The document being an electronic record is generated by a computer system and does not require any physical or digital signature.
Welcome to "www.Indussalvage.in" Website, owned and managed by Indus Salvage Private Limited, a company incorporated under the Companies Act, 2013 (18 of 2013) with mailing address: 737-B, 7th Floor, JMD Megapolis, Sector 48, Gurugram, Haryana, 122018, Email: firstname.lastname@example.org.The Website provides a virtual platform for auction houses, large consumer auctions, banks, leasing companies, insurance companies or any other business who chooses to use the Website's online platform in order to make their products available for sale to the public through the Website.
It is hereby clarified that the Products supplied and sold via the Website are sold and supplied solely by third parties. The Website is merely a platform which allows Users and Sellers to engage in the sale and purchase of Products, and therefore the applicable Seller shall be solely responsible for any Product sold by him, its quality, nature and conditions of sale and supply and its supply shall be made solely by the Seller. In addition, the User shall be responsible for performing all necessary tests required for the purpose of completing a purchase, prior to the actual purchase via the Website, including (but not limited to) viewing the Items physically (on dates and places indicated on the applicable product page), checking the terms of sale presented by the applicable Seller, including any costs associated with the price of the Product being sold and so forth.
I. "Website" - means "www.Indussalvage.in" and/or IndusSalvage's employees, its representatives, webmaster, Mobile application(s), the Website's management and/or anyone acting on behalf of the Website.
II. "Users" and/or "Buyers" - means the Website's registered users/Bidders and/or Buyers who used the Website and/or anyone on their behalf.
III. "Seller" and/or "Sales House" - means parties who approaches www.IndusSalvage.in for listing and/or sell their vehicles on the platform via the Website having the undisputed legal right and/or authority to sell the Vehicle. It could be an individual, a firm, a company; any legal entity being or anyone appointed by a court or by the execution authority or any other competent authority for selling the Product via the Website’s bidding process.
IV. "Products", "Services", "Items" - means any Product and/or service offered for Auction sale via the Website.
V. "Auction" - means a sale to which a starting price shall be set, and any User interested to purchase the Product being sold in such sale shall have to place a bid, the User who offered the highest price at the end of such sale shall "win" such sale.
VI. "Portal(s)" - means sections of sale within the Website and Mobile Applications.
VII. Indus Salvage Private Limited can also be referred as "IndusSalvage" or "Company" or “Service Provider” or “Auctioneer”.
2. Services offered and conditions
I. The Website provides you with a feature-rich, web-based, automated platform for auction (on a real time basis) of a wide variety of New and pre-owned motor vehicle assets, consisting 4 wheelers (including passenger cars), 2 wheelers, 3 wheelers, commercial vehicles, construction and Farm equipment, and so on.
II. Any Product which shall be offered for Auction Sale via the Website by a Seller will be placed and displayed within a designated auction page in which relevant information regarding the applicable Product shall be provided.
III. The Website allows its Registered Users only to place bids in Auctions of a particular or multiple vehicles which shall be as is where is basis only.
IV. All bids placed with respect to any vehicle in auctions by you made via the Website/Mobile app shall be binding. In case such bids are placed and selected as the winning bids, you shall be required to exercise such bids. Cancellation of bids and/or purchases shall not be possible post auction expiry.
V. Being all auctions “Post Approval”, Seller is not obligated to accept the highest bid or any bid whatsoever, and will be entitled to hold an additional bidding process between the bidders or some of them, even following the applicable sale date, to extend the deadline for submission of bids, to extend the time of any bidding process and to cancel a bidding process, all in its sole discretion and subject to applicable law.
VI. The price offered by Bidders in Auctions with respect to a Vehicle is a net price for such applicable Vehicle only. A standard Transaction Fee (as mentioned in “Fees and Payments” section) of the Winning Bid shall be payable by the Bidder to Indus Salvage. Winner is responsible for paying all fees associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cesses etc. levied thereon.
VII. In the event of Non-payment (of Membership Fee, Security Deposit, Auction Fee, etc.) or not honouring the Winning Bid or Late/No-response against any auction obligation by Bidder, IndusSalvage reserves the right to temporarily/indefinitely suspend or terminate your membership and/or forfeit whole or part of the any Deposit deposited to the Website and refuse to provide access to the Website by considering you BACKOUT and may take legal action.
VIII. In case any buyer issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for buyers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
IX. All Vehicle images presented on an Auction Page are for reference purposes only and there may be differences between the images presented and the actual Product. It is hereby suggested that Bidder should check the vehicle physically and do not trust the images presented on the Website.
3. Applying for Membership
I. Access of the Website is available only to persons (as a registered Bidder) who can form legally binding contracts under Indian Contract Act, 1872. One must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. To access and use the Services, you must agree to all Terms and Conditions after reading them thoroughly and register for an Indus Salvage account by paying the requisite Registration Fee/Membership Fee and has deposited the Security Deposit (through cheque/draft/NEFT/RTGS/IMPS only).
II. You must provide your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Indus Salvage may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. You’re provided email address and phone number will be used as the primary method for communication.
III. It is your obligation to provide true, accurate, current and complete information and you are solely responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and for all activities that occur under your User ID and Password. Indus Salvage cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account.
IV. Your membership shall be reviewed and renewed annually by paying annual membership fee (1 calendar year) for continuous access to the Platform and services associated. Indus Salvage reserves the right to change/alter/waive the Registration Fee, annual Membership Fees or Security Deposit at any time with or without notice.
4. Fees and Payments
I. All fees are in Indian National Rupees (₹) only.
II. Below tables comprises of all fees charge by IndusSalvage:
|Registration Fee||Security Deposit|
|₹ 7,999/-||₹ 20,000/-|
|Vehicle/Auction Fee||(Without Security Deposit)||(With Security Deposit)|
|For Value between ₹ 1,000 to ₹ 10 Lacs||4% or ₹ 1,000*||3% or ₹ 1,000*|
|For Value above ₹ 10 Lacs||2% or ₹ 1,000*||1.5% or ₹ 1,000*|
|* whichever is highest out of two|
|Account Name:||Indus Salvage Pvt Ltd|
|Branch Address:||GURUGRAM, SECTOR 14|
III. If interested, one can become member/buyer/user of services offered by the Website for one (1) calendar year by paying the Registration Fee and Security Deposit.
IV. Account Renew Fee is only applicable if user pays the amount on or before account expiry date, post that registration fee amount will be applicable for account re-activation.
V. Vehicle/Auction Fee will be calculated on the winning bid amount of every Auction Sale and becomes due and payable by Buyer once confirmation of the acceptance of his Winning Bid is conveyed to him.
VI. A non-interest bearing refundable security deposit (minimum of ₹ 10,000) will be collected from all Member applicants (via cheque/draft/NEFT/RTGS/IMPS Only) at or post registration. Which will be returned to respective Buyer only upon his request or expiry/early termination of this Agreement only if all invoices and charges have been paid in full and nothing remains due. All refunds shall be credited to the Bank Account provided by Buyer and his account’s access will be rescinded. In the event the bank account is not valid the refund shall be made by check and mailed to Buyer at the address on file with IndusSalvage within 45 days of receipt of written request and verification of amount due.
VII. Offline/Direct Purchases/Pre-Approved sales are those deals which are pre approved by seller to Indus Salvage and they can be finalized via Auction sale, electronic communication or both to interested buyer as per applicable Auction/Vehicle Fee.
VIII. Buyer will be accountable to pay Penalty Fee to Seller or Indus Salvage in the event of fail to perform any auction sale obligation or/and considered BACKOUT for any cause. An applicable amount shall belevied against any charges and dues which are outstanding and payable by the Bidder to the Auctioneer or Seller including but not limited to non-payment of the amount of Total Price to the Seller within the prescribed time period, refusal to honor the Total Price including the Winning Bid, non-payment of Success Fee to the Auctioneer or violation of any other term of this Agreement resulting in any loss or damage to the Auctioneer or Seller
IX. You undertake to use nay means of payment according to law, and in accordance with the instructions of the owner and/or the issuer of such means of payment.
X. The Company's records and/or of anyone on its behalf shall constitute prima-facie evidence of the execution of a purchase by you.
XI. You undertake to keep your password and username details in strict confidence. It is clarified that any activity which included logging in to your account using your password will bind you with all respects.
5. Limitation of Website's Liability
I. The information on the Website is provided "AS IS", “WHERE-IS” and "AS AVAILABLE" basis. We do not guarantee its accuracy or correctness. We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Website’s applications may not occur in real time. Such functionality is subject to delays beyond Website’s control.
II. The content of the Website is uploaded to the Website as per information provided by Sellers and/or transmitted by Sellers to the Website's representatives only for uploading purposes, and is published without any prior examination.
III. The Indus Salvage Website is an online brokerage platform between person/entity who transacts in the Vehicle through the Platform, being owner thereof or insurance companies, banks, financial institutions, new vehicle dealers acting on behalf of the owners, other authorized Sellers and Buyers. The Website is not responsible and will not bear any responsibility for the contents and/or the availability of the services of the Website and/or other linked websites (including the contents submitted for publication).
IV. To the fullest extent permitted by applicable law, the User agrees and approves that the Company, including its representatives, employees, officers, affiliates, licensors, suppliers, directors, managers, shareholders, and/or agents shall not be held liable for:
i. any damage (direct or indirect) caused to the User and/or any other third party in relation to the use made by the User (whether directly or indirectly) of the Website and/or the Services;
ii. any malfunction, error, or omission of the Website and/or the Services;
iii. any direct, indirect, consequential, or incidental, special, punitive, exemplary damage or other indirect damages under any legal theory due to access to the Website or its use and/or the use of any part of the Services or due to any hindrance from accessing or using the Website, even if the Company has been advised of the possibility of such damages.
V. It is hereby clarified, that the Website does not guarantee the quality of the work or services rendered by Suppliers, and are not responsible for the standard and/or ongoing activities of the Suppliers. The Website shall not be liable for any damages caused to Sellers and/or Buyers, in connection with any transaction executed with the involvement of such Suppliers. Furthermore, Users shall be solely responsible for using any payment means, and the Website shall not be held responsible for any damages in this regard, including leakage of details, theft, etc.
VI. If the Company shall be found liable for any loss or damage that is in any way connected with your use of the Website and/or the Services, then the Company's liabilities will in no event exceed, in the aggregate, the total amount paid by you to the Company for the use of the Website and/or Services during the twelve (12) month period that immediately preceded the event that gave rise to the applicable claim, or if no such amount was paid by you to the Company.
VII. The Website may contain links to other websites. Displaying such links does not, in any way, imply of any approval of such third parties websites' content or reliability. The Website shall not be liable for information or services which are displayed in other websites.
VIII. The Website reserves the right to change, remove or omit any information from any content uploaded, further Website may with or without notice, postpone or cancel an Auction Sale or withdraw a Vehicle from Auction Sale at its sole discretion which will have no liability or obligation whatsoever to Bidder as a result of any withdrawal, postponement or cancellation of an Auction.
IX. The Website is not committed to its continuous and proper operation or to the execution of any transaction. The Website shall not be liable for any malfunctions that may result from the transfer of information from the Buyers to the Seller or from the Seller to the Buyers.
X. The Website operates as a platform only, and is not responsible for the correctness and accuracy of any publications, change of time, dates or any other information relating to Auction sales.
XI. The Website reserves the right to cancel an Auction Sale in the event of fraud/misrepresentation/defect in the Vehicle description or information as determined by Seller to block Users at its sole discretion.
XII. The Website may include third party advertisements. It is hereby clarified that the Company is not responsible for the content of the said advertisements and/or for the suitability of the Products and/or Services marketed through such, and does not recommend and/or encourages Users to purchase the Products and/or Services offered as part of such advertisements.
XIII. The Products' images presented on the Website are for illustration purposes only, as provided to the Website by the applicable Sellers for advertising purposes on the Website.
XIV. The Company and/or the Website do not supervise and are not responsible for the reliability and/or accuracy of the information presented the level of service of the Sellers, delivery schedules, the compatibility between the images and the Products supplied, and so forth.
6. Limited License
III. Each User may only hold one account.
IV. A User, who has been blocked from using the Website, is strictly prohibited from using others' accounts or opening new accounts using others' information.
V. The Website and/or anyone on its behalf do not obligate to maintain information which is stored about you. You shall be solely responsible for keeping and backing up any information relating to you.
VI. It is strictly forbidden to perform any robotic scan of the Website and/or to impose an unreasonable load of traffic on its servers.
VII. The Website and/or anyone on its behalf shall be entitled to terminate the Website's activity at any time and without prior notice, and there is no warranty whatsoever with respect to the Website's availability. You undertake to provide the Website and/or to anyone on its behalf with accurate information and not to mislead, impersonate, slander, infringe any privacy rights, or act against in any unlawful manner.
IX. The Website and/or anyone on its behalf shall not be liable for any malfunctions caused as a result of cyber intrusions, force majeure, deliberate or unintentional malfunctions, hostile action, acts of war, terrorist activity, natural disasters, malfunctions of credit clearing companies and any other reason not deriving from the Website's activity, in any act or omission.
X. While using the Website, you undertake not to: (a) perform or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, basic structure, ideas or algorithms of the Website; (b) modify, translate or create derivative works based on the Website or its contents; (c) copy, rent, lease, distribute, transfer or allow any use of the Website by a third party; (d) use the Website for the purpose of cooperating with a third party; (e) break into, disturb, or disrupt the Website's activity or otherwise attempt to gain unauthorized access to the Website; or (f) perform any manipulation or attempt to manipulate the selling price of a Product sold as part of an Auction and/or any bidding process performed on the Website by any means, including by placing bids by other Users or instructing others to place bids to purchase a certain Product.
7. Ownership of intellectual property
I. You undertake not to infringe the copyrights and/or intellectual property and/or any other rights (under any applicable law) of the Website and/or of others and to refrain from harming and/or altering and/or disrupting any of the Website's content or to infringe any other third-party rights.
II. All rights and/or intellectual property presented on the Website are solely owned by the Website and/or any other website which holds a right to use such rights, and they are protected by any law, including all accounts, titles, computer code, subject, objects, characters, names, stories, dialogues, key sentences, locations, ideas, artistic presentations, animations, sounds, musical compositions, image and sound effects, operating methods, Buyers lists, market segmentation, User lists, graphics, User-supplied information, and so forth.
III. It may be presumed that the contents of the Website are the sole property of the Website, unless such are attached to a logo or to a trademark of any other party.
IV. Any copying, photocopying, translation, storage in a database, transmission or reception in any means, by any electronic, optic or mechanical means or by any other means and/or commercial use in whole or in part and/or making any derivative work of the Website's contents are strictly prohibited, and form, inter alia, a criminal offense, civil and contractual wrongdoing, unless written approval is obtained from the Company to make use in its materials.
8. Updating the terms of the contract
10. Governing Law and Jurisdiction
I. Any dispute between you and the Company will be settled by the competent courts in Haryana only, under the laws of India. It is hereby clarified that the provisions of this section apply also to a non-resident and/or a User which is not an Indian citizen, and in no event you shall raise any Forum Non-Convenience claim against the adequacy of Indian courts and/or claim that any foreign law shall be applicable to any engagement by you and the Company.
11. Electronic Signatures
I. You acknowledge that the Website facilitates contractual engagements between Sellers, purchasers and receivers via electronic signature and other online and electronic means ("Electronic Communication"). You hereby agree to the use of Electronic Communication in order to enter into contracts, participate and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Website. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. Further, you acknowledge that the Website engages third party subcontractor to compile digital forms for electronic signatures and you agree that the Website will share with such third party your details necessary for the creation of such digital forms.
I. Any notice to the Website and/or the production of legal documents to the Website, shall be deemed as delivered, solely when they are received. The Company's mail address for sending registered mail with delivery approval is: Indus Salvage Private Limited., 737-B, 7th Floor, JMD Megapolis, Sector 48, Gurugram, Haryana, 122018 and by E-mail: email@example.com.
II. You agree that all communications and notices from the Website to you shall be sent via e-mail, to the e-mail address that you have provided and such notices shall be deemed immediately delivered and will constitute legal delivery of legal documents.
b. It is hereby clarified that the website may use any information provided by you or collected while you are using the website, for marketing and/or commercial purposes at its sole discretion, without the need for your approval.
c. The website will transfer any information it receives to the competent authority according to applicable law, to the extent required or to the extent any obligation is imposed upon it subject to applicable law.
d. It is clarified that any information you provided shall also be transferred to applicable sellers.
e. You hereby grant the website permission to keep your details in the website's database, for the purpose of the specified use, as listed in Section 5 below.
g. Selecting the “Contact Us” menu which is followed by filling the required customer details (including full name, email and phone number, etc.) in the relevant fields shall enable the website to contact the user directly using the details mentioned above.
h. You acknowledge that for the purpose of operating the website and providing better service, we use third parties that may be exposed to your information, including to your personal data and details regarding specific transactions, inter alia, for the purpose of generating digital sale agreements.
i. It is clarified that the Website will not be held responsible for any damages, loss of profits, damages to reputation, reliance, costs, breach of contract and the like – direct and/or indirect – caused, to the extent caused, to the user and/or to the seller due to disclosure of personal and/or confidential data, due to engagements with credit card companies and/or clearing houses for the purpose of charging payments.
2. Collection of Data
a. The website may add the information provided by you or collected about you to the database it manages in accordance with applicable law.
b. While using the website, we may collect personal information about you as detailed in Section5.b below.
3. Information Security
a. As part of the operation of the website and its services, Indus Salvage implements information security systems and procedures, including the use of secure communications (SSL) for the transmission of sensitive information. The website makes great efforts to protect and secure the information, however, it cannot guarantee with full certainty that the information will be invulnerable and will not be exposed to unauthorized access. By using the website you approve that you are aware of these limitations, agree to use the website, and you will not have any claim against the website if any information about you and/or your activity on the website will be transferred to a third party following an unauthorized access and/or attack on the website's servers and/or security breach and/or technical malfunction.
b. Modern browsers include the option of avoiding cookies. If you do not know how to use such option, check the help file in the browser you are using.
d. Indus Salvage may use remarketing service in order to display targeted ads for users who have already visited the website (once or more). Through the use of remarketing, users may view targeted text ads, image ads, videos, and other media on third party sites, including Facebook social network and Google sites (such as YouTube), the Google Display Network (GDN) and/or as part of other advertising systems including AdWords and/or AdSense and/or parallel programs and tools.
5. Use of the Information
a. Indus Salvage shall use the information collected in accordance with the provisions of this Policy or in accordance with the provisions of any law, for the following purposes:
i. Improving customer service;
ii. Enabling a personalized user experience;
iii. Improving the website or services, for example: we may use users feedback;
iv. Handling disputes;
v. Handling technical problems;
vi. Collection of payments;
vii. In order to allow you to use various services on the website and the service - such as (but not limited to) submitting absentee bids and live offers;
viii. Management of promotional campaigns, surveys, and other website and service options;
ix. Send periodic emails if a user choose to receive such. If a user wishes to unsubscribe, we will add appropriate instructions at the footer of each email of such type;
x. Sending emails or SMS alerts or by any other means of communication which informs of an event related to our services, such as (but not limited to): commencement of a sale, an item soon being placed for sale, a catalog which was uploaded to the website or services, winning an item, a bid which a user placed or changed. A user can choose the type of notifications he wishes to receive;
xi. If you will request to participate in sales houses auctions or direct sales using the Indus Salvage system, the sales houses will be provided with your personal information, your actions history (including bids you places) and information about sales houses that do not wish to work with you.
xii. Display customized advertisements on the website.
b. The information we may collect includes but not limited to:
i. Browser type;
ii. The device you are using;
iii. Operating system type;
iv. Payment ethics history;
v. User account access information;
vi. Browsing habits;
vii. Browsing history;
viii. Products you have searched for;
x. Any action you performed on the Company's website including, but is not limited to, purchases or bids you have placed or agreed to;
xi. IP information;
xii. Phone no., email address, personal address and any other information you provide on the website.