Last Updated: Aug 20, 2020

Please read these Price Offer Terms and Conditions (“Bidder Offer Terms”) carefully. By checking the box indicating you accept these Bidder Terms or by using the Services (defined below) to participate in any third-party Bid made available via the Services (“Bid”), you agree to be legally bound by these Bidder Terms and all terms incorporated by reference. If you do not agree to these Bidder Terms, you may not use the Services to participate in any Auction.

fasaltrade.com and our affiliated companies. collectively may make Bid Process available to you (“you” or “Bidder User”) via www.fasaltrade.com (the “Services”). Your use of the Services to participate in any Bid Process provided by a third-party auctioneer (“Auctioneer”) are governed by these Bidder Terms in addition to our Website Terms and Conditions, which are incorporated herein by reference. Please note that additional terms and conditions established by an Auctioneer (“Auctioneer Terms”) may apply to your use of the Auctioneer’s website or your purchase of any items in connection with an Auction.

Summary of our Services

• Our Services provide a venue that allows Bidders to provide online Bid content. The Services allow you to view such online bid content and/or participate in Bid sales, but we are not Bidder. Therefore, we are not a party to the contract for sale and purchase entered into between you and Bidders.
• We are not in control of the information made available by Auctioneers which you access via the Services. We cannot therefore make any representations, warranties or guarantees in connection with what the Bidders may offer for sale through the Services.
• We do not charge you for your use of the Services (however there are some services which you may wish to sign up to that require a service charges and which may be subject to additional terms and conditions). We are paid by Bidders to provide the Services to potential bidders.

Please contact us at through contact us form with any questions regarding these Bidder Terms.

1. Entities; Amendments; Privacy Policy

1.1If you are using the Services on behalf of a company, partnership, sole proprietorship, limited liability partnership or any other person or entity (each, an "Entity"), you represent and that you have authority to (i) act on behalf of the Entity; (ii) bind the Entity to these Bidder Terms; and (iii) bind the Entity to any contract or arrangement entered into as a result of your use of the Services (including any agreement entered into with an bidders). You acknowledge and agree that such Entity will be responsible for your violation of these Bidder Terms. You further agree that where you do not have the authority to act on behalf of the Entity and bind the Entity in accordance with (i) to (iii), above, you will remain personally liable to Fasaltrade for any claims arising from or relating to these Bidder Terms and any agreement you enter into with an bidding via the Services.

1.2Fasaltrade reserves the right to amend these Bidder Terms at any time, in its sole discretion, by providing notice to you of any amended Bidder Terms. Notification of any amendments shall be effected by posting the amended Bidder Terms via the Services and updating the “Last Updated” date above. In some cases, The amended Bidder Terms will apply prospectively to any access or use of the Services following the posting of such amended Bidder Terms via the Services. Your continued use of the Services following the posting of any amended Bidder Terms will confirm your acceptance of such terms.

1.3Please read our Privacy Policy for more information about how we collect, use and share your information.

2. Services provided by Fasaltrade to Bidder Users

2.1Subject to the Bidder User's compliance with its obligations under these Bidder Terms, Fasaltrade may provide some or all of the following services from time to time to the Bidder User:

• 2.1.1Access to and participation in “ Online Timebound Auction”. A “ Online timebound Auction” is an automated Bid, which is administered automatically via the Services in accordance with parameters established by an bidder and without the Bidder calling the bids. Online timebound Auctions can take place via the Services and the Bidder will organise the sale (such organisation includes (but is not limited to) the Bidder describing and cataloguing the lots/crops, posting the lots/crops on the Services and dealing with post sale matters). Online timebound Auction bids are placed over a defined time period (“Bidding Period”). Bidder Users/seller/farmer can view the highest current bid. The highest bid, (being the greatest bid that meets or is in excess of any reserve bid), at the end of the Bidding Period is successful. A Online timefound Auction:
• (a)will either be open to all registered Bidder Users who have registered and been approved by Fasaltrade and/or the bidder in accordance with Section 3.2 or restricted to a defined group of Bidder Users according to the bidder's chosen criteria; and
• (b)here where Bidder Users cannot see the bids placed by other Bidder Users.
• 2.1.2Access to and participation in "Online Live Auction”. Online Live Auction are innovative technology for sales conducted by an bidders that take place at web platform with time limit on define date & time in prsence of seller . A “Online Live Auction” is an Auction that allows the Bidder User to participate through prior confirmation for particular item/crop ,the intrested bidders receive link prior to participate and Access to Online Live Auction is only open to Bidder Users who have registered and been approved in accordance with Section 3.2 below, The highest bid by buyer will have right to buy the crop
• 2.2Fasaltrade reserves the right to change, modify or remove all or a portion of the Services at any time (with or without notice to the Bidder User) and without reason.
• 2.3fasaltrade may terminate, restrict and/or refuse the Bidder User's use of the Services and/or remove or alter any content at any time and for any reason.

3. Responsibilities of the Bidder User

• 3.1Bidder user access
• 3.1.1Those under 18 (eighteen) years of age are not permitted to access the Services.
• 3.1.2Those who have been barred, refused or suspended by Fasaltrade or any Auctioneer are not permitted to access the Services.
• 3.2Registration and user credentials
• 3.2.1If the Bidder User wishes to use the Services to participate in any bid, the Bidder User must:
• a)register with and be approved by Fasaltrade; and
• b)register with and be approved by the fasaltrade in advance of receiving or using the Services to participate in such bids.
• 3.2.2For the avoidance of doubt, the Bidder User's registration with fasaltrade in accordance with Section 3.2.1(a), above, will require the Bidder User to agree to abide by these Bidder Terms. The Bidder User's agreement to these Bidder Terms does not constitute Fasaltrade's approval of the Bidder User, and, notwithstanding Section 2, fasaltrade may at any time terminate, restrict and/or refuse the Bidder User's use of the Services without notice.
• 3.2.3If the Bidder User registers with an fasaltrade in accordance with Section 3.2.1(b), above, the Auctioneer may require the Bidder User to agree to abide by the bidder Terms (if any) on registering to use the Services to participate in any bid. The Bidder User's agreement to the bidder Terms does not constitute the Auctioneer's approval of the Bidder User, and, notwithstanding Section 2, the bidder may at any time terminate, restrict and/or refuse the Bidder User's use of the Services to participate in any of Auctioneer’s auctions without notice.
• 3.2.4The Bidder User will supply all information requested by Fasaltrade and/or the bidder in order to register to use the Services and represents, warrants and covenants to fasaltrade and to the relevant Auctioneer that all such information is complete, truthful and accurate. It is the responsibility of the Bidder User to update and maintain changes to such information. Fasaltrade and the relevant bidders are entitled to rely on any information provided by the Bidder User.
• 3.2.5Fasaltrade and/or the Auctioneer reserve the right to refuse registration and/or approval to any person for any reason. Such refusal shall be in the absolute discretion of Fasaltrade and/or the authorised.
• 3.2.6Upon registration via the Services, a Bidder User will be allocated a unique username which must be used in conjunction with the Bidder User password, these are known as "User Credentials".
• 3.2.7The Bidder User's access to the Services must only be achieved using these User Credentials.
• 3.2.8The Bidder User must ensure that User Credentials are not disclosed to any other person. If the Bidder User believes that there has been any breach of security such as the disclosure, theft or unauthorised access or use of the User Credentials, the Bidder User must immediately notify Fasaltrade by contact us form at .
• 3.2.9The Bidder User shall be liable for any authorized or unauthorized access or use of the Services via the User Credentials and for any misuse of the User Credentials.
• 3.3Protecting Fasaltrade and the Services. The Bidder User represents, warrants and covenants that:
• 3.3.1its access to and use of the Services will not cause Fasaltrade any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to Fasaltrade, or cause the Services to become less efficient, less effective, or less functional;
• 3.3.2the Bidder User will not impose unreasonable stress, burden, or demand on the Services;
• 3.3.3the Bidder User will comply with Fasaltrade's instructions regarding the use of the Services from time to time and also will not bypass measures to prevent or limit access to or use of the Services;
• 3.3.4the Bidder User will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to Fasaltrade or its affiliates;
• 3.3.5the Bidder User will not copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Services other than in order to bid for goods using the Services;
• 3.3.6the Bidder User will not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Services (by spidering or otherwise) or enable or permit others to do so; and
• 3.3.7The Bidder User will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.
• 3.3.8The Bidder User will use the Services in compliance with all applicable laws.
• 3.4No sniping
• 3.4.1Bid sniping (such as watching a timebound online auction and placing a winning bid at the last possible moment giving others no time to outbid), whether manual or automated, is strictly prohibited on the Services and the Bidder User represents, warrants and covenants that the Bidder User will not place or permit to be placed any bids on any lots in any Auction by way of sniping.
• 3.4.2Any attempt at bid sniping may automatically extend the relevant Auction time and without prejudice to any other right or remedy of Fasaltrade and/or the Auctioneer may result in the Bidder User's access to the Services being suspended or revoked.
• 3.5No shill bidding
• 3.5.1Except as described in Section 3.5.3 below, shill bidding (where the seller of an item at bid, or someone colluding with the seller, places a bid in order to artificially inflate the price of the product being sold), whether manual or automated, is strictly prohibited on the Services and the Bidder User represents, warrants and covenants that the Bidder User will not place or permit to be placed any bids on any lots in any Auction by way of shill bidding.
• 3.5.2Any attempt at shill bidding may extend the relevant Auction time and without prejudice to any other right or remedy of Fasaltrade and/or the Bidder may result in the Bidder User's access to the Services being suspended or revoked by Fasaltrade or the authorised partner.
• 3.5.3In a reserve bid context where the bidder has announced that it may bid on behalf of the seller up to the reserve price, such reserve-maintenance bids whether made by the Bidder, the seller or an agent of either, will not constitute shill bidding.

4. Duration of the Services

• 4.1Unless terminated earlier as provided in these Bidder Terms, the Bidder User's registration, approval, and/or right to use the Services shall apply on an bid-by-bid basis, although an bidder may (in its absolute discretion) grant approval for a Bidder User to participate in more than one Auction at any one time.

5. Services are a Venue

• 5.1The Services allow Bidder Users to participate in Auction sales provided by Auctioneers, but Fasaltrade is not 'an online auctioneer' itself.
• 5.2The Services provide a venue through which you may access an Auctioneer's Auction. Bids may be made to and accepted by an Auctioneer utilising the technology inherent in the Services. Without prejudice to Section 3 above, when a Bidder User bids for a lot, the Bidder User does so in accordance with the Auctioneer Terms for that sale and not Fasaltrade, as more particularly described in Section 7 below. The Bidder Users are responsible for independently ensuring that they are aware of those terms and conditions and agree to bid in accordance with those terms and conditions.
• 5.3Fasaltrade is not a party to the contract for sale and purchase entered into between the Auctioneer, (and/or its principal) and the Bidder User, nor is Fasaltrade acting as agent for any such person. Fasaltrade shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.
• 5.4No joint venture, franchise or partnership exists or shall exist between Fasaltrade and any Bidder User or Auctioneer.

6.Fees

Buyers and Sellers should have all the required licenses and regulatory approvals to participate in the Auction

Buyers Service charges & Features

• Registration,view agriproduce and video file are Free
• Auction Service charges Rs 100 +Gst (18%) Only
• As buyer you can participate in Daily Live auction or time bound auction/bidding still,once you Win Daily Live auction or time bound auction than your Daily Live auction or time bound auction Limit end
• Once win auction fasaltrade provide seller address Through whatsup or Email to u with in 24 hours or as earily as possible
• By paying Rs 100 +Gst (18%) again participate daily Auction or Time bound auction B It is valid till you Win Daily Live auction or Time bound auction
• No service,commission charges or any hidden charges
• Once you participate in auction collected seller address, if seller complaints about not abbey auction rate or any others, than your registration null and void
• No Refund of Auction service fee under any circumstance
• Transport of goods is take care by buyers
• on request the crop sample is provide to buyers subject to distance from sellers to buyer Approx: Rs 100 t0 Rs 600 per sample, it may vary

Sellers Service Charges & Features

• Registration & add agri produce and upload agri produce video File are Free
• Auction Service charges Rs 100 +Gst (18%) Only
• As seller you can add your Agri produce in Daily Live auction or time bound auction/bidding still,once you sold agri produce in Daily Live auction or time bound auction than Your Daily Live auction or time bound auction Limit end
• Once agri produce sold in any auction the fasaltrade provide Buyer address Through whatsup or Email to u with in 24 hours or as earily as possible
• By paying Rs 100 +Gst (18%) again you can add agri produce at daily Live Auction or Time bound auction ,It is valid till you sold agri produce in Daily Live auction or Time bound auction
• No service,commission charges or any hidden charges
• Once you participate in auction collected Buyer address, if buyer complaints about not abbey auction rate, quality or any others, than your registration null and void
• No Refund of Auction service fee under any circumstance
• Mandi Cess will be paid by seller, if applicable or any other local taxes.
• on request seller will send Agri produce/crop sample to fasalonline office, the expense taken care by seller

Other Features

• Quality of Agri produce is the sole responsibility of Farmers/Vendors/Sellers
• Delivery of Products is the sole responsibility of Farmers/Vendors/buyers/Sellers
• Payments are mutual agreed terms between seller & buyers the fasalonline will not give any guarantee in regards of payments

Added Serivces & Features

• After the buyer win auction will deposite total amount for auction agri produce with fasaltrade
• The Buyer will pay service charges 1%, + Gst +loading charges on total amount of agri produce
• fasal gram sevaks will take care of loading agri produce at farmer/Vendor location & coordinate with buyers But Subject to location availbility
• The Buyer will taken care of logistic/Transporation
• Once received & confirmed agri produce goods by the buyer, Payment will release to seller Through his bank account

PAYMENTS

1) Pay the Auction Service Charges Or Total Crop Amount through Gpay or Online Transfer Or Through NEFT

2) Pay the Auction Service Charges Or Total Crop Amount through online banking , NEFT Transfer

SBI Bank

Account Number:10811815475

IFSC Code:SBIN0041190

7. Auctioneer Terms

• 7.1Each Auctioneer may have separate Auctioneer Terms, that apply to any Auction. A Bidder User agrees that in bidding at an Auction, he or she accepts the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder User to ascertain the nature of any Auctioneer Terms and to abide by them. Unless otherwise stated, by making a bid or commitment to buy an item via the Services, you are committing to buy the item from the Auctioneer listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the Auctioneer and are obligated to purchase the item. You agree to look solely to the applicable Auctioneer to resolve all questions and disputes regarding any bids you make to, or items you purchase in connection with an Auction.
• 7.2Unless otherwise permitted in any Auctioneer Terms, the Bidder User must comply with the following provisions:
• 7.2.1the Bidder User must not bid in an Auction where they are the Auctioneer nor must they procure or encourage any person to do so on their behalf;
• 7.2.2the Bidder User must not contact other bidders prior to the full conclusion of the sale of the lot;
• 7.2.3the highest bidder, where the reserve is met, and the bid is not subsequently declared by the Auctioneer to be inoperable, shall be bound by applicable law to complete the transaction; and
• 7.2.4each Bidder User shall be deemed to act as principal, unless in possession of written authority given by the Auctioneer to act for a third party.

8. Additional Auction Methods

From time to time, an Auctioneer may use one of the following Auction methods, as provided in any applicable Auctioneer Terms.

• 8.1Piecemeal Selling
• 8.1.1An Auctioneer may offer 'Piecemeal Selling' where a Bidder User bids on one lot consisting of multiple items. The Auctioneer calls the bid at the unit price of the items.
• 8.1.2If a Bidder User's bid is successful, it acknowledges and agrees that it will pay the per unit price multiplied by the number of items in the lot.
• 8.2Options
• 8.2.1Where the Bidder User's bid is successful, the Auctioneer may offer the Bidder User the option to buy additional lots at the same price as the successful bid price or may offer the Bidder User other additional purchase options.
• 8.2.2The Bidder User acknowledges and agrees that the lots offered for sale via such additional purchase options are not necessarily identical to the original lots purchased by the Bidder User. Bidder User acknowledges and agrees that it assumes all risks associated with its purchase of lots via the Services.
• 8.3Grouping
• 8.3.1An Auctioneer may offer a group of lots to a Bidder User as one lot. Where the Auctioneer offers 'grouping' the purchase price payable by the Bidder User for the entire lot will be the price that the Bidder User bids on the lot. The Bidder User acknowledges and agrees that should it be successful when bidding on such a lot, it will be contracted to buy the entire group of lots in accordance with the Auctioneer Terms.
• 8.4The lot prices in the methods detailed in 8.1, 8.2 and 8.3 exclude buyer's premium and any value added, use or sales taxes owed to federal, state, or local taxing authorities that may be charged by an Auctioneer, and will be subject to the Auctioneer's Terms governing each bid.

9. No representation and warranties

• 9.1Fasaltrade makes no representations or warranties whatsoever in connection with what the Auctioneer may offer for sale through the Services or otherwise.
• 9.2The Bidder User accepts that the Auctioneer is solely responsible for any obligations, representations and/or warranties (each, a "Representation") made with respect to a lot offered via the Services, including but not limited to:
• 9.2.1Representation as to quality of lots;
• 9.2.2Representation as to the description of lots;
• 9.2.3Representation as to fitness for purpose of lots;
• 9.2.4Representation as to truth or accuracy of statements made;
• 9.2.5Representation as to authenticity or provenance of lots;
• 9.2.6Representation as to legality of lots;
• 9.2.7Representation as to title of lots;
• 9.2.8Representation as to the liability of any party to the contract to complete the transaction.
• 9.3Fasaltrade has no knowledge as to, or responsibility for, the safety or legality of lots made available via an Auction. The Bidder User must not pre-suppose that all such lots are risk free and not dangerous to the Bidder User. Fasaltrade does not accept any responsibility to protect Bidder Users from injury or even death resulting from use of these lots or any illegality arising from the purchase of such lots. The Bidder assumes all risks associated with his or her use of the Services, including, without limitation, any lots purchased from Auctioneers via the Services.
• 9.4Fasaltrade is not in control of the information made available by Auctioneers accessed via the Services. The Bidder User accepts that Fasaltrade is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.
• 9.5Fasaltrade does not warrant that the Services are free from infection by viruses or any other technologically harmful material that may infect the Bidder User's computer equipment, computer programs, data or other proprietary material ("Bidder User's Computer System") arising out of the Bidder User's use of the Services. The Bidder User accepts that Fasaltrade does not accept responsibility to protect the Bidder User's Computer System from such viruses or other contamination or destruction. Subject to Section 10.2.1, below, BidSpotter and its affiliates will not be liable for any loss or damage to the Bidder User's Computer System caused by a distributed denial-of-service attack or any other harmful attack or material encountered by Bidder User via the Services.

10. Disclaimers

• 10.1Provision of the Services not guaranteed.
• 10.1.1The Bidder User accepts that access to the Services may be withdrawn at any time. The Services may be interrupted and provision of the Services is not guaranteed. To ensure the purchase of any lots offered via the Services, Bidder Users must make alternative provision for making bids prior to the sale (for example by telephone) and must not rely on and are not entitled to rely on the Services to make bids. The Services may not be continuous and may be interrupted by factors within or outside of BidSpotter's control.
• 10.1.2THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE’ ONLY. BIDSPOTTER SHALL HAVE NO LIABILITY WHERE A BID FAILS TO BE RECEIVED BY THE AUCTIONEER OR IS DELAYED, OR WHERE THE BID IS MADE IN ERROR FOR WHATEVER REASON. Fasaltrade IS UNDER NO OBLIGATION TO CORRECT ERRONEOUS BIDS OR TO RESUBMIT BIDS WHICH WERE LOST IN TRANSMISSION OR OTHERWISE NOT RECEIVED BY THE AUCTIONEER. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE BIDDER TERMS, THE WEBSITE OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) ABOUT THE PERFORMANCE, ACCURACY, OPERATION OR USEFULNESS OF THE SERVICES OR THE CONTENT NOR DOES IT REPRESENT OR WARRANT THAT THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE WEBSITE TERMS, WEBSITE OPERATOR EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) ABOUT OR RELATING TO THE PERFORMANCE, ACCURACY, OPERATION OR USEFULNESS OF THE SERVICES.
• 10.1.3Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
• 10.2Limitation of liability; Indemnification
• 10.2.1The Bidder User accepts that Fasaltrade's liability is limited to the fullest extent available in law. The Bidder User releases Fasaltrade from all liability to the fullest extent permitted by law.
• 10.2.2IN NO EVENT WILL Fasaltrade, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR DIRECT DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF REPUTATION, LOSS OF GOOD WILL, LOSS OF PROFITS OR REVENUES AND (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL OTHER LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES.
• 10.2.3Without limiting the generality of the foregoing, under no circumstances will Fasaltrade be liable for the acts or omissions of any Auctioneer.
• 10.2.4The Bidder User agrees to pursue any dispute, claim, action or right against any Auctioneer independently and without recourse to Fasaltrade. The Bidder User agrees to release Fasaltrade from all and any liability for any dispute, claim, action or right in any way associated with the Bidder User's use of the Services.
• 10.2.5The Bidder User will be responsible for any losses or damages suffered or incurred by Fasaltrade in respect of any inaccuracy of the Bidder User's data due to incorrect input of data by the Bidder User.
• 10.2.6Where, notwithstanding the above, liability is found against Fasaltrade for any reason under or in connection with these Bidder Terms, the Auctioneer Site or the provision of the Website and/or the Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), BidSpotter's aggregate liability in any calendar year in aggregate for all claims relating to any Bidder User shall be limited to $100.
• 10.2.7The Bidder User agrees to indemnify BidSpotter to the fullest extent available in law where any claim, action or right against BidSpotter arises through (a) the Bidder User's act or omission or breach of any of these terms and conditions, (b) the Bidder User’s use of the Services, (c) the Bidder User’s violation of these Bidder Terms, or (d) the Bidder User’s violation of any rights of another. The Bidder User accepts and agrees that BidSpotter may in such circumstances take action against the Bidder User or seek to join the Bidder User to such a claim.
• 10.2.8The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of Fasaltrade's affiliates and subcontractors.
• 10.2.9Nothing in these Bidder Terms shall operate to exclude or limit a party's or its affiliate's liability for death or personal injury caused by its negligence or for its fraud.
• 10.2.10SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Confidentiality

The Bidder User will keep confidential any information received from Fasaltrade in connection with the Services and will not use the information other than as necessary to access and use the Services as expressly contemplated by these Bidder Terms.

12. Force majeure

In no event shall Fasaltrade be liable for any delays or failures attributable to any cause beyond its reasonable control. Failures of telecommunications networks, the Internet, and/or BidSpotter's or its subcontractor's computer network and systems, and any website operated by an Auctioneer shall without limitation be deemed to be events beyond Fasaltrade's reasonable control.

13. Third party rights

This agreement is only intended for the benefit of the parties (Fasaltrade and the Bidder User) and, where expressly provided, the Auctioneer and Fasaltrade's affiliates and subcontractors. Upon your acceptance of these Bidder Terms, such Auctioneers and affiliates will have the right (and will be deemed to have accepted the right) to enforce these Bidder Terms, where expressly provided, against you as a third party beneficiary thereof.

14. Entire agreement

• 14.1These Bidder Terms, together with any terms incorporated herein by reference, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.
• 14.2Each of the parties acknowledges and agrees that in entering into an agreement based on these Bidder Terms it does not rely on any statement not contained within these Bidder Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.

15. Assignment

Fasaltrade may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.

16. Applicable Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Fasaltrade agree to arbitrate any dispute arising from these Bidder Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Fasaltrade agree to notify each other in writing of any dispute within thirty (7) days of when it arises. Notice to Fasaltrade shall be sent to through contact us form You and Fasaltrade further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Bangalore, Karnataka; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of Indian law; and (d) that the state courts in Bangalore, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Bidder Terms and the laws of the State of Karnataka and applicable Indian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Fasaltrade WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.