1.The e-Auction/e-Tender (www.assetvistas.com) is a website providing information
on auctions & tenders on the electronic media viz. “e-Auction”/”e-Tenders”.
Alma Business Information Technology Pvt. Ltd is the Owner of this website. (the
Owner )
2. The access to this website is permitted subject to your accepting the following
terms and conditions. Upon accessing this website these terms and conditions will
automatically appear on the screen upon your clicking the icon “accept ‘’ in the
registration form , and you will be deemed to have accepted the these terms and
conditions and bind yourself of the terms and conditions. In case you do not wish
to accept these terms and conditions pl do not proceed further to use the website.
Please note that these terms and conditions are subject to amendments , changes
from time to time without notice and every time you access this website you will
be deemed to have accepted the terms and conditions as applicable at time of access.
3. The Owner reserves the right to limit/restrict/alter/amend /terminate/change
/modify/reject the aspects, services, features on the website at any time or even
discontinue the services without any notice.
4. The services of “e-Auction ‘’/ “e-Tender” platform(Website) acts as an information
medium between a seller and the purchaser of the goods or services. The information
posted on the website are as received from the seller/purchaser/or persons wanting
to use the website for commercial use and the website or the Owner do not accept
any responsibility as to the contents of such information and/or do not make any
warranty as to the correctness/merchantability/use/fitness of such information.
5. Except for collating/collecting information and passing on the same to the seller/purchaser
as the case may be the website or the Owner do not accept any responsibility or
obligation, legal or otherwise as between the seller and the purchaser and in the
transaction of sale /purchase/lease and other transfer of goods and services it
is clearly indicated that the website and Owner will not have any privity of contract
.
6. The KYC details provided by the customers who access the website own such information
and the website or the Owner do not accept any responsibility for such KYC details,
and the customer be it the seller or the purchaser or the person using the website
for commercial use do hereby indemnify the website and the owner with respect to
any action /claim arising out of any commission /omission for providing any information
on the website. The web site may contain areas where persons accessing may share
information/comments/views etc. It is made clear that no person accessing the website
shall post any information which could be offensive in language or obscene or which
is prohibited in law.
7. It is made clear that the website or the Owner are in no way responsible for
the receipt of the consideration of sale/purchase of goods and services or for the
delivery of the goods or services including their merchantability or to the quality
and all such aspects of sale /purchase shall have to be dealt with the seller and
the purchaser alone. All sellers/purchasers must exercise normal commercial and
legal prudence and caution in their dealings. Since there is no privity of contract
between the website , the Owner and the seller / purchaser of goods and services
the website or the Owner will in no way be responsible for any wrong doing by any
side.
8. The earnest money deposit or advance payment made as per the agreed terms between
the seller /purchaser for the goods and services is between the seller /purchaser
for such goods and services and any refund / repayment will be governed by the terms
and conditions of the seller /purchaser of such good and services and the website
or the Owner shall have no responsibility for the same.
9. With respect to any person who is accessing the website from a territory other
than India must note that the website of the Owner makes no representation as to
the quality/merchantability of any goods or services and that this website is operated
and administered from India and that the website or the Owner does not make any
representation as to the validity or the legality of the contents on the website
in relation to the respective persons’ country laws.
10. Prior to taking part in the “ e-auction‘’/ “e-tender” the seller / purchaser
will have to pay the auction fees /registration fees as applicable on the tariff
at the relevant time. The registration is separate for each person and for each
auction. One is not allowed to sharing of the password or the user name. However
all bids tendered thru the user will be deemed made by the user of the account and
be fully binding on the user as per the terms and conditions prescribed by the seller
for the auction. All proxy/dummy transactions are liable to be rejected and the
fees paid will not be refunded.
11. The terms and conditions imposed by the seller of the goods and services will
be mentioned in the auction sheet prepared and submitted by the seller to the website/owner
and all purchasers shall be bound by those terms and conditions as specified by
the seller for participation in the respective e-auction/e-tender. Thus participation
in and e-auction/e-tender would be bonafide only when the bidder adheres to the
seller’s terms & conditions of the e-auction/e-tender and the methodology of bidding
on the website and the website user terms and conditions mentioned here-in. In case
it is found thru notification by the seller or otherwise that the bidder has not
adhered to the terms and conditions of the e-auction/e-tender the participation
of the bidder in such circumstances would be restricted unless specifically notified/intimated
by the seller and the website or the Owner would not be liable in any way in the
event of such restriction to participation.
12. The result of the e-auction/e-tender will be intimated by the seller directly
to the successful purchaser and the bidders are required to directly contact the
seller for the results of the e-auction/ e-tender. The website or the Owner do not
take any responsibility for the cause of acceptance or the rejection of the bids.
13. The postponement or cancellation of the auction by the seller may be posted
or notified by the website but the website or the Owner are not responsible for
such postponement or cancellation of the auction and the purchaser of the goods
or services shall have no claim against the website or the Owner including for the
refund of the registration fee or other payments as per the tariff. If the seller
cancels the auction, the fees if any paid for the auction will not be refunded.
The seller shall either through this website or directly inform the bidders about
the postponement or cancellation of the auction.
14. The website or the Owner is not responsible for any failure to execute the bid
or technical errors during the bid and for any delay in the process of auction through
internet media. In no way the website or the owner be responsible or liable for
any damages direct, consequential or otherwise including for loss of profits, revenues
or any other claims arising out of or related to the e-auction/ e-tender, or the
information contained in the website.
15. Changes if any would be posted on the website ,
www.assetvistas.com . The registered users are requested to regularly visit
the site and update themselves of the said changes.
16. It is made clear that the website or the Owner have no control over the internet
services and hence they are not liable or responsible for interruption/delay in
the services for any reason whatsoever.
17. The bidders note that once you bid in an e-auction/e-tender, you cannot cancel
or withdraw the bid and if you do so you could be liable for action from the seller
of the goods /services. The systems has provisions to help you tender a bid properly
thru validations however such validations do not extend to the bidder’s digital
signature certificate. In such case if the bid is found to be invalid and void by
the seller the website or the Owner shall not be responsible for the rejection of
bid by the seller.
18. The sellers note that in case of bids the website or the Owner does not take
any responsibility to check the correctness and completeness of the bids since the
same will be done by the seller only. A bid by a buyer/bidder will be deemed complete
on his having complied with the methodology i.e. logging into the registered account,
entering a bid in the bid template in his account, entering the “captcha” code after
the bid and uploading his digital signature. The website or the Owner would not
be responsible for the actual identity of the person bidding through a buyer user
account or the digital certificate uploaded along with the bid.
19. Please do not attempt to bid in dummy names or submit false bids since the same
is in violation of law and it is possible for the law enforcement agencies to track
the source of bids and take suitable action for false representation and other applicable
penal provisions. You shall not form a cartel to bid with a view to restrict competition
in any way. If it comes to the knowledge of the website /Owner or the seller that
you had attempted to form a cartel for the bid , in addition to other remedies available
in law , your bid and the bids of those who had joined the cartel will be liable
to be rejected. And such an act will be a breach of user agreement and the membership
to this website may be withdrawn under such circumstances.
20. The bidders can submit their bids or revise their bids till the time allotted
for submission of bids and the time will be maintained by the website .The time
indicated on the bids are electronically controlled and the bidders shall not question
the same for any reason whatsoever.
21. Each e-auction/e-tender is a separate transactional process and will be conducted
independently.
22. The bids can only be submitted by individuals who are either themselves registered
users or are authorised representatives of business entities or organisations. Such
business entities or organisations who have authorised such bidders will be themselves
liable for all acts of usage on the website by their such authorised representatives.
23. Upon registering yourself in the prescribed form and upon payment of the fee
prescribed, you will be allotted a unique and personalised user account which may
be operated by you by sing-in with your user-id and the password you have registered
at the time of registration. You will be responsible for safe preservation of the
username and you shall not use the same for any unlawful purpose or you shall not
share the same with any other person or third party. The website or the Owner shall
not be responsible for breach by you of this condition. And such breach would make
your user account on this website liable for termination.
24. The website or the owner reserve their right to terminate the use by you of
the services in the event of any breach of these terms and conditions.
25. Each user who accesses the website understands that any information seen or
downloaded from the website or any services used is at users’ own risk and that
the user will be responsible for the same. The website, the Owner or its employees
shall not be responsible for any damages, claims which are direct or indirect, consequential
in relation to the use of the services, unauthorised access, submission of data,
seller/purchaser disputes, commercial information and the likes.
26. This user agreement is subject to Indian laws and appropriate Courts within
the jurisdiction of Navi Mumbai alone will have jurisdiction to entertain any disputes
to the exclusion of all other courts.
27. While accessing the website you shall ensure that you comply with all the laws
as applicable to you in the territory including the laws of India.
28. Any taxes payable will be to your account for the use of the website.
29. For any communication you may contact us through telephone/eMail etc. using
the contact details as specified in Contact Us Page
30. By accepting the terms and conditions it is acknowledged by you that you have
read and understood all the terms and conditions and then only accepted the same.
You further accept that you will adhere to the acceptable usage policy given below
and also accept the privacy policy
mentioned on this website.
31. The use of the services shall not connote any agency or partnership between
the website or the Owner and the user.
32. By accessing the website you agree not to take any action which will in any
way hinder /disrupt the services or create any nuisance.