Terms and Conditions
Welcome to Aayushmaantraders.com!
These Terms and Conditions outline the rules and regulations for the use of the website
www.aayushmaantraders.com (hereinafter referred to as “the Website”), owned by
Aayushmaan Traders (hereinafter referred to as “us”).
By accessing this website, you accept the terms and conditions. Do NOT continue to use the
website if you do not agree to all of the terms and conditions stated further on this page.
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 the
Website by providing Registration Data while registering on the Website as Registered 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.
As a Registered User, this User Agreement shall be effective and binding upon your
‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’
besides “I Agree to the Terms & Conditions” and on the “Complete Registration” 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 Aayushmaan Traders Rules and Policies , please do
not click on the “check box ” and on the ”Complete Registration” button and do not seek to
obtain access to or otherwise use the Website.
While we may help facilitate the resolution of disputes, Aayushmaan Traders has no control
over and does not guarantee the existence, quality, safety or legality of items listed; the truth
or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of
buyers to pay for items; or that a buyer or seller will actually complete a transaction or return
an item.
1. Membership Eligibility
Use of website is available to those who are/is registered with the website as a Member and
be capable of forming legally binding relations under applicable law. Sellers must be the
rightful owners or authorized by the owners of such property, a court of law, or through
power of attorney to sell an item. Sellers must produce evidence of ownership and/or
authorization to sell an item upon request of the company or a Buyer.
• Business entity registration: If you are registering as a business entity, you represent
that you are duly authorized by the business entity to accept this User Agreement and you
have the authority to bind that business entity to this User Agreement and are in compliance
of all applicable laws.
2. 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. You agree, inter alia, to: 1. Provide true,
accurate, current and complete information about yourself as prompted by the registration
form 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. In any event, including if
you provide any information that is untrue, inaccurate, not current or incomplete or
Aayushmaan Traders has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, or not in accordance with the User Agreement,
Aayushmaan Traders has at its sole, absolute and exclusive discretion, 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. We are under no obligation to provide you
with any reasons for any suspension, termination, refusal or blocking of access of your
membership with the Website.
Non-payment: Aayushmaan Traders 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 Aayushmaan Traders.
We also reserves the right to take legal action in case of non-payment of fees by you to us.
Aayushmaan Traders at its sole discretion reserves the right to collect or recover or settle any
or all fees due and payable by you to Aayushmaan Traders under your one or more accounts
by deducting the amount owed from any of your account/s balance or by other collection
mechanism including, without limitation, by charging the other payment methods on file with
us, retaining collection agencies and legal counsel, and instructing our payment partner to
deduct the amount owed from your account with the payment partner.
3. Use of the Website
3.1. You understand and agree that 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 are third party user
generated contents. Aayushmaan Traders has no control over the third party user generated
contents.
3.2. You agree, undertake and confirm that your use of the Website shall be strictly governed
by the following binding principles:
1. “Your Information” is defined as any information you provide to us in the registration (as
Registered User), bidding, buying or listing process, in the feedback area or through any email 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.
2. 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:
(a) belongs to another person and to which You do not have any right to;
(b) 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 whatsoever; 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 or any other law;
(c) harm minors in any way;
(d)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;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature or is
fraudulent or a malpractice or restrictive trade practice in anyway;
(g) impersonate another person;
(h) 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;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, 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.
(j) shall not be false, inaccurate or misleading;
(k) 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, Aayushmaan Traders does not permit transactions
outside of the categories that Aayushmaan Traders has provided.
(l) 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
(m) 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;
• 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.
3. Solely to enable Aayushmaan Traders 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. Aayushmaan Traders will only use Your Information in
accordance with the User Agreement and Privacy Policy.
4. 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.
5. 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 Aayushmaan Traders of the same. If you are a
Registered User, you may contact Aayushmaan Traders at
www.aayushmaantraders.com/contact-us
6. 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 the Website through
shell bidding or otherwise.
7. You shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as amended from
time to time and also 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 GST, Sales Tax/ VAT, Income Tax, 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 the 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. You shall also ensure that you
shall not use the Website for dealing in securities in anyway, and that you shall be solely
responsible for dealing in securities strictly in accordance with applicable laws.
8. 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
item-specifics of such items or services so as to mislead other Users in any manner.
9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process
or Fees owed to Aayushmaan Traders in anyway, including direct sales or contacting the
Potential/Existing buyer(s) and transacting directly without using the website. If found so, the
seller shall be removed/terminated from the website without any information/intimation.
4. 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 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. Our current Privacy Policy is available
at http://www.Aayushmaan Traders.com/cms/privacy-policy/. If you object to your
Information being transferred or used in this way please do not use the Website.
5. Breach
Without limiting other remedies, Aayushmaan Traders may limit your activity, immediately
remove your information or bids, or end your listing, warn other Users of your actions,
immediately temporarily/ indefinitely suspend or terminate or block your membership, and/or
refuse to provide you with access to the Website in the event, but not limited to:
1. If you breach the User Agreement or Privacy Policy or the documents, agreements, rules,
policies, terms and conditions these incorporated herein by reference;
2. If Aayushmaan Traders is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or to us.
Aayushmaan Traders may at any time at its sole discretion reinstate suspended Users. A User
that has been suspended or blocked may not register or attempt to register with
www.aayushmaantraders.com or use the Website in any manner whatsoever until such time
that such User is reinstated by Aayushmaan Traders.
Notwithstanding the foregoing, if you breach the User Agreement or the documents it
incorporates by reference, we reserves the right to recover any amounts due and owing by
you to us 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.
6. Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy 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 relation to price or volume, but may not be
withdrawn. Purchases/Bids cannot be concealed. 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.
Aayushmaan Traders strongly advises you not to test the Website 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 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. Wilfully entering
erroneous or fictitious bids may result in prosecution by Aayushmaan Traders.
7. Feedback
We encourage Registered buyers and sellers on the Website to provide feedback 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, if applicable, 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 user ID.
Aayushmaan Traders will not be responsible for the feedback that you post on the 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, Aayushmaan Traders reserves the right to suspend your membership, and
you will be unable to list, buy or bid on the Website.
This feature/facility will be shortly available to all registered buyer and sellers.
8. Content
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for
the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any
and all copyright, trademark, publicity, database rights and other intellectual property rights
you have in or to the content, in any media known now or developed in the future. Further, to
the fullest extent permitted under applicable law, you waive your moral rights in the content
and promise not to assert such rights or any other intellectual property or publicity rights
against us, our sub-licensees, or assignees.
9. Authorization to Contact You; Recording Calls
You consent to receive auto dialed or pre-recorded calls and text messages from Aayushmaan
Traders at any telephone number that you have provided us or that we have otherwise
obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii)
troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll
your opinions through surveys or questionnaires; (vi) contact you with offers and promotions;
or (vii) as otherwise necessary to service your account or enforce this User Agreement, our
policies, applicable law, or any other agreement we may have with you. Standard telephone
minute and text charges may apply.
Aayushmaan Traders may share your telephone numbers and other personal data or
information with our service providers (such as Logistic Service Providers, billing or
collections companies) who we have contracted with to assist us in pursuing our rights or
performing our obligations under this User Agreement, our policies, applicable law, or any
other agreement we may have with you. You agree these service providers may also contact
you using auto dialed or pre recorded calls and text messages, only as authorized by us to
carry out the purposes we have identified above, and not for their own purposes.
Aayushmaan Tarders may, without further notice or warning and in its discretion, monitor or
record telephone conversations you or anyone acting on your behalf has with Aayushmaan
Traders or its agents for quality control and training purposes or for its own protection.
10. Privacy of Others; Marketing
If Aayushmaan Traders provides you with information about another user, you agree that you
will use the information only for the purposes it is provided to you. You may not disclose,
sell, rent, or distribute a user’s information to a third party for purposes unrelated to the
Services. Additionally, you may not use information for marketing purposes, via electronic or
other means, unless you obtain the consent of the specific user to do so.
11. No Warranty
Aayushmaan Traders 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 is at your
own risk.
12. Limitation of Liability
In no event shall Aayushmaan Traders or its suppliers, affiliates and service providers 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 arising out of or in connection with the Website, its services or this
agreement (however arising, including negligence).
Aayushmaan Traders’s liability in any circumstance is limited to the amount of fees, if any,
paid by you to us for the specified or relevant period. Aayushmaan Traders, 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 will be error free and/or uninterrupted.
Consequently, Aayushmaan Traders 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; and/or power outage/server failure.
2. Any interruption or errors in the operation of the Website. You expressly understand and
agree that Aayushmaan Traders 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 Aayushmaan Traders has been
advised of the possibility of such damages).
13. Indemnity
You shall indemnify and hold harmless Aayushmaan Traders and (as applicable) 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, Aayushmaan
Traders Rules and Policies or the documents they incorporate by reference, or your violation
of any law, rules or regulations or the rights of a third party.
14. Release
If you have a dispute with one or more users, you release us (and our affiliates and
subsidiaries, and our and their respective officers, directors, employees and agents) from
claims, demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes. In entering into this
release, you expressly waive any protections (whether statutory or otherwise) that would
otherwise limit the coverage of this release to include only those claims, which you may
know or suspect to exist in your favour at the time of agreeing to this release.
15. General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or
agency between you and Aayushmaan Traders and you shall have no authority to bind
Aayushmaan Traders in any manner whatsoever.
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. This Agreement sets forth the
entire understanding and agreement between You and Aayushmaan Traders with respect to
the subject matter hereof.
In Aayushmaan Traders sole discretion, Aayushmaan Traders may transfer its rights and
obligations (also known as “assign”) under this Agreement without your prior express
consent, provided that Aayushmaan Traders assigns the Agreement on the same terms or
terms that are no less advantageous to You.
16. Arbitration
If any dispute arises between you and Aayushmaan Traders during your use of the Website or
thereafter, in connection with the validity, interpretation, implementation or alleged breach of
any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who
shall be an independent and neutral third party identified by Aayushmaan Traders. The place
of arbitration shall be Meerut, Subject to Meerut jurisdiction. The Arbitration & Conciliation
Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in
the English language.
17. Governing Law
The User Agreement 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.