General
1. Indian Auction can change this User Agreement at any time, without giving you prior notice and it is your responsibility to make sure that you are familiar with the up to date User Agreement.
2. Indian Auction provides the Indian Auction web site and services so that you can buy and sell items with other members of Indian Auction. Indian Auction is not a party to these transactions, and will not become involved in resolving disputes between members about transactions.
3. Indian Auction is not liable to you or any other person for anything in connection with any aspect of the Indian Auction web site or your use of it. In particular, Indian Auction is not liable to you or any other person on any basis for any loss or damage caused to you directly or indirectly by use of the Indian Auction web site.
4. Indian Auction has no knowledge and makes no representations or warranties about any aspect of any item, listing or member of Indian Auction.
5. You use Indian Auction services and the Indian Auction web site entirely at your risk. Indian Auction takes no responsibility for any system unavailability, or for any loss or damage that is incurred as a result of the Indian Auction web site or services being unavailable. Further, Indian Auction assumes no responsibility for the corruption of any data or information held by Indian Auction.
6. Indian Auction provides no warranty or guarantee that the Indian Auction web site or services will be error free or reliable.
7. Indian Auction provides no warranty or guarantee for the accuracy of information provided by Indian Auction.
8. Sellers on Indian Auction are solely responsible for the content of their listings.
9. Indian Auction is not recommending or endorsing products or services by permitting them to be offered for sale on Indian Auction.
10. A failure by Indian Auction to exercise a right under this User Agreement does not amount to a waiver of the right.
11. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Indian Auction web site without prior written permission.
12. This User Agreement constitutes the entire agreement, between the parties, relating to the subject matter of this User Agreement.
13. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments or questions, in your member profile.
BECOMING A MEMBER
1. Becoming a Member:
To become a member of Indian Auction you must register using the registration process. The cost to become a member is $10, you will be asked to pay this during the registration process and then every 12 months from the date of registration - please note this is not refundable and cannot be used to pay for any products and services.
You may only register as a member if you are 18 years or above. By registering as a member, you warrant that you can form a legally binding contract.
2. Accurate Information:
You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Indian Auction to ensure it is kept current at all times. Indian Auction may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Indian Auction's discretion, you may create a business membership in addition to your personal membership.
3. Termination of membership:
Indian Auction reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Indian Auction may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
4. Indian Auction can change this User Agreement at any time, without giving you prior notice and it is your responsibility to make sure that you are familiar with the up to date User Agreement.
5. Indian Auction provides the Indian Auction web site and services so that you can buy and sell items with other members of Indian Auction. Indian Auction is not a party to these transactions, and will not become involved in resolving disputes between members about transactions.
6. You must not use the Services or the Website to promote items for sale outside the Services to users of this website
7. Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
1. not to permit any other person to use your user name or membership; and
2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
Selling
If you offer items for sale on Indian Auction you agree that:
1. All prices stated are in New Zealand and Australian dollars and include GST if applicable;
2. You are legally entitled to sell the items you are offering for sale;
3. Your item description is accurate and complete, and includes all relevant information about terms of sale including shipping and payment information;
4. Your item description is not inaccurate, misleading or fraudulent;
5. Your item description or item for sale does not Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
6. You will state in a listing if an item is not in your direct possession, and provide an estimated delivery time to New Zealand and Australia;
7. You will offer items for sale in the appropriate categories, and will not offer adult rated items in any category other than the Adult category;
8. Your item descriptions will not include references to other web sites where similar items are offered for sale, or contact details are provided for a seller of similar items;
9. You intend to sell the items to the highest bidder via Indian Auction if the reserve price is met;
10. You are willing to accept payment to a New Zealand or Australian bank account as one of your payment options.You will not attempt to manipulate the bidding on an auction by shill bidding, or by assuming multiple identities;
11. You will not offer items to another bidder unless contact with the winning bidder cannot be made within a reasonable time, or the winning bidder fails or declines to comply with the terms of sale stated in the item description of your listing;
12. You will not charge unreasonable amounts for shipping and handling; and
13. When listing films, videos, DVDs, VCDs, laser discs and videogames for sale, you will include within your listing the New Zealand and Australian classification rating and all the information on the classification label.
14. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You agree that Indian Auction may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach
15. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
Buying
When buying an item on Indian Auction you agree that:
1. By buying an item, you warrant that you have the legal right to enter into and complete the transaction;
2. If your bid is successful, you must complete the transaction in the manner specified in the listings item description. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
3. If your bid is successful and you do not pay for the item, you will receive a warning from Indian Auction if the seller complains about you. After such complaints, Indian Auction may terminate your membership.
4. Your Member Name and the amount of your bid will be shown on the Indian Auction web site; and you also agree to your email address or phone numbers if necessary to be supplied to the seller when you win the auction.
5. You will not bid on an auction that belongs to any person that is personally known to you with the intention of increasing the current price of that auction.
Listing policies
It is your responsibility to ensure you are legally allowed to sell any items you list, this includes ensuring that the item doesn't breach of any copyrights, trademarks or intellectual property rights.
You must also abide by the following listing policies:
· Items must be accurately represented and listings must be placed in the most appropriate category.
· You may not offer to sell additional items outside of Indian Auction or list a per item price.
· Listings should not include any contact details, except where asked for in the listing process. 'Keyword spamming' to manipulate search results is not allowed.
· All prices should be in New Zealand dollars in NZ and Australian dollars in Australia and include all applicable GST.
· Shipping charges should only include the cost of the actual shipping and materials used.
Listing an item is a commitment to sell it through Indian Auction, you may not withdraw an item because it has not reached the price you wanted.
· Listings fees and success fees are to be paid by the seller. You may not add these fees or other fees onto the winning bid amount.Indian Auction reserves the right to remove any listings that are in breach of its terms and conditions. Indian Auction also reserves the right to remove items off the homepage at its sole discretion.
Feedback
When placing feedback you agree that you will not place feedback that:
1. violates any New Zealand or Australian law;
2. contains another member's contact information; or
3. contains insults, profanity, vulgarity, hate speech, disruptive, or hostile comments, or threats of violence.
Fees
1. Indian Auction charges fees for the use of the Indian Auction web site as a venue.
2. Fees are charged when items are listed and are non refundable.
3. Fees are deducted from your Indian Auction account.
4. All fees paid by New Zealand resident members include GST and are in New Zealand dollars and all fees paid by Australian residents include GST and are in Australian dollars.
Accounts
1. Indian Auction accounts may not be used to pay for items purchased using the Indian Auction web site.
2. A negative account balance must be settled immediately. In the event of any failure by you to settle a negative account balance you are liable for all reasonable expenses (including legal fees) incurred by Indian Auction.
3. If your membership is terminated by Indian Auction, or you choose to terminate your membership, the balance of your credit account will be forfeited.
4. If you have not signed into Indian Auction for a period of 12 months any unused balance on your Indian Auction account is forfeited to Indian Auction and your membership suspended. If you do not comply with this User Agreement Indian Auction may, without notice or warning, limit your activities on the Indian Auction web site by removing your bids or listings, issuing you a warning or suspending or terminating your membership