These are the terms and conditions ("User Agreement") governing your use of the website www.infobanc.com (hereinafter referred to as "infobanc" or "infobanc.com") These terms and conditions constitute your binding obligations towards using all services available at infobanc.

For the purpose of the User Agreement, Registered User / and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of infobanc by providing Registration Data (as defined hereinafter) while registering on infobanc using the computer systems of infobanc and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password").

As a new Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and all other rules, policies and procudures as desined in infobanc, please do not click on the "check box" and do not seek to obtain access to or otherwise use contents and services of infobanc.

Amendments: infobanc may amend this User Agreement and/or rules, policies and procedures at any time by posting a revised version in infobanc.com . All updates and amendments shall be notified to You via infobanc.com. The revised version will be effective at the time infobanc posts it on infobanc.com . You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and rules, policies, procedures. By accepting this User Agreement, the User has also accepted and agreed to be bound by infobanc Rules, Policies and procedures as provided from time to time

• Membership Eligibility Use of infobanc 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 infobanc. If you are a minor i.e. under the age of 18 years, you shall not register as a member of infobanc and shall not display, sell, purchase or bid for any item on infobanc. As a minor if you wish to purchase or sell an item on infobanc, such purchase or sale may be made by your legal guardian or parents who have registered as users of infobanc infobanc reserves the right to terminate your membership and refuse to provide you with access to infobanc contents if it is brought to infobanc’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 authorised by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
• Your Account and Registration Obligations If you use infobanc content and/or services, you are responsible for maintaining the confidentiality of your User ID and Password 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. You agree, inter alia, to:
  • Provide true, accurate, current and complete information about yourself as prompted by infobanc registration form (such information being the "Registration Data")
  • You must not include any of your contact details such as email addresses etc in your User ID; and
  • 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 infobanc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, infobanc has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to infobanc contents and services.
• Electronic Communications When you use infobanc or send emails or other data, information or communication to infobanc, you agree and understand that You are communicating with infobanc through electronic records and You consent to receive communications via electronic records from infobanc periodically and as and when required. infobanc will communicate with You by email or by any other electronic records on the infobanc.com website which will be deemed adequate service of notice / electronic record.
• Fees and Services Membership on infobanc is both paid and free. infobanc does not charge any fee for browsing, listing buy order and bidding for any on-going buy or sell transaction. However, before you list an item for sale through the infobanc.com website, please visit Membership Form and FAQ on Membership Services which are hereby incorporated by reference into this agreement.
  
  infobanc reserves the right to change its listing fee, membership fee, transaction fee on successful transaction and/or any other part of its fee schedule from time to time. In particular, infobanc may at its sole discretion introduce new services and modify some or all of the existing services offered on the infobanc.com website. In such an event infobanc 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 fee schedule shall be posted on infobanc.com 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.

  • Taxes: You are responsible for paying all fees associated with the use of infobanc.com website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
  • Non-payment: infobanc.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of infobanc.com website and refuse to provide you with access to the infobanc.com services and content in case of non-payment of fees by you to infobanc. infobanc also reserves the right to take legal action in case of non-payment of fees by you.
• Use of the infobanc.com website
  
  

  You understand and agree that infobanc and infobanc.com 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. infobanc neither initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. infobanc has no control over the third party user generated contents. You agree, undertake and confirm that your use of infobanc.com 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 infobanc.com website ("Users") in the registration, 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. Shall not be false, inaccurate or misleading; Shall not be fraudulent or involve the sale of counterfeit or stolen items; Shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; 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, infobanc does not permit transactions in following items including but not limited to - pornography products, arms and ammunition, hacking/spamming software, counterfeit products, products declared as phohibitive by any Govt authority etc. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; Shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Shall not contain any viruses, 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; Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; 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; Are identical to other items you have made live for transaction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; Solely to enable infobanc 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. infobanc will only use Your Information in accordance with the User Agreement and infobanc.com Privacy Policy. 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 infobanc.com of the same. You may contact infobanc at Contact Us page. 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 infobanc.com website which is incorporated by way of reference in this Agreement. You shall comply with 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 infobanc.com 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. 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. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to infobanc and incorporated by way of reference in this Agreement.

• Platform for Communication infobanc.com website is only a venue where Users may meet and interact with one another for their transactions. infobanc is not and can not be a party to or control in any manner any transaction between two Users of infobanc.com website. Consequently:
• 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. infobanc 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.

• infobanc is not responsible for any non-performance or breach of any contract entered into between Users. infobanc cannot and does not guarantee that the concerned Users will perform any transaction concluded on infobanc.com website. infobanc shall not and is not required to mediate or resolve any dispute or disagreement between Users.
• infobanc 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 infobanc.com website. In particular, infobanc does not implicitly or explicitly support or endorse the sale or purchase of any items or services on infobanc.com website. infobanc accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• infobanc 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 infobanc.com website and use your best judgment in that behalf.
• infobanc does not at any point of time during any transaction between buyer and seller on infobanc.com 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.
• infobanc.com website is only a venue through which Users can reach a larger base to buy and sell items or services. infobanc 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 Buyer. At no time shall any right, title or interest over the items vest with infobanc nor shall infobanc have any obligations or liabilities in respect of such contract. infobanc 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.
• At no time shall any right, title or interest over the items vest with infobanc nor shall infobanc have any obligations or liabilities in respect of such contract. infobanc 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.
• You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.
• 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 Information is one of our most important assets. Our current Privacy Policy is available here If you object to your Information being transferred or used in this way please do not use infobanc.com website.
• Breach Without limiting other remedies, infobanc may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to infobanc.com website in the event, but not limited to:
  • If you breach the User Agreement, Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporate by reference;
  • If infobanc is unable to verify or authenticate any information you provide; or
  • If it is believed that your actions may cause legal liability for you, other Users or infobanc. infobanc may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with infobanc or use infobanc.com website in any manner whatsoever until such time that such User is reinstated by infobanc. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, infobanc reserves the right to recover any amounts due and owing by you to infobanc and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
• Bidding and Buying All bids - whether buy or sell - and all posting (buy orders and sell offers) on infobanc.com website are a firm commitment to buy or sell . If you are the buyer, seler or winning bidder for any item and concerned bid has been accepted by concerned buyer or seller, you are obligated to complete the transaction with the winning bidder.
  
  An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Buy Orders, sell offers or bids cannot be canceled. By buying, selling or bidding on an item you agree to be bound by the conditions of buy or 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.
  
  infobanc strongly advises you not to test the site with false bids, fake buy orders or sell offers, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or using a known invalid Credit Card. Willfully entering erroneous or fictitious bids may result in prosecution by infobanc.
  
  As a buyer or seller - you must not attempt to contact the bidder directly avoiding infobanc.com services. Similarly, as bidder - you must not attempt to contact concerned buyer/seller directly avoiding infobanc.com services.
  Please be aware that even if you do not give infobanc your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As user of infobanc.com website we encourage you to post rating of buyers and sellers alongwith feedback after a transaction has 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.
• Priority in Bidding In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
  • Price: Your price must be acceptale to concerned buyer/seller.
  • Quantity: Your quantity and other terms of conditions for buy/sell must be mutually be agreed between buyer and seller.
  • Closing a Transaction: Decision to close a transaction rests on the party who has posted buy order or sell offer. In case of 'want to buy' transaction, concerned buyer who has posted the buy order will decide the best bed and inform infobanc accordingly. In case of a 'Sell Offer', seller who has posted concerned sell offer will decide the best bid and inform infobanc accordingly. infobanc shall close any on-going transaction on the basis of feedback from buyer or seller, as stated above. Bidders must accept such decision. infobanc's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.
• Selling As a registered member, you may list item/s for sale on infobanc.com website in accordance with the listing rules and policies, which is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on infobanc.com website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on infobanc.com website.
  The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on infobanc.com website. infobanc reserves the right to delete such multiple listings of the same product listed by you in various categories.
  
• Transaction Close A b2b e-commerce transaction (buy or sell) will be considered as successfully closed if buyer and seller agree on a mutually acceptable set of terms relating to price, quantity, shipiing terms, payment terms etc. - necessary for concluding physical part of the transaction. It will be the responsibility of the party who posted the buy order or sell offer to inform infobanc about transaction closure. In case, buyer and seller fail to conclude a mutually acceptable agreement prior to the Bid Closing Date, i.e. the date and time as specified in that particular transaction - the transaction will be considered 'expired' and no bids shall be accepted after such expiry.
• Feedback We encourage buyers and sellers on infobanc.com website to provide feedback in terms of 'Rating' to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your name/user ID. infobanc will not be responsible for the feedback that you post on infobanc.com website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
  
  You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, infobanc reserves the right to suspend your membership, and you will be unable to list, buy or bid on infobanc.com website. Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by infobanc and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your infobanc.com website feedback rating in any venue other than on infobanc.com website. Import - We do not provide the technical ability to allow you to import feedback from other websites to infobanc.com website because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
• No Warranty infobanc and its suppliers, affiliates and service provider provide the infobanc.com 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 infobanc.com website is at your risk.
• Limitation of Liability In no event shall infobanc 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 infobanc.com website, its services or this agreement (however arising, including negligence). infobanc's liability in any circumstance is limited to the amount of fees, if any, paid by you to infobanc. infobanc, 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 infobanc.com website or that the operation of infobanc.com website will be error free and/or uninterrupted. Consequently, infobanc assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  • The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of infobanc.com website
  • Any interruption or errors in the operation of infobanc.com website. You expressly understand and agree that infobanc 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 infobanc has been advised of the possibility of such damages).
• Indemnity You shall indemnify and hold harmless infobanc and (as applicable) infobanc’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, 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.
• Relationship, Notice and Severability None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and infobanc and you shall have no authority to bind infobanc in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of infobanc its India affiliate / associate to infobanc Attn: Legal Department, Ace InfoBanc Pvt Ltd, 7-C Katwaria Sarai, New Delhi - 110016, India or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
• Arbitration If any dispute arises between you and infobanc during your use of infobanc.com website thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by infobanc. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
• Governing Law The User Agreement, and Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India