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Autocon

TERMS & CONDITIONS FOR E-COMMERCE

USER AGREEMENT

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

This document is published in accordance with the the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.autocon.biz website.

User Agreement

Your use of autocon.biz website {including www.autocon.biz and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles for other autocon.biz websites of our subsidiaries and international affiliates. If you transact on any autocon.biz website other than the Website, you shall be subject to the policies that are applicable to the autocon.biz sites for such transaction.

For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter)while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version /electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id..

As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance.If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and autocon.biz Rules and Policies, please do not click on the "check box " and on the ”continue” button or “Pay Now” button and do not seek to obtain access to or otherwise use the Website.

Amendments: autocon.biz may amend this User Agreement and/or autocon.biz Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to you via autocon.biz Website. The revised version will be effective at the time autocon.biz posts it on the Website. By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by autocon.biz Rules and Policies as provided from time to time in the following hyperlinks:

1. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharging solvents etc. are not eligible to use the Website. If you are a minor i.e.under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale maybe made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. autocon.biz reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to autocon.biz’s notice or if it is discovered that you are under the age of 18 years.

Business entity registration:If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

Guest User:If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.

2. Your Account and Registration Obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to:

1. Provide true, accurate, current and complete information about yourself as prompted by autocon.biz’s registration form or provided by You as Guest User (such information being the"Registration Data")

2. You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and 3. 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 autocon.biz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, autocon.biz has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

3. ElectronicCommunications

When You use the Website or send emails or other data, information or communication to autocon.biz, You agree and understand that You are communicating with autocon.biz through electronic records and You consent to receive communications via electronic records from autocon.biz periodically and as and when required. autocon.biz will communicate with You by email or by Post notice or electronic records on the autocon.biz Website which will be deemed adequate service of notice / electronic record.

4. Fees and Services.

Membership on the Website is free. autocon.biz does not charge any fee for browsing, bidding and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy which is hereby incorporated by reference into this agreement. autocon.biz reserves the right to change its Fee and Credit policies from time to time. In particular,autocon.biz may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event autocon.biz 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 and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to autocon.biz within such time as specified in the invoice. If You select to receive invoice in a currency other than Indian Rupees, You will receive all invoices from autocon.biz in the currency as selected by you. Your payments to autocon.biz International AG should be in a currency other than Indian Rupees and should be from a bank account other than an Indian bank account or from a credit card other than those issued by Indian banks. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to autocon.biz. Your payment to autocon.biz with full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards autocon.biz regarding payments under these invoices.

4.1 Taxes:You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

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

5. Use of the Website

5.1. You understand and agree that autocon.biz and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. autocon.biz neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. autocon.biz has no control over the third party user generated contents.

5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

1. "Your Information" is defined as any information you provide to us or other users of the Website("Users") in the registration (as Registered User or as Guest User),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 only as apassive conduit for your online distribution and publication of Your Information.

You shall not host,display, upload, modify, publish, transmit, update or share any information or share/list(s)any information or item that:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing,blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,invasive of another's privacy, hateful, or racially, ethnically objectionable,disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women(Prohibition) Act, 1986;

(c)harm minors in any way;

(d)infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(e)violates any law for the time being in force;

(f)deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g)impersonate another person;

(h )contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;or contains any Trojan horses, worms, time bombs,cancel bots, easter eggs or other computer programming routines that may damage,detrimentally interfere with, diminish value of, surreptitiously intercept orex propriate any system, data or personal information;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

(j) shall not be false, inaccurate or misleading;

(j) 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, autocon.biz does not permit transactions in the following items including but not limited to categories asstated in the Prohibited and Restricted Items Policy.

(k) 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

(l) shall not link directly or indirectly to or include descriptions of items, goods or services that:

are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code,1860, Information Technology Act 2000 as amended time to time and rules there under ;

1. 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;

2. are concurrently listed for sale on a web site other than the Website;

3. Solely to enable autocon.biz 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. autocon.biz will only use Your Information in accordance with the User Agreement and autocon.biz 's PrivacyPolicy.

4. 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 Website. You shall have absolute right,title and authority to deal in and offer for sale such items, goods or products.

5. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform autocon.biz of the same. If you are a Registered User, you may contact autocon.biz. (Page link)

6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website as per the applicable Shill Bidding Policy.which is incorporated by way of reference in this Agreement.

7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act,2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations(including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax,Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including 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 Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is"non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, 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.