This document is an electronic record in terms of Information Technology Act, 2000 and
rules there under as applicable and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any physical or
digital signatures.
User Agreement
Your use of https://www.stealdealsindia.com/ {including https://www.stealdealsindia.com/
(hereinafter referred to as “the Website”) and its related sites, services and tools} is governed by
the following terms and conditions. If you transact on any STEAL DEALS website other than the
Website, you shall be subject to the policies that are applicable to the STEAL DEALS sites for
such transaction. This User Agreement for the Website shall come into effect from the time and
date the user accepts the same (“User Agreement”). You are contracting with STEAL DEALS INDIA PARTNERSHIP FIRM, a firm incorporated under THE INDIAN PARTNERSHIP Act, 1932 . These terms and conditions constitute yourbinding obligations towards the contracting entity (hereinafter referred to as “STEAL DEALS”).
Amendments: https://www.stealdealsindia.com/ may amend this User Agreement and/or
STEAL DEALS Rules and Policies at any time by posting a revised version on the Website. If the
revised version of this User Agreement includes a Substantial Change,
https://www.stealdealsindia.com/ will provide you with 15 days’ prior notice of such Substantial
Change/s. You are advised to regularly check for any amendments or updates to the terms and
conditions contained in this User Agreement and in STEAL DEALS Rules and Policies.
1 Introduction
https://www.stealdealsindia.com/ is an Online Business to Business (B2B) negotiation (Online
auction) tool which allows a secure B2B business negotiation between Host of the negotiation
Event (“Auctioneer”) and Participants (“Bidders”).
Auctioneer hosts a negotiation event as per the order of Banks or other financial institutions
(“Auction”) and invites its Bidders to participate in the event. Bidder can access the platform and
participate in an Online Negotiation Event (“Auction”) by submitting Bids (“Bids”). These
Events (“Auctions”) can be called for procurement (termed as Reverse Auction) of any Item /
service /contract or for the sale (termed as forward auction) of any Item / service etc.
Procurement Auction are termed as “Reverse Auctions” and Sales Auctions are termed as
“Forward Auctions”
STEAL DEALS platform is to be used as a negotiation tool to get better market price. Auctioneer
needs to invite bidders of their own and the invitation needs to be sent through STEAL DEALS
platform. Invited bidders who register on auction portal will be automatically added to the list of
enrolled bidder of respective auctioneer. STEAL DEALS does not provide or recommend any
bidder online or offline. Easy auction provides utility to add / upload details of bidders also the
subsequent activities and placement of orders / contracts or supply of goods or services and
payment collection is solely the responsibility of the Auctioneer.
By registering with https://www.stealdealsindia.com/ the Auctioneer and Bidders agree to be bound
by the following Terms and Conditions.
2 Nature of the Service
The Users (Both Auctioneer and Bidders) are required to register as a member by completing the
online registration form on the Website. A User can be register either as a Auctioneer or as a
Bidder. Two different accounts are required if a user want to be registered both as an Auctioneer
and a Bidder. The User agrees to ensure that their registration details are correct and to update
any details when necessary.
Registered Auctioneer can create and save the auction without any charges. Auctioneer will be
charged for once he publishes an auction as per the plan and pricing detailed on the website.
Bidders will not be charged for either registration or to participate in an event.
The Users are solely responsible for keeping their personal user name and password secure and
confidential. The Licence to use STEAL DEALS platform shall be tied to a specific user via their
e-mail address, log-in and contact details. It is strictly forbidden for log-in details to be shared
within and / or external to an organisation as this could represent a serious breach of security and
might lead to significant risks to all parties.
The Users acknowledge and accept that https://www.stealdealsindia.com/ only offers an auction
tool; The Host acknowledges that the running of any Event or any part thereof by the Auctioneer
on the Web Site is outside the control of STEAL DEALS and is the Auctioneer responsibility. The
Auctioneer will indemnify and hold harmless STEAL DEALS for any third party claims arising
from the Auctioneer’s running of the Event or any part thereof.
At the Event, the Participants (Bidders) will submit Bids on the basis of the terms of Event given
by the Auctioneer. The Auctioneer is responsible for the criteria set out in the request whether
the Auctioneer is looking for Bids to supply or for Bids for the purchase of an item or service. By
Bidding to supply or buy an item or service the Participant agrees that it meets the criteria as set
out in the request by the Auctioneer. Such Bids constitute a legally binding offer by the
Participant capable of acceptance by the Auctioneer
The Participant will not be able to withdraw a Bid [unless expressly allowed to by the
Auctioneer]. Any attempt to do so may constitute a breach of contract, and an Auctioneer may
take legal action against the Bidder. In such circumstances, STEAL DEALS shall have the right to
terminate the Participant’s registration and use of the Web Site and the Auctioneer can reject the
Participant from the event
The final selection of Participant is a matter for the Auctioneer. There is no obligation to place a
contract or supply unless outlined in the Request for Participation. Auctioneer and Bidders will
be encouraged to give feedback on completion of each Event.
The communications between Auctioneer and Bidder pre or post Event and post event contract
or supply award are not the responsibility of STEAL DEALS. It is the responsibility of Auctioneer
and Bidder to enter into any post Event contract as they agree between themselves. It is the
Auctioneer responsibility to agree terms of business between the Auctioneer and the Bidder.
We make no guarantees about the Goods or Services offered by an Auctioneer or Bidder nor give
any assurances that a Bidder will Bid at auction or provide the Auctioneer with products or
services or payment. Bidder will need to be validated or audited by the Auctioneer to satisfy they
are fit for purpose. Easy auctions do not provide any list of bidders nor recommend any bidder
online or offline. For every event (auction) Auctioneer needs to invite his own bidders
STEAL DEALS take no responsibility for any pre or post third party data or contracts relating to
the negotiation activity; this is a matter strictly between the Auctioneer and their selected Bidder.
The Auctioneer indemnifies STEAL DEALS for any claims for any breaches arising from the
Event which are based on the Auctioneer’s information.
Unless the Event states otherwise:
The Auctioneer is not obliged to accept any Bidders Bids.
The Event is not legally binding on the Auctioneer.
STEAL DEALS reserves the right to change, modify, substitute or remove without notice any
information or services on the Web Site from time to time.
The Auctioneer acknowledges that due to the nature of the Internet, access to the Web Site may
be suspended, restricted or terminated at any time. If possible, notice will be given and all
reasonable efforts will be made to avoid this. STEAL DEALS will also have no liability in respect
of any transmissions the Users send through STEAL DEALS and the Users do so entirely at their
own risk.
The Users acknowledge that during the Event there may be discrepancies between the Bidder’s
local time clock and the STEAL DEALS server Event time clock which are outside the control of
“STEAL DEALS ”. The bidders should be aware of this and should place their bids in a timely
manner.
Auctioneer acknowledges that STEAL DEALS may use information from the activities of
Auctioneer on the Web Site for marketing purposes. STEAL DEALS shall only identify
Auctioneer by name if the Auctioneer gives their consent and no confidential information will be
published.
In certain circumstances, for reasons including but not limited to a License holder leaving
employment of the License holder’s organization or a License holder moving to a different job
role, STEAL DEALS can transfer the License to an alternative user. STEAL DEALS reserves the
right to consider the circumstances and to decide the appropriate outcome. There shall not be
allowed any period of overlap during this transition of multiple user’s accessing the same
License.
By using STEAL DEALS system, you are hereby agreeing to the Terms of Service outlined on the
STEAL DEALS website.
3 Support
Support will be given in the form of live chat, e-mail and phone. This support will be in the form
of technical advice.
Resources and guides are available to download at no cost for any person who is signed up with
STEAL DEALS. The Resources are a recommended starting point for any user.
Support is subject to a fair use policy whereby the support in a given month must not exceed 3
hours per month per User. This is to ensure STEAL DEALS can afford to offer the optimal
support for their customers.
Further consultancy advice on the successful running of events can be given during the course of
an activity as long as this is deemed reasonable. STEAL DEALS reserves the right to ask for
further payment for consultancy advice where this activity is deemed excessive. Any additional
payment for consultancy advice shall not be incurred without a signed agreement from both
parties
4 Fees
The fees payable by the Auctioneer to STEAL DEALS are as set out on the Web Site (unless
agreed in writing otherwise). STEAL DEALS will require payment from the Auctioneer before the
Auctioneer publish a auction [unless otherwise agreed]. The prices quotes on the website are
inclusive of all applicable taxes.
Unless otherwise agreed, there are no fees payable by the bidders to STEAL DEALS in connection
with the Event.
5 Disclaimer
The Auctioneer agrees that the Event and any associated material which STEAL DEALS presents
on the Web Site are on the instruction of the Auctioneer and are not representations, actions or
statements of STEAL DEALS and are not binding on STEAL DEALS or on any third party, but are
representations, actions or statements of the Auctioneer.
STEAL DEALS is not an agent of the Auctioneer and acts exclusively as a facilitator of the Event,
enabling Bidders and Auctioneer to come together. STEAL DEALS has no liability in connection
with any relationship between the Bidder and Auctioneer formed as a result of the Event.
6 Guarantee
STEAL DEALS makes no guarantee as to the credit worthiness, existence, identity or authority of
any Users or other person who submits to the Web Site or to other Users. Each User
acknowledges that the validity of all such information can never be fully verified, and that it is
acting at its own risk.
Also, STEAL DEALS cannot guarantee that a User’s password will not become available to third
parties who do not have authority to act on behalf of the Bidder to make Bids or the Auctioneer
to create or edit Events. Whilst STEAL DEALS has made all reasonable efforts to ensure the Web
Site is secure, Users shall bear this risk.
The Auctioneer acknowledges that any contracts entered into as a result of the use of our system
are outside STEAL DEALS’s responsibility and will indemnify STEAL DEALS for any claims
arising from contracts entered upon.
7 Auctioneer’s conduct
The Auctioneer undertakes that it will act in a responsible and professional manner.
The Auctioneer agrees not to manipulate any event and will not use any Bidder’s data except as
set out in these Terms.
The Auctioneer agrees to comply at all times with applicable legislation.
STEAL DEALS reserves the right to terminate any agreement with an Auctioneer that is in breach
of this agreement.
8 Bidders conduct
Bidders undertake that they will act in good faith at all times in all dealings with STEAL DEALS
or other Users and in line with the auction concept whether it is forward or reverse. Bidders will
only make Bids in the Event to which they intend to be bound.
Bidders will not collude with other Users or third parties in order to manipulate the Event nor
will they share pricing information with each other. Users will indemnify STEAL DEALS against
all liability arising out of any breach of these terms.
9 Liability
STEAL DEALS is not responsible for the actions of Auctioneers or Bidders who use this site. The
Users should make any complaints or claims they may have relating to any of their activities
directly to the person/company concerned.
STEAL DEALS shall not be liable to the Auctioneer for any indirect or consequential loss from
any breach of STEAL DEALS’s obligations under these terms.
The Auctioneer acknowledges that STEAL DEALS shall not be liable to any User for any direct,
indirect or consequential loss arising from any loss of connection to the Web Site or Event.
STEAL DEALS have no liability for any data downloaded from this website or as part of the
service. STEAL DEALS do not accept liability for any indirect or consequential loss however
caused as a result of any computer virus, bugs, or other similar programs arising from the Users
use of the website. STEAL DEALS will obviously do their best to protect their site but it is the
Users responsibility to take precautions against these issues.
10 Termination
STEAL DEALS reserves the right to:
| · · · · | Terminate these Terms by e-mail at any time without giving reasons Stop any auction or Bid and ban users from using the website Modify or withdraw the Website at any time without notice To reject any registration or access to the website and to temporarily or indefinitely suspend any registered user To withdraw User names and passwords at any time without notice should we believe they have been compromised? |
| · |
The Auctioneer may not terminate this agreement whilst fees to STEAL DEALS remain
outstanding.
On termination of these Terms, the Event and access to the Web Site will cease and all
information belonging to the other party will be returned or destroyed.
In the event of termination of the service, any unused credits and / or information will be
returned to the Host on request.
11 Confidentiality
STEAL DEALS , the Auctioneers and the Bidders agree to keep all information submitted to the
platform or which otherwise is disclosed by either party under this Agreement confidential and
shall not disclose any such information to any third parties without the consent of the owner of
the confidential information save that it can disclose such information to those of its employees,
agents or professional advisers who have a need to know and who are bound to keep the
information confidential.
STEAL DEALS and the auctioneer agree to use the Confidential Information of the other solely in
connection with the performance of the Event and not otherwise or for the benefit of any third
party.
Each party will, at its own expense, take all reasonable and appropriate steps to enforce any duty
of confidence owed to it by any party (including employees, agents, sub-contractors and
professional advisors), insofar as such enforcement appears to be necessary for the protection of
the confidentiality of the Confidential Information.
The provisions of clause 10 will not apply to the whole or any part of the Confidential
Information which:
| · | is lawfully obtained free of any duty of confidentiality otherwise than from a party to this Agreement is already in the other party’s possession other than as a result of a breach of this clause 10; the Party can demonstrate is in the public domain (other than as a result of a breach of this clause 10); |
| · | |
| · |
| · | is independently developed or acquired by that Party without access to the Confidential Information; is disclosed pursuant to a judicial or other governmental order, provided that the Party required to disclose gives the other Party reasonable notice prior to such disclosure to |
| · |
allow the disclosing Party a reasonable opportunity to seek a protective order or
equivalent; or
· Is disclosed with prior written consent of the other Party.
12 Governing law
These Terms and Conditions will be construed in accordance with and governed by the laws of
India and each party agrees to submit to the exclusive jurisdiction of the courts of MUMBAI ,
India.
13 Miscellaneous
STEAL DEALS reserves the right to change these terms and conditions at any time. These will be
posted on the website and will come into immediate effect. If the website is used after these
conditions come into effect then the User will be indicating their agreement to be bound by these
new terms and conditions.