These are the terms and conditions governing your use of the website www.Fotobazar.com (hereinafter referred to as "the Site") and constitutes your binding obligations towards Vidhi Infotech, the owner of the site. Fotobazar may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective immediately after they are posted on the Site and any subsequent use of the site shall be governed by such amended terms. You are advised to regularly check these terms and conditions for any amendments or updates.

 • Membership Eligibility
 • Fees and Services
 • Use of the Site
 • Platform for Communication
 • Breach
 • Bidding and Buying
 • Priority in Bidding
 • Selling
 • Auction Close
 • No Warranty
 • Liability Limit
 • Relationship
 • Arbitration
 • Governing Law

  Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1871 including minors, un-discharged insolvents etc. are not eligible to use the Site.

  Fees and Services

Fotobazar does not charge any fees for the use of Auction Section, including for conducting any sale or purchase transactions on the Section. However, Fotobazar reserve the right to charge such fees at prescribed rates in the future for the use of all or any part of the services offered by it on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and shall bear all applicable taxes, charges, cesses etc. levied thereon.

  Use of the Site

You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
(a) You 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, the Site does not permit transactions in the following: · "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description. · Living creatures of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws, excluding domesticated pets such as dogs, cats, birds, etc. · Weapons of any description · Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances. · Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person. · Pornographic materials, including obscene or morally objectionable materials or literature of any description.

(b) 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 Site. You shall have complete right title and authority to deal in and offer for sale such items, goods or products.Your offer for transacting or transacting in any of the items, goods or products shall not amount to a violation or infringement of any other persons legal rights, including intellectual property rights.

(c) In the event that any transaction or attempted transaction which is violative of these terms and conditions comes to your knowledge, you shall take all steps to inform Fotobazar of the same. You may contact Fotobazar at info@Fotobazar.com

(d) You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchase on the Site.

(e) You shall not engage in any transaction which is prohibited by the provisions of any applicable exchange control laws or regulations for the time being in force

(f) From time to time, you shall be responsible for providing information relating to the items 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 emphasise the attributes of such items so as to mislead other users in any manner.

  Platform for Communication

The Site is only a venue where users may meet and interact with one another for their transactions. Fotobazar is not and cannot be a party to or control in any manner any transaction between two users of the Site. Consequently:
(a) Fotobazar is not responsible for any non-performance or breach of any contract entered into between users.. Fotobazar shall not and is not required to mediate or resolve any dispute or disagreement between users.
(b) Fotobazar does not make any representation or warrantee as to the attributes (such quality, worth, marketability, etc.) of the items proposed to be sold or purchased on the Site. In particular, Fotobazar does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site. Fotobazar accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) Fotobazar does not make any representation or warrantee as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Site and use your best judgment in that behalf.
(d) Fotobazar is not responsible for damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered only for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and conditions of delivery, insurance etc. with the other registered users that you transact with.
(f) You release and indemnify Fotobazar and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Site and specifically waive any claims that you may have in this behalf under any applicable law.Notwithstanding its reasonable efforts in that behalf, Fotobazar cannot control the information provided by other users which is made available on the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

  Breach

Without limiting other remedies, Fotobazar may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide you with access to the Site:
(a) if you breach this Agreement or the documents it incorporates by reference;
(b) if Fotobazar is unable to verify or authenticate any information you provide; or
(c) if it is believed that your actions may cause legal liability for you, other users or Fotobazar.

  Bidding and Buying

All bids on the Site are a firm commitment to purchase. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller. Bids may be increased in price or volume later but may not be withdrawn. Bids cannot be cancelled. By 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 this Agreement or unlawful. In case of consumer goods, sellers on the Site may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.Fotobazar strongly advises you not to test the auction process with false bids, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid credit card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by Fotobazar.In the event of Dual Winners displayed online for a Single Auction, the User who has received the Winning Email will be the rightful Winner; and beyond that there is no liability.Please be aware that even if you do not give Fotobazar your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

  Priority in Bidding

In order to qualify and be identified as a successful bid, the following priority parameters will be followed:

(a) Price: The higher price bids always supercedes the lower price bids;
(b) Quantity: Between bids of the same price, the bid for the higher quantity shall supercede;
(c) Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supercede.Fotobazar's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.

  Selling

As a registered member, you may list item/s for sale on the Site. Listings may only include text descriptions, graphics and pictures you supply to the Site that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category on the Site. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as:

(a) the buyer fails to meet the terms of your listing (such as payment method),
or
(b) you cannot authenticate the buyer's identity. Without limiting any other remedies, Fotobazar may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with our site. Fotobazar reserves the right to postpone or cancel a sale, with no obligation to the intended bidders.

  Auction Close

A Normal auction is considered closed when the Auction End date is reached. Immediately after the auction is closed an email is sent to both parties identifying each other's contact information (phone number if allowed by them when bidding/selling).After 48 hours from auction close the FIRST reminder email is sent to both bidder and seller to indicate whether fulfillment has been completed. On completion they are encouraged to give feedback for which they receive further loyalty points. In case this is not done within the next 48 hours, then the following process begins:
(a) A reminder email is sent - reminder 2.
(b) In case its still not done in the next 24 hours, then another email is sent to both - reminder 3.

  No Warranty

Fotobazar and its suppliers provide the site 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.

  Liability Limit

In no event shall Fotobazar or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the site, its services or this agreement (however arising, including negligence).Fotobazar's liability in any circumstance is limited to the amount of fees, if any, paid by you to Fotobazar. Fotobazar, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently Fotobazar assumes no liability whatsoever for any monetary or other damage suffered by you on account of (i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or (ii) any interruption or errors in the operation of the Site.

  Relationship

None of the provisions of these terms and conditions shall be deemed to constitute a partnership or agency between you and Fotobazar and you shall have no authority to bind Fotobazar in any manner whatsoever.

  Arbitration

If any dispute arises between you and Fotobazar during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Fotobazar.The place of arbitration shall be Gorakhpur ( U.P.). The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceeding. The arbitration proceedings shall be in the English language.

  Governing Law

These terms and conditions shall be governed and construed in accordance with the Laws of India.