END USER LICENSE AGREEMENT


Introduction

This User Agreement guides you the terms on which Equiera provides you the access to use our website, applications, auction analytics, software and tools. You agree to comply with all the terms when you use any products, services, web based tools and website accessing either one or all of them. In this agreement “Equiera”, “we”, “us”, “our” all are used for the same entity i.e. Equiera Solutions Private Limited.

Consent

Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by the End User License Agreement(EULA) , and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

While we may provide pricing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, we have no control over and does not guarantee the existence, quality, safety or legality of items advertised; 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.

Rules to Use Equiera

Equiera’s Platform 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 the Platform. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Platform.

Browsing Website:

User browsing website will be able to see information available on our website. The information must not be used in a way which might harm the image of Equiera against which Equiera may sue the User and ask to pay for the damage. In order to use any information about Equiera, you must take prior permission and written consent from Equiera.

Registration Requirements:

Except where a user registers through a separate written agreement with us, you must do the following in order to register to participate in an auction or sales event as a seller or a buyer:

  • Register on our Site and provide an accurate and verifiable address, telephone number, email address and other requested information;
  • Be a real person, business or legal entity;
  • If you are an individual, be at least 18 years of age and able to enter into a legally binding contract;
  • If you are registering on behalf of a business or legal entity, have authority to enter into a legally binding contract on behalf of that business or legal entity; and
  • Accept this User Agreement and any future amendments to it that we post on our Site from time to time.
General User Restrictions:

Users will comply with applicable laws pertaining to their performance under this User Agreement. Each user certifies not to use the Site or our Services in furtherance of any illegal activity. In particular, users

must NOT:
  • Post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Equiera policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
  • fail to deliver items sold by you, unless you have a valid reason as set out in an Equiera’s policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems (see about our Feedback policies);
  • transfer your Equiera account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Equiera or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Equiera;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Equiera. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Equiera or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
  • commercialize any Equiera application or any information or software associated with such application, except with the prior express permission of Equiera;
  • harvest or otherwise collect information about users without their consent; or
  • Circumvent any technical measures we use to provide the Services.
  • 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 whatever; 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;
  • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  • impersonate another person;
  • 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.
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

Equiera shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Control of Access:

In our sole discretion, we reserve the right to refuse to do business with any party. We may limit, suspend, restrict or terminate our Services, your account, your access to our Site and your activities on our Site with or without notice to you.

Cancel Inactive Accounts:

We may cancel unconfirmed accounts or accounts that have been inactive.

Right to Discontinue Services:

We may also modify or discontinue part or all of our Services at any time.

THE COMPANY RESERVES THE RIGHT TO MODIFY, ADD TO, DELETE FROM OR OUTRIGHT CHANGE ITS SCHEME OR POLICIES AS IT DEEMS FIT. ALTHOUGH THE COMPANY ACCEPTS NO OBLIGATION TO NOTIFY SUCH CHANGES IN ADVANCE, BUT MAY AT ITS OWN DISCRETION UNDERTAKE LEGALLY NON-BINDING AND ETHICAL RESPONSIBILITY TO NOTIFY SUCH CHANGES.

Amendments

We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Sites. This Agreement may not otherwise be amended except in a writing signed by you and Invaluable. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.

Additional Agreements

The Services include, among other things, such services as: contacting or placing bids with Equiera by email or through a live bidding console; searching and accessing past and upcoming auction records including, when available, object photos and estimated and realized prices; Together with this Agreement, such Additional Agreements will govern your use of those Services or any other services made available by us to you. We reserve the right, exercisable at our discretion, to change or discontinue without prior notice some or all of the Services we provide from time to time at the Sites, or change the applicable terms and conditions for your use of such Services as set forth in the Additional Agreements.

Confidentiality of Your Account

Your Account is identified by your chosen user ID/name and you are the only party authorized to use your User ID/Name. You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at our contact no or email Id available at our website. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.

Auctions/Releases

We are not involved in actual transactions between buying and selling user parties of the Sites or any "External Sites" (whether such users are appraisers, art or antiques dealers, trade members, curators, educators, antiques professionals, collectors or other third parties affiliated with Invaluable). We have no control over the quality or legality of the items displayed on our Sites or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Sites. In the event that you have a dispute with any parties arising out of your use of the Sites you hereby release Equiera from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Timed Auction Participation:

We are an auction portal and are conducting the online and timed auctions. Our service allows you to participate in online and timed auctions and we reserve the right in our sole discretion to change some or all of our services at any time.

Control:

We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Sellers to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a transaction.

Release:

As we are not involved in the actual transaction between buyers and Sellers, in the event that you have a dispute, you release Equiera (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Fees:

Equiera would be charging EMD to conduct any auction irrespective of the scenario whether actual transaction takes place or not post auctions. We would also bill for other services and software which we are providing other than Auction platform. Equiera does not charge any fee for browsing t reserves the right to change its Fee Policy from time to time.

Failure of Auction:

Equiera may block, suspend, close or cancel Auctions if the Equiera’s computer system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the Auction. Where an Auction cannot be restored, the sole remedy available to the Customer shall be the reimbursement of any fees paid when making bids on the Auction. In addition to the Terms and Conditions herein, Equiera shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the following:

  • Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website Provider;
  • Interference by computer virus, corrupted data, malfunctions
  • Failure or delay due to causes beyond the control of the Equiera including causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
  • Any inaccuracies, errors, defects of any content of this Website or other website linked to this Website;
  • Any operation malfunctions or defects of the Customer’s computer terminal, systems or software used in accessing the Website;
Default:

If suppliers in case of Reverse auction or buyer in case of forward auction defaults, account can be suspended for few transaction and respective buyers and sellers will be notified about the behavior.

Cancellation:

Listing Conditions

When listing an item, you agree to comply with Equiera rules for listing and Selling Practices policy and that:

  • You are responsible for the accuracy and content of the listing and item offered.
  • Your listing may not be immediately searchable by keyword or category for several hours. We can't guarantee exact listing durations.
  • Content that violates any of Equiera’s policies may be modified, obfuscated or deleted at Equiera's discretion.
  • We may revise data in the Equiera’s product catalog to supplement, remove, or correct information; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

  • buyer's location, search query, browsing site, and history;
  • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, Equiera’s policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query.
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer
  • Some advanced listing upgrades will only be visible on certain Services.
  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.

Purchase Conditions

When buying an item, you agree to the rules for buyers and that:
  • You are responsible for reading the full item listing before making a bid or commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted
  • We do not transfer legal ownership of items from the seller to the buyer.

The Price will not be the only criteria to select a seller in case of reverse auction and buyer in case of Forward auction

Limitation of Warranty

Our Services: We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or our Site. Bid or order update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement

Unless expressly stated in writing in a Listing, if you purchase Assets or place bids on or orders of Assets, then you agree to accept such Assets AS IS, WHERE IS and WITH ALL FAULTS. Unless expressly stated in writing in the listing, we and our sellers disclaim all warranties, express and implied, with respect to the assets, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the assets are free from latent defects. You waive any and all claims against us and the seller for damages, losses, costs, injuries, penalties, expenses, attorneys' fees and liabilities of whatever nature whether in tort, contract, warranty or strict liability (collectively, "specified claims"). Under no circumstances are we responsible for special, indirect, incidental or consequential damages to you or any other party. You agree to indemnify, defend and hold us and, except to the extent a seller has provided an express warranty in the listing, the seller harmless from and against any and all specified claims. Unless otherwise stated in a listing, photographs, video, and written descriptions are not intended as representations, but are provided solely to aid you in determining which listings you wish to physically inspect.

We do not warrant that the live or timed auction service will be uninterrupted or error free, information regarding current price will be transmitted in a timely fashion.

Limitation of Liability

To the extent permitted by applicable law, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys' fees, intangible losses or any special, indirect, incidental or consequential damages) resulting directly or indirectly from:

  • Your use of or your inability to use our Services;
  • Pricing, shipping or other guidance provided by us;
  • Delays or disruptions in our Services;
  • Viruses or other malicious software obtained by accessing, or linking to, our Services;
  • Glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • Damage to your hardware device or other computer systems or software from the use of any of our Services;
  • A suspension or other action taken with respect to your account or alleged breach of this User Agreement;
  • The duration or manner in which your Listings appear in search results;
  • Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our Services; or
  • Your inability to import or export Assets, or fines or costs incurred related to import or export of Assets

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

To the extent allowable by applicable law, Equiera and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if Equiera has been advised of the possibility of such damages), however caused, whether in contract, tort, or otherwise, arising out of or resulting from: (i) the use or the inability to use or website, our software, or our other tool and materials; (ii) the cost of procurement of substitute goods and services arising out of your use or inability to use any of our software, our materials or services purchased or obtained during transactions conducted on our website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, messages, or conduct of any third party on our website; or (v) any other matter relating to an our website or our materials. Notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by Equiera and in case of our statutory liability for personal injury and defective products.

Information You Provide to Us.

Your Information: The term "Your Information" means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any Services, or in email correspondence with us, (ii) any information or materials you provide to other users of the Sites in connection with your use of any Services, or in any public message board or chat room area, (iii) any information or materials you provide to us, appraisers, art or antiques dealers, trade members, curators, educators, antiques professionals, collectors or other third parties affiliated with Equiera in connection with your use of any Services, and (iv) any search terms or other instructions that you transmit to our servers through a web browser. Please note that the information and materials belonging to Your Information may include without limitation textual information, graphic images, photographs, and audio-visual materials.

Covenant Regarding Your Information: You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) will not be defamatory, trade libelous, unlawfully threatening , unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, (vi) will not create any liability for Invaluable or cause Invaluable to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, (vii) will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links, and (vii) will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity.

Updated Information: If you are a registered user of the Sites, you agree to promptly update your account registration information in order to keep it current, complete, and accurate.

Limited License: To enable us to use Your Information, so that we are not violating any rights you might have in Your Information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or hereafter existing, with respect to Your Information.

Indemnity

You will defend, indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or our Site or your breach of any law or the rights of a third party.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us and in compliance with this Agreement, do not and will not infringe any Intellectual Property Rights of any third party.

All parties registered or unregistered using Equiera, its services or platform in anyway indemnifies Equiera from all responsibilities, legalities in case buyer, supplier or any other third party defaults in any way.

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 products and services and after sales services related to products and services. Equiera does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

Equiera is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Equiera shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. Equiera 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 the Buyer.

APPLICABLE LAW

Indian Contract Law, IT laws will govern this TOU without giving effect to any principles of conflicts of laws. The place of arbitration is Cuttack High court, Odisha, India.

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 Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies, GST) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products 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.

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Equiera’s Website and other platforms.

For any grievances contact Support@equiera.com.

INTELLECTUAL PROPERTY

As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

All content on this Site, including without limitation any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, including, without limitation, the names and designs of Equiera.com, and all right therein, is owned exclusively by Equiera Solutions Private limited. All rights are hereby reserved. Without limiting the foregoing, no content on this Site may be copied, reproduced, duplicated, published, or sold, re-sold, transferred, distributed, or exploited in any form or by any means whatsoever without the prior express written permission of Equiera or the appropriate licensor or supplier. Without limiting the foregoing, neither this Site nor the Services, nor any content or Services on or available on or through this Site, shall be reproduced, duplicated, copied, sold, re-sold, transferred, distributed, or exploited for any commercial purpose.

Disclaimer of Third Party Content

While we may provide links to third party sites and services on our Site, they are provided to you solely for informational purposes. You agree that we are not responsible or liable for:

  • the availability or accuracy of such sites, services or resources,
  • the content, advertising or products on or available from such sites or resources,
  • the privacy policies and data collection, use or retention practices of such sites.

The inclusion of any link on our Site does not imply that we endorse the linked site. You use such links solely at your own risk.

INTERNATIONAL TRADE POLICY

The Platform may facilitate international trades but the responsibilities and legalities and disputes needs to be handled between the buyer and the seller. Equiera does not hold any responsibility to ascertaining to any form of documentation, legalities and transportation of goods and transaction between the two parties.

PRIVACY AND DATA PROTECTION

Once you register at Equiera Web platform with Personal Data or business data, you expressly agree that we may collect, use, store and otherwise process Your Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.

You are responsible for and agree to provide us with complete, true, and current information, including Personal and Business Data, and to keep Your Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, you may request information about Your Data stored with us, or the correction (in case the relevant Website is not allowing you to correct or update your information), or deletion of Your Data by contacting us. Please note that if you request the deletion of your account or Data, You might not be able to further access and use our platform and your User Content.

You are solely responsible with regard to usage and security of your password and any activities that occur under your account. You shall not use the account of anyone else at any time. You understand and agree that Equiera collects, uses, stores and otherwise process your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing our platform subject to Equiera’s Privacy Statement. You agree to comply with the terms of our privacy statement, when you use our platform.

PAYMENT

Currency of Payment: Unless specified for particular Assets, you will paying to us in Indian Currency i.e. INR. Where another currency has been identified in the Listing, you will pay using the stated currency.

Forms of Payment: Unless otherwise specified in a Listing or on a marketplace on our Site, acceptable forms of payment include IMPS/NEFT/RTGS Transaction at the bank account mentioned at our website. When another form of payment is mentioned, payment can be made by that medium

Miscellaneous

Severability: If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.

Assignability: In our sole discretion, we may assign this User Agreement or EULA. Users may not assign this User Agreement or their account without our prior written consent.

Waiver: The failure of Equiera to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. To the extent that any provision in this EULA shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this EULA as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.

Force Majeure: Neither party to this EULA will be liable for any delay or failure to comply with its obligations under this User Agreement if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of this User Agreement to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term "force majeure event" will mean an event beyond the control of either party that prevents one party from complying with any obligations under this User Agreement, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, or similar events beyond the reasonable control of a party.

Records The User's Responsibility: We do not guarantee the preservation or maintenance of records relating to any buyer or seller transactions or the Services. We encourage you to keep individual records and an accounting of all activity conducted through our Site.

Third Party Rights: A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.

Service Provider: You acknowledge that we are entitled to subcontract any of our contractual obligations related to the provision of Services described herein to third parties selected by us, including, without limitation, Associated Auctioneers.

Survival: The following Sections survive any termination of this User Agreement: Content, Liquidated Damages for Failure to Pay, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Defense and Indemnity, Disputes Among Users and Legal Disputes.

Refund Policy: Equiera is not liable to refund any EMD amount except in the case Equiera fails to organize a tender because of any issue. Equiera is not liable to refund any money in case any software or services are bought from us in part of full.

General Terms & Conditions Governing User Relationship

All users registered on the equiera.com platform shall have to agree and comply with the general end user license agreement. Users are therefore advised to read and understand the aforementioned terms and conditions before agreeing.

Equiera Solutions Pvt. Ltd. further classifies the end users into the following catagories depending upon the nature of their relation to the company and the nature of their transactions on the platform.

  • Referer
  • Buyer
  • Seller

Referer:

A referer shall be defined as an individual or business/legal entity that refers/recommends the services of the company and its portal to other prospective users, and thus may expect commission/compensation/service credit from the company towards the recognition of such efforts. The company however reserves the right to modify, add to, delete from or outright cancel its referal scheme as it deems fit. Although the company accepts no obligation to notify such changes in advance, but may at its own discretion undertake legally non-binding and ethical responsibility to notify such changes. The company shall however be obliged to its compenation/commision/service credit commitments accrued to the referer during the period where the particular referal scheme was in force.

To further govern the nature of relationship and to comply with statutory requirements, the catagory of Refers is further classified into the following sub-catagories.

  • Introducer
  • Business Referer
  • Affiliate

Introducer:

An introducer shall be defined as an individual that introduces/refers/recommends the company, its services and its portal to any prospective user. This catagory of referer doesnot have to furnish any GST or other tax registration number. The company at its own discretion may provide a reward/gift to the introducer for such efforts, in the event that such an effort results in an outcome deemed qualifying under the referal scheme prevelant at the time of such activity.

An introducer may introduce/refer/recommend the company, its services and its portal to any number of prospective users, but the reward shall be onetime and against only one favourable/positive outcome.

Further, the introducer should not be an employee at Equiera Solutions Pvt. Ltd. or an employee at the introduced prospective user or have any such relationship with the introduced prospective user which may result in a conflict of interest situation, during the time of such activity.

The reward/gift confered by the company in recognisation of favourable actions, shall not be transferable.

Business Referer:

A business referer shall be defined as a business entity, proprietorship, partnership, limited liability partnership, or a company limited by shares, which has registered on the platform for its own commercial activities, but may refer the company, its services and its portal to other prospective users. The primary function of a business referer, which in essence is a business user in the company’s perspective, shall be its own commercial activities. The referals and recommendations made by any business user hence shall be secondary and over and beyond their own actual purpose. The company may at its own discretion may choose to reward in recognition of such activities in the form of credits in accordance with the referal scheme prevelant at the time.

The credit shall be available for the business users towards adjustments in the future purchase of services from Equiera Solutions Pvt. Ltd. The referal credits shall not be transferable.

Affiliate:

An affiliate shall be defined as an individual, or a business entity (proprietorship, partnership, limited liability partnership, or a company limited in shares) which has registered on the portal for the express purpose of promoting the company’s sales & marketing. The company shall be required to compensate such promotional activities by the registered affiliates. The company however reserves the right to modify, add to and delete from the affliates compensation scheme section in the referal scheme. The company also reserves the right to out rightly stop any such affiliate program at its own discretion. Any referal/recommendation from an affiliate that generates a favourable outcome as defined in the scheme prevelant at the time, shall be considered as a service rendered by the affiliate to Equiera Solutions Pvt. Ltd. and thus, Equiera shall be obligated to pay service charges in accordance to the scheme prevelant at the time. All affiliates shall have to furnish their respective GST numbers or any other service tax registration number as may be required at the time during registration on the platform. Equiera shall process all withdraw requests of accrued service charges within a maximum of 15 working days from the date of such request.

Buyer/Seller:

Any registered business user on the equiera.com platform that engages in a commercial activity where the said business user ends up buying a product or service, shall be classified as the buyer with respect to the said commercial transaction. Similarly, if the business user is selling any goods or services, the user shall be classified as seller with respect to the said transaction. Equiera’s portal doesnot classify or require its prospective users to specify the purpose during the registration. Thus, a business user may be a buyer or a seller with respect to the then ongoing transaction, depending upon whether the user is buying or selling goods and services.

General Terms & Conditions Governing Buying & Selling Activities

Equiera’s Role:

Equiera Solutions Pvt. Ltd. with its portal equiera.com, aims to play the role of a facilitator and host of online tenders, auctions, advertisement of products and business directory of B2B products and services. ESPL (Equiera Solutions Pvt. Ltd.) shall not be a party to any transactions.

Equiera’s Service:

Equiera offers the following services through its online portal and platform and offline consultancy team:

  • Business Consultancy
  • Hosting Online Tenders and Auctions (Forward & Reverse Auctions)
  • ERP, CRM & Accounting solutions as Business Support Solution in the form of Platform as a service (PaaS)
  • Online Business Directory Service

Equiera will charge service charges against the purchase of any aforementioned services. Equiera does not own any good and doesnot provide any service other than the ones mentioned above but listed on the portal. Buyers of such goods and services will have to execute purchase agreements with the supplier of such goods and services and execute transactions with the said suppliers, and such agreement and transaction shall not include Equiera Solutions Pvt. Ltd. as a party in any scenario.

Procurement Terms:

A Business user in all their transactions on the portal shall have to procure the service of the portal, and as such, such procurement shall be termed as “Procurement of Equiera Services”. Buyers (refer defination of buyers) shall in addition of “Procurement of Equiera Services” if applicable shall be procureing goods and services from other sellers listed on the portal. Such procurements shall constitute “Procurement of Listed Services and Goods”.

Terms governing Procurement of Equiera Services

Procurer:

Any business user procuring or purchasing any service from Equiera Solutions Pvt. Ltd. shall be termed as a Procurer. The Procurer in question may have procured or purchased a service from Equiera Solutions Pvt. Ltd. that would result in a transaction, in which the procurer may end up as a buyer or seller. The distinction of procurer, in addition for ESPL to track its services sale, is also to clarify who has initiated the tendering and online auction process. The initiator of the tendering or auction process, immaterial to the fact that the initiator is a buyer or a seller, shall be considered as procurer of the said tender and auction hosting service and therefore shall be charged with the respective service charges.

Service Charges:

The service charges for the ESPL services are as follows:

  • Business Support Solution PaaS: Inclusive of ERP, CRM and Accounting Solution Packages shall be on annual subscription basis. The subscription fee has been included in the Business Support Solution description page in the website.
  • Business Consultancy: The business consultancy services pricing depends on various factors. The pricing are therefore based on the consultancy project scope, and therefore shall be offered offline after detailed understanding of client requirements.
  • Online tender and auctions hosting: The service charges of hosting tenders and auctions are floating in nature and is calculated as a set percentage of the total transaction value. The service charges for online tender and reverse auction combination (required in event for buyer initiated procurement process) is 1.5% of total invoice value after purchase agreement between buyer and seller. The service charges for online forward auction (in event for seller initiated B2B bulk selling process) shall be 1.5% of the total invoice value of all transactions that resulted from the auction process. Equiera reserves the right to modify the service charges percentages at its own discretion and will inform to all business users in advance of such changes.

Earnest Money Deposit:

The provision of Earnest money deposit is applicable only in cases of procurement of tendering and acution hosting services. The Earnest Money Deposit is 50% of service charges applicable. Considering that the service charges for the tender and auction hosting are floating in nature and depends on the outcome of the entire auction process, a provision of “Presumptive Service Charge” is hereby instituted for calculation of EMD which is paid in advance of starting such process. The Presumptive Service Charge is calculated in the same way to that of the actual service charge but taking the baseline prices or budgetary estimates of the goods and services in place of actual auction outcome. The EMD shall be 50% of the “Presumptive Service Charge”.

The EMD is refundable in nature and shall be adjusted against the actual service charge during the payment process. The EMD shall be refunded in full in cases where the tender & auction process was cancelled by ESPL for any reason attributed to ESPL or in the event that the tender & auction process was not possible for lack of buyers (in case of forward auction) or sellers (incase of reverse auction). In all other cases where the tender & auction process was cancelled for any reason whatsoever, attributed to the procurer of the tender & auction hosting services, the procurer shall forfiet the entire EMD amount. ESPL at its own discretion may on case to case basis decide to refund the EMD to the procurer, in part or in full, even if the the said tender & auction process was cancelled for reasons attributed to the procurer, however ESPL bears no obligation, legal or otherwise, to do so.

Payment Terms:

The payment terms for business consultancy services and business support solution PaaS shall be decided offline as per the purchase agreement arrived between the procurer and ESPL.

For Tendering & Auction hosting services, the procurer of such services have to deposit the applicable EMD in advance so as to initiate the process. The tendering & auction process shall in case be initiated without the EMD deposit. ESPL however reserves the right to at its own discretion make exceptions to this clause for procurers on case to case basis but does not bear any obligation, legal or otherwise to make such exceptions.

All payments by users shall be made within a maximum period of 15 days from the date of the invoice raised. ESPL reserves the right to take necessary actions but not limited to denial of service, suspension of accounts, in the events of non-compliance to the aforementioned payment terms. All Payments shall be in online NEFT/RTGS or through cheques & DDs.

Provision of Discounts:

Equiera Solutions Pvt. Ltd. reserves the rights to offer discounts on services provided by Equiera, decided on case to case basis at its own discretion.

Adjustment of Service Credits:

Any business user (buyer or seller) under the company’s referal policy, may become a business referer. Thus any service credit earned by the said business user, under the referal policy prevelant at the time, shall be adjusted in future procurements of Equiera Services only. Equiera doesnot own any goods and services listed on the website other than the ones mentioned under services provided by Equiera. The service credits accrued shall not be lapsed under and circumstances and are an obligation of the company to settle. The said accumulated credits can be adjusted in purchase of any Equiera service both online and offline.

Terms & Conditions Governing Procurement of Listed Services & Goods

Buyer: Subsequent to the aforementioned defination of a buyer, a buyer for a commercial transaction is a registered business user that purchases goods or services.

Seller: Subsequent to the already established defination, a seller for a commercial transaction is a registered business user that sells goods and services.

Purchase Agreement: A purchase Agreement is a technically and commercially appropriate agreement that was mutually agreed upon and entered into in good faith by the buyer(s) and seller(s). Equiera Solutions Pvt. Ltd. shall not be a party to such an agreement and can neither interfere into the arrangement nor indemnify any of the party(ies). The Purchase Agreement should ideally result in a Purchase Order placed on the seller by a buyer and in an acceptance by the seller to the buyer. All transactions between the buyer and seller shall be in accordance to the the agreed upon purchase agreement and any dispute between the parties shall be resolved by them under mutual discussion and other available remedies as deemed necessary and appropriate by the parties.

Provision of System Intervention

As stated before, Equiera Solutions Pvt. Ltd. shall not be a party to any purchase agreements executed and entered into by the buyers and sellers registered on the platform, and shall can not intervene in cases of disputes. ESPL aims to create a virtual marketplace for all sorts of sellers and buyers in B2B sector, and let the individual members regulate the relationships and conduct. However, with the objective of promoting market confidence and discouraging wrongful conduct, ESPL reserves the right to suspend user accounts, publish warnings and inform prospective buyers and sellers the existence of past complaints against a particular business user.

Contact Us

eQuiera Solutions Private Limited,
      Jagamara,  PO.Khandagiri,
      Bhubaneswer-751030

+91 70770 02333, +91 7008003983

support@equiera.com

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