in processing any and all personal information pertaining to such persons whether obtained from EMITRO, the Seller or Buyer themselves.
1.3 In trading on this site, you agree and acknowledge that we cannot and do not, nor do we represent or hold out that we can or could control:
1.3.1 how the Seller or Buyer processes your personal information;
1.3.2 whether the Seller or Buyer processes your personal information in accordance with the Protection of Personal Information Act insofar as the Act applies; and/or
1.3.3 where or to whom your personal information is transferred by the Seller or Buyer during or after the sale or purchase of any goods on this Site by yourself.
1.4 In trading on this site and agreeing to and acknowledging the contents of clause 1.3 above, you further agree to and acknowledge that during or upon completion of the sale and purchase of goods and services and/or an auction, EMITRO is no longer responsible for or liable in respect of:
1.4.1 any personal information that may be exchanged between the Buyer and the Seller for any or all of the purposes stipulated in clause 13.4.1 of this Agreement;
1.4.2 any personal information that may be provided to the Seller with the Buyer’s authorisation in terms of this Agreement or vice versa;
1.4.3 the manner in which such personal information is processed subsequent to such an exchange between the Buyer and Seller;
1.4.4 a failure on the part of the Seller or Buyer as the case may be, to process such personal information in accordance with the Protection of Personal Information Act insofar as the Act applies; and/or
1.4.5 the transfer of any information by the Seller or Buyer to a third party.
2 Provision of Services
2.1 We will provide you with the Services.
2.2 We will provide you with a username and password in order to login as required.
2.3 We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
2.4 You agree to provide all necessary equipment, network connections and software to access this Site.
2.5 You agree that EMITRO may restrict and/or terminate its services to you at any point in time if EMITRO, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
3.1 Registering, bidding on, buying and creating items on this Site do not attract a fee.
3.2 Selling on emitro will incur Success Fee charges to your EMITRO Account. It is a condition of using the Services that you agree to this and the fee structure, billing and credit rules as described in the Billing Statement. If you do not agree to this condition, then please do not accept these terms and conditions.
3.3 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
3.4 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Site.
3.5 We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
3.6 Unless otherwise stated, all fees are quoted in INDIAN RUPEES and are exclusive of GST.
3.7 Users are given the right to sell items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of EMITRO; we reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
3.8 EMITRO reserves the right to charge a INR500 administration fee to re-activate restricted, disabled or blacklisted accounts.
4.3 In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 4.2, we may prevent you from participating in any auction on this Site, or using the Services.
4.4.1 your information:
184.108.40.206 is accurate and not false, misleading, deceptive or fraudulent;
220.127.116.11 does not breach any Intellectual Property Rights of a third party;
18.104.22.168 is made in compliance with all applicable laws, government regulations or guidelines;
22.214.171.124 is not forged, threatening or offensive or otherwise constitutes harassment;
126.96.36.199 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
188.8.131.52 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
184.108.40.206 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
220.127.116.11 does not contain child pornography, bestiality or any other obscene or offensive material;
4.4.2 you are the legal owner of the goods and services you are offering for sale on this Site and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;
4.4.3 you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Site;
4.4.4 if a Buyer who is a dealer in terms of the Second Hand Goods Act makes a request for the information necessary to complete his register, you agree that the said information will not be unnecessarily withheld;
4.4.5 you will adhere to the Listing Policy.
4.5 You represent and warrant to us and to the Buyer separately that your information will be kept up to date and that you will edit your account/profile and any other information accordingly. These changes may be effected as described in clause 16.15.
4.6.1 the goods and services you offer for sale and sell, on this Site:
18.104.22.168 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and
22.214.171.124 correspond with the description that you have posted on this Site; and
126.96.36.199 if sold in bulk, will correspond with any samples; and
188.8.131.52 are not defective; and
184.108.40.206 are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;
4.6.2 the services you offer for sale, and sell, on this Site:
220.127.116.11 will be rendered with due care and skill; and
18.104.22.168 any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and
22.214.171.124 if the Buyer has made it known to you the particular purpose for which the services are required or the result the Buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;
4.6.3 the goods and/or services you offer for sale, and sell on this Site:
126.96.36.199 will be offered for sale, and sold, in compliance with the laws of the Republic of INDIA and especially that of the Consumer Protection Act that became effective 1 April 1986;
188.8.131.52 are legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.
4.7 The Seller may set a reserve price, or minimum price for the goods and services, but that reserve price or minimum price, as the case may be, must not be set out in the information provided about the goods or services to which that reserve price or minimum price, whichever is applicable, applies, or otherwise disclosed to any person at any time.
4.8 In the information provided about the goods or services the Seller offers for sale, or sells on this Site, the Seller must set out the terms and conditions for sale of those goods or services, including the following:
4.8.1 whether the auction is a Standard Auction, Credit Card Guaranteed Auction, or Buy Now Item, or a combination of any of the preceding auctions;
4.8.2 as applicable, the minimum bid increments;
4.8.3 in the case of a Buy Now Item, a Buy Now Price,
4.8.4 date and time of opening, and closing, of the auction;
4.8.5 payment terms;
4.8.6 terms of delivery;
4.8.7 returns policy;
4.8.8 taxes, duties and costs (including, without limitation, GST, or other consumption taxes, customs and other import duties and tariffs) payable by the Buyer; and
4.8.9 unless stated to the contrary, any value will be construed to refer to South INDIAN RUPEES;
4.8.10 that both buy now and auction selling prices will be considered to include GST;
and the Seller agrees that such terms and conditions will include any matters prescribed by us under this Agreement including the matters set out in Clauses 10.2.2, 10.2.4, and 10.4, as well as any matter specified in the EMITRO Guidelines.
4.9 If you are a paypal approved Seller the payment-processing fee on all payments conducted through paypal in the success fee and final order value fee charged to the transaction. Any fees due will be deducted directly from the amount collected from the Buyer on behalf of the Seller. Currently there are no fees charged for payments made through paypal.
4.10 If you are a paypal approved Seller and you receive payments through the paypal Service, you are not protected against a subsequent reversal of the transaction. In the event that the sender's transaction is reversed for any reason you will owe emitro for the amount of the reversed transaction plus any fees imposed on emitro as a result of the reversal.
5.1 You agree and warrant to each Seller and separately to us that:
5.1.1 your information:
184.108.40.206 is accurate and not false, misleading, deceptive or fraudulent;
220.127.116.11 does not breach any Intellectual Property Rights of a third party;
18.104.22.168 is made in compliance with all applicable laws, government regulations or guidelines;
22.214.171.124 is not forged, threatening or offensive or otherwise constitutes harassment;
126.96.36.199 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
188.8.131.52 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
184.108.40.206 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
220.127.116.11 your information will be kept up to date and that you will edit your account/profile and any other information accordingly. These changes may be effected as described in clause 16.15.
5.1.2 you have the legal capacity to purchase any goods or services that you bid for, and, will not otherwise be breaching any law in purchasing those goods or services;
5.1.3 you will not bid for any goods or services on this Site unless you are able, and have sufficient, available capacity to pay for those goods or services;
5.1.4 the purchase of any goods and/or services on this Site is absolutely at your own risk;
5.1.5 to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller's dealings in connection with the goods and services that you may purchase from the Seller on this Site; and
5.1.6 you have obtained the necessary information required to comply with the Second Hand Goods Act from the Seller; (if applicable);
5.1.7 if you are bidding for adult goods and services, that you have the legal right to purchase those goods and services.
6.1 The rules for conducting auctions on this Site are as follows:
6.1.1 you must not engage in bid manipulation to unfairly induce any other person to make bids and/or manipulate the bid price;
6.1.2 no bids below the stated minimum price (if there is one) will be accepted;
6.1.3 if the highest bid does not reach the reserve price (if there is one), then no bid will be regarded as having been successful;
6.1.4 a Buyer must, if so requested, provide credit card details to us immediately before your first bid, if the Buyer has not already done so pursuant to Clause 8;
18.104.22.168 in the case where the seller closes the auction early if satisfied with the current winning bid;
22.214.171.124 in the case of a Buy Now Item, the first bidder who placed a bid at the Buy Now Price;
126.96.36.199 the Buyer who placed the highest bid;
188.8.131.52 the Buyer who placed the bid for the greatest quantity of goods or services at the highest price;
184.108.40.206 the first Buyer who placed the bid for the greatest quantity of goods or services at the highest price;
6.1.6 if the Buyer is a successful bidder as determined by Clause 6.1.5, and that bid is accepted, or deemed to be accepted, by the Seller, the Buyer must complete the purchase of the goods or services, save in exceptional circumstances such as the following:
220.127.116.11 the description of the goods or services is materially altered following the commencement of bidding; or
18.104.22.168 the Buyer is unable to authenticate the identity of the Seller; or
22.214.171.124 the Seller fails to deliver the goods or services (or fails to procure delivery thereof, as required) to the Buyer, by the date agreed by the Seller and Buyer in Clause 10.2.5; and
6.1.7 Bid deletion by a seller is not permitted without a valid reason or without the permission of emitro, unless the bidder requests this in accordance with the Consumer Protection Act, then bids must be removed before the close of the auction.
6.1.8 if a Seller receives a bid equal to or above the stated minimum price, or if it is a reserve auction, the reserve price, they must accept that bid or highest bid (if there is more than one bid) and complete the sale of the goods or services to that Buyer save in exceptional circumstances such as the following:
126.96.36.199 the Buyer fails to complete the purchase of the goods or services (for example, the Buyer fails to pay for the goods or services); or
188.8.131.52 the Seller is unable to authenticate the identity of the Buyer or the creditworthiness of the Buyer and the Buyer's ability to pay for the goods or services.
7 Ratings, Comments and Feedback
7.1. It is a condition of using the Services that you agree that feedback, comments and ratings scores may be provided about you as described in the Rating System Rules. If you do not agree to this condition, then please do not accept these terms and conditions.
7.2. Ratings that are given to each other by users should be done as is set out in the Rating System Rules section of this Agreement.
7.3. If you believe a statement made about you pursuant to Clause 7.1 is untrue, misleading or deceptive or defamatory (" Questionable Statement "), please contact our customer service department and we will conduct an investigation. As a result of an investigation, we may (although we are not obliged to) remove the Questionable Statement. Whether or not we conduct an investigation, and irrespective of whether we remove the Questionable Statement, and even if we do not conduct an investigation, because you do not contact us or for any other reason, you hereby release us and forego any rights you may have had against us in relation to the Questionable Statement or any statement made about you pursuant to the Rating System Rules and agree that you will not make any claims or demands, or take any action, issue or maintain any proceedings or suits against us in relation to the Questionable Statement or any statement made about you pursuant to the Rating Systems Rules or otherwise, in connection with this Site, or your use of this Site.
7.4 The decision to hold an inquiry or not is entirely within our discretion and we will not be obliged in any way to entertain any representations in this regard.
8.1 In addition to Clause 6.1.4, we may request you to provide your valid and current paypal email to us at any time, whether before or after the bidding commences in respect of any goods or services, or at any time whatsoever.
8.2 In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 6.1.4 or8.1, we may prevent you from participating in any auction in respect of any goods or services, or using the Services unless and until you provide those credit card details to us.
8.3 By initiating and sending payment through paypal you acknowledge that emitro may obtain the funds by any one or combination of the following means; by debiting the funds from your emitro account, obtaining the funds per your instructions by debiting a paypal that you designate or charging your paypal email. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and emitro holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
8.4 In providing us with the information specified in clause 6.1.4, clause 8.1 or clause 8.3 above, you consent to the processing and/or further processing of such personal information by emitro in accordance with the Protection of Personal Information Act.
8.5 In making use of the paypal service you also acknowledge that (i) emitro is not a bank and the Service is a payment processing service rather than a banking service, and (ii) emitro is not acting as a trustee, fiduciary or escrow with respect to your funds.
9.1 We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered for sale by you, or a bid placed by you, if:
9.1.1 that information and/or those goods or services, as applicable;
184.108.40.206 infringe or is suspected of infringing the Intellectual Property Rights of any person (other than the Seller in question); or
220.127.116.11 may create any liability for us whatsoever;
9.1.2 in relation to the goods and services set out in Clause 4.6, if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those goods and/or services;
9.1.4 in relation to a bid, we reasonably believe that bid is not a legitimate, or commercially realistic bid for the goods and/or services;
9.1.5 it is otherwise in our commercial interests to do so;
9.1.6 we are required by law to do so;
9.1.7 you breach any provision of this Agreement; or
9.1.8 for any other reason whatsoever,
and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this Clause 9, are hereby waived.
10 Completion of Sale and Purchase of Goods or Services
10.2 Following receipt of the Confirmation Notice the Seller and the successful Buyer will be solely responsible for the following matters, including, but not limited to:
10.2.1 implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;
10.2.2 ensuring they comply with the laws applicable in the jurisdiction in which the Buyer and Seller are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase as well as the formalities required in terms of the Second Hand Goods Act) and, if the Buyer and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Buyer and Seller will be Gauteng, the Republic of india;
10.2.3 arranging for payment of the goods or services;
10.2.6 payment of all applicable taxes, duties and costs (including, without limitation, gst or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the goods and services.
10.3 Each Buyer agrees that we, or our nominated agent, may undertake any necessary credit checks on that Buyer's email and authorise us to provide those email details to the Seller in the relevant Confirmation Notice where such information was required and specified by the Seller under Clause 4.8.
10.4 We have no involvement in the sale and purchase of any goods and services other than providing a venue for an auction and as described in Clauses 10.1 and 10.3 so we will never accept returns of any goods and services purchased on this Site as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.
10.5 Property Auctions - The successful conclusion of a Property auction is subject to the signed acceptance (signed contract) of the offer (final winning bid amount) by the seller or their duly authorised representative.
PART 3: GENERAL TERMS AND CONDITIONS
11.2 By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 11. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance with Clause 11.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
12.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
12.2 You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
12.2.1 doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
12.2.2 the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or
12.2.3 we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
12.3 If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
12.4.1 infringe or are suspected of infringing the Intellectual Property Rights of any other person;
12.4.2 are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
12.4.3 have an over due payment on your emitro Account; or
12.4.4 otherwise breach this Agreement, we may, in our absolute discretion:
18.104.22.168 withhold from you, your use of any or all of the Services;
22.214.171.124 delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
126.96.36.199 restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
188.8.131.52 terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
13.1 In using this Site, you must not:
13.1.1 illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
13.1.2 alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
13.1.3 impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
13.1.4 offer, sell, export, bid for, or import any Prohibited Goods and Services;
13.1.5 offer, sell, export, bid for, or import any goods and services if this breaches any law applicable to you; and
13.1.6 engage in any practice or conduct that is unlawful under any laws applicable to you;
13.1.7 copy, modify, or distribute rights or content from our sites, services or tools or emitro's copyrights and trademarks;
13.1.8 harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on emitro without the express permission of emitro;
13.2 Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.
13.3 The information and material contained on this Site has been prepared in accordance with the laws of the Republic of India for use in the Republic of india only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the Republic of india. If you choose to access this Site from outside the Republic of india, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
13.4 Using information about other emitro users -
13.4.1 You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, The Protection of Personal Information Act and other data protection laws) and only for:
• emitro-transaction-related purposes that are not unsolicited commercial communications;
• using services offered through emitro; and
• other purposes a user expressly agrees to.
13.4.2 You agree to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
13.5 You agree to the Affiliate Terms and Conditions-
13.5.1 You will not mislead others.
13.5.2 You will not engage in spamming, indiscriminate advertising, unsolicited commercial email, cyber squatting or typo squatting.
13.5.3 You will not operate or utilise a web site or email link to web sites that contain or promote any of the following types of content: libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal goods or services, or link to a web site(s) that do so.
13.5.4 A user may only have one emitro account. If a user you refer provides any fictitious information or opens more than one emitro account, you will not be compensated for this user and should you be suspected of abusing the programme your affiliate status will be revoked without payment of any outstanding funds. The affiliate may not create accounts or referrals for the purpose of earning more referral fees.
13.5.5 You will not place any referral links on any pages of the emitro web site.
13.5.6 You will not directly or indirectly offer any incentive to users that result in referral fees without written permission from emitro.
13.5.7 You are required to be registered as a user on emitro.
13.5.8 You are at least 18 years of age, have a valid indian identity number and a indian bank account.
13.5.9 Other than through the content provided by emitro you may not use any of the emitro's trademarks (or variations thereof) without written permission from emitro.
13.5.10 third party advertising programmes such as Google Adwords, Bing and Yahoo Search may not be used as part of the emitro Affiliate Programme. Failure to adhere to this will result in your Affiliate status being revoked without payment of any outstanding funds.
13.5.11 Unless the correct tracking link is used you will not be rewarded for your referrals. emitro will not take any responsibility whatsoever for incorrect or broken links used by affiliates resulting in referrals not being tracked.
13.5.12 Only referrals captured by the emitro Affiliate Programme will be rewarded. Any other disputed referrals, for any reason, will not be rewarded.
13.5.13 Compensation payable to affiliates will be calculated on the first day of the month for all transactions that took place in the previous month.
13.5.14 Payment will then be made within 30 days provided the total balance owed exceeds INR 1000.00 (one thousand only).
13.5.15 To receive payment affiliates may be required to provide an official invoice in accordance with the South African Revenue Services.
13.5.16 Affiliates will be compensated based on the reward scheme published on the emitro web site, which may be adjusted from time to time at the discretion of emitro.
13.5.17 emitro reserves the right to withhold payment of affiliate rewards or to remove a user's ability to participate in the Affiliate Program should the users, referred to emitroy through the Affiliate Program, be of a low quality. Low quality users may include, but are not limited to the following:
a) Users that have a large number of negative ratings;
b) Users who are in a net negative rating state;
c) blacklisted, restricted or suspended users;
d) Users who emitro in their sole discretion deem unsuitable or of low quality.
13.5.18 These Terms and Conditions may change without notice and will take effect immediately upon being posted on the emitro web site.
13.5.19 emitro may withdraw this Affiliate Programme provided a minimum of 30 days notice is given to participating affiliates.
13.5.20 Should you breach any of these Terms and Conditions, or for any other reason at the sole discretion of emitro, your Affiliate status may be revoked without payment of any outstanding funds.
13.6 Notwithstanding, and in addition to any other provision of this Agreement, you agree to comply with any laws applicable to you when using this Site and the sale or purchases of goods or services that you undertake as a result of using this Site.
13.7 You agree not to harass, intimidate or threaten any of the emitro staff or any users of the emitro website in any way or form and failure to do so may, in emitro's sole discretion, result in the cancellation or restriction of your emitro account.
14 Entering into this Agreement
14.1 You represent and warrant to us:
14.1.1 if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
14.1.2 if you are a juristic entity:
184.108.40.206 that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and
220.127.116.11 entering into this Agreement does not violate your Constitution; and
18.104.22.168 you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
14.2 Transactions in case of a minor
14.2.1 If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of emitro, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
14.2.2 If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and emitro.com.
14.2.3 We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should emitro, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.
14.2.4 To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
15 Licence of, and Use of, your Information
15.2 Subject to Clause 15.1, we agree to use your information only in accordance with the Privacy Statement below. If you do not agree with the terms of the Privacy Statement, please do not accept these terms and conditions.
15.3 We further agree and/or undertake to process your personal information in accordance with the provisions of the Protection of Personal Information Act.
16 Privacy Statement
This privacy statement discloses the privacy practices for the emitro.com site.
We have agreed to notify you of the following when collecting your personal information:
1. The information being collected and the source from which it is collected when collected from another person;
2. Our name and address;
3. The purpose for which the information is being collected;
4. Whether or not the supply of information by yourself is mandatory or voluntary;