This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 PRA Enterprises Website.
User Agreement
Your use of a PRA Enterprises website (hereinafter referred to as "the Website") 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 PRA Enterprises websites. If you transact on any PRA Enterprises website other than the Website, you shall be subject to the policies that are applicable to the PRA Enterprises sites for such transaction. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 1st April 2010 ("User Agreement"). If you reside in India, you are contracting with PRA Enterprises . These terms and conditions constitute your binding obligations towards these respective contracting entities (hereinafter individually and collectively referred to as “PRA Enterprises ”).
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 PRA Enterprises 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: PRA Enterprises may amend this User Agreement and/or PRA Enterprises Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via PRA Enterprises Website’s News panel (hereinafter referred to as an “News”). The revised version will be effective at the time PRA Enterprises posts it on the Website / News. In addition, if the revised version of this User Agreement includes a Substantial Change, PRA Enterprises will provide you with 30 days' prior notice of such Substantial Change/s by an News Post or as per the Notification Preferences provided by You to PRA Enterprises . You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in PRA Enterprises Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
Please note: various underlined words and phrases are hyperlinked to various rules and polices on the Website. By accepting this User Agreement, User also agree that your use of respective country’s PRA Enterprises website by the user agreement, privacy policy and other rules and policies posted on those websites.
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-discharged insolvents 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 may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. PRA Enterprises reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to PRA Enterprises ’s notice or if it is discovered that you are under the age of 18 years.
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 PRA Enterprises '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 PRA Enterprises has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, PRA Enterprises 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.
Electronic Communications
When You use the Website or send emails or other data, information or communication to PRA Enterprises , You agree and understand that You are communicating with PRA Enterprises through electronic records and You consent to receive communications via electronic records from PRA Enterprises periodically and as and when required. PRA Enterprises will communicate with You by email or by an News notice or electronic records on the PRA Enterprises Website which will be deemed adequate service of notice / electronic record.
Fees and Services
Membership on the Website is free. PRA Enterprises 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. PRA Enterprises reserves the right to change its Fee and Credit policies from time to time. In particular, PRA Enterprises 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 PRA Enterprises 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 PRA Enterprises within such time as specified in the invoice.
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: PRA Enterprises 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 PRA Enterprises . PRA Enterprises also reserves the right to take legal action in case of non-payment of fees by you to PRA Enterprises .
Use of the Website
- You understand and agree that PRA Enterprises 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. PRA Enterprises 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. PRA Enterprises has no control over the third party user generated contents.
- You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- 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 a passive conduit for your online distribution and publication of Your Information.
- Your Information (or any items listed):
The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information..
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- belongs to another person and to which You does not have any right to
- 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;
- harm minors in any way;
- 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;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- 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, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or 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.
- shall not be false, inaccurate or misleading; 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, PRA Enterprises does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy .
- 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
- 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;
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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
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are concurrently listed for sale on a web site other than the Website;
- Solely to enable PRA Enterprises 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. PRA Enterprises will only use Your Information in accordance with the User Agreement.
- 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.
- 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 PRA Enterprises of the same. If you are a Registered User, you may contact PRA Enterprises .
- From time to time, you shall be responsible for providing information relating to the items or services 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 or services so as to mislead other Users in any manner.
- Platform for Communication The Website is only a venue where Users may meet and interact with one another for their transactions. PRA Enterprises is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. PRA Enterprises does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
2. PRA Enterprises is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). PRA Enterprises cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. PRA Enterprises shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. PRA Enterprises 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 offered to be sold or purchased on the Website. In particular, PRA Enterprises does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. PRA Enterprises accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. PRA Enterprises 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 Website and use your best judgment in that behalf.
5. PRA Enterprises does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. PRA Enterprises is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services 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 PRA Enterprises nor shall PRA Enterprises have any obligations or liabilities in respect of such contract. PRA Enterprises is not responsible for unsatisfactory or delayed performance of services or 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.
7. At no time shall any right, title or interest over the items vest with PRA Enterprises nor shall PRA Enterprises have any obligations or liabilities in respect of such contract. PRA Enterprises is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify PRA Enterprises 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, PRA Enterprises cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
Privacy
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 Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. We use third parties to verify and certify our privacy principles. If you object object to your Information being transferred or used in this way please do not use the Website.
7A. Your Consent:
By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by PRA Enterprises in accordance with PRA Enterprises Privacy Policy.
Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy It Now format) on the Website are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller.
An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding 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 Website 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.
PRA Enterprises strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card / paymate, oxicash/ zipcash and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Willfully entering erroneous or fictitious bids may result in prosecution by PRA Enterprises .
As a Winning buyer you must contact the seller within 72 hours of auction closing successfully.
Please be aware that even if you do not give PRA Enterprises your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the auction is closed.
In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork 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.
No Warranty
PRA Enterprises and its suppliers, affiliates and service provider provide the Website 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 Website and Payment Gateway is at your risk.
Limitation of Liability
In no event shall PRA Enterprises or its suppliers, affiliates and service providers 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 Website and Payment Gateway Facility, its services or this agreement (however arising, including negligence).
PRA Enterprises 's liability in any circumstance is limited to the amount of fees, if any, paid by you to PRA Enterprises . PRA Enterprises , its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Payment Gateway Facility will be error free and/or uninterrupted. Consequently, PRA Enterprises assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Payment Gateway Facility and Payment Gateway Rules and Polices which are incorporated by way of reference in this Agreement.
2. Any interruption or errors in the operation of the Website or Payment Gateway Facility. You expressly understand and agree that 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 PRA Enterprises has been advised of the possibility of such damages).
Indemnity
You shall indemnify and hold harmless PRA Enterprises and (as applicable) PRA Enterprises ’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, PRA Enterprises Rules and Policies, Payment Gateway User Agreement, Payment Gateway Seller Terms and Conditions and Payment Gateway Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
Governing Law
The User Agreement, Payment Gateway User Agreement and Payment Gateway Seller Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 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. |