EBoli India is developed by HummingPure Tech Solutions Pvt Ltd to empower prospect Buyer & Sellers to execute their wish to Buy or Sale product and services through eAuction portal the “SITE” , EBoli India is not a traditional auctioneer or broker. EBoli India is not involved in forming the actual transaction between a Buyer and Seller. EBoli India is neither an agent nor partner of Buyers or Sellers. EBoli India does not take title of assets under eAuction at any point of time in a transaction between a Buyer and Seller. EBoli India has no control over the quality, safety or legality of the Products Or Service listed at site, the truth or accuracy of the Product listings, the ability of Sellers to sell Products or the ability of Buyers to buy Products. Any notes or descriptions in the Product listings are for information purposes only. Buyers should determine their Bid Amount based on the item conditions.
a. The Services provided by HummingPure Tech Solutions Pvt Ltd through the EBoli India (“EBoli”) Web Site (the "Site") are undertaken by HummingPure Tech Solutions Pvt Ltd in accordance with these terms (the "Terms"). By either listing products for sale or Tenders or bidding for the purchase of products Or Services on the Site, users ("Users") agree to these Terms. HummingPure Tech Solutions Pvt Ltd reserves the right to modify the Terms by posting modified Terms on the Site at any point of time with Or without posting information either through print media Or digital medium.
b. Any prospect participant who wish to become Buyer Or Seller of the products Or services ("Products") & (“Services”) listed on the Site shall register Or request by Email for register by selecting a login ID (your e-mail) and personal password and providing any other required registration information as and when asked by the Website Administrator.
c. Participants who become “Users” and log-in with allotted credentials accept and warrant that (i) all information provided during registration is accurate and complete, and (ii) all information entered during registration will be kept accurate as per prevailing records at all times. Users are solely responsible for all conduct and transmissions that take place under their respective login ID and passwords. EBoli India may, in its sole and absolute discretion, refuse to accept a User's registration, and may terminate a User's rights to continue using the Site for any reason at any time.
d. EBoli India is technically collect and analyse data based on IP addresses tool that do not identify Users directly, to help diagnose problems with the EBoli India server and help to administer the Site, also analyse the trends and track Users' movements, and gather broad demographic information for aggregate use in order to improve the performance of the Site.
e. These Terms are in force at any time a User uses the Site in any way. If a User disagrees with these Terms, the sole remedy is for the User to terminate its use of the Site. Upon any termination of a User's right to use the Site, these Terms shall survive termination with respect to any use or transactions occurring prior to termination.
a. A prospective seller ("Seller") of Material Or Service on the SITE should legally possess the rights to offer the sale OR propose the bidding to handover the rights of ownership, The Asset specifically proposed under material auction should free from any lien, Burden of mortgage Or claim from any third party. Seller agrees to use commercially reasonable efforts to supply accurate information for each Product & Services listing (including quantity and condition in case of Material Auction), and will be solely responsible for the Product listing information. Each Product listing will be immediately posted on the Site by HummingPure Tech Solutions Pvt Ltd through auction portal "Eboli India". Eboli India reserves the right to reject any Products from posting on the SITE.
b. The SITE has provided the space to mentioned special condition/listing information/restriction of what so ever nature in relation to the product OR services related to proposed product resale, cost, load-out requirements, The seller henceforth informed to disclose the same in advance. It is understood that the terms of any sale of Products are strictly between the Buyer and the Seller, the enforcement of any resale restrictions is solely the responsibility of the Seller and/or the Buyer, as agreed by the parties.
c. EBoli India is an online marketplace designed and developed by HummingPure Tech Solutions Pvt Ltd to empower all seller and prospect buyer on the philosophy of “Your Bid Your Price ” through the Portal EBoli India. Time & Date of eAuction holds utmost importance, The prospect participants would not be allowed to alter the information of listed products after lapse of cold period, The Seller may not update or change the Product listing without EBoli India approval after the lapse of Cold Period. If any updates or changes are required for accuracy, it is the sole responsibility of the Seller to notify EBoli India in a timely manner.
d. Seller under material auction & Buyer under service auction agrees to pay for EBoli India services in connection with a Product and Service listing respectively, HummingPure Tech Solutions Pvt Ltd portal "EBoli India" perform the eAuction, and facilitating the sale of Products & Services as between Seller and a registered buyer ("Buyer") and vice versa, in the form of either a Commission or Registration Fees.
a. EBoli India is one of state of art portal with inclusion of all facilities to eAuction Services as well as Material, Buyer who wish to Bid Material Or Services and Seller to sale the product Or service should carefully note the date & time of the eAuction to end and submit requisite price/amount followed by compulsory review, It is understood that the Buyer & Seller comply with the Terms & Conditions to participate in EBoli India portal, No changes are allowed except subject to mention specifically at the time of bidding, Seller to notify any specific terms related to revision in Bid during registration process. HummingPure Tech Solutions & EBoli India Administration reserves the right to reject or void any Bid Amount in the sole discretion of the HummingPure Tech Solutions & EBoli India.
a. In any transaction on the Site, Buyer and Seller are responsible for determining whether sales, use, GST, Duty or other similar taxes of any taxing authority apply to the transaction and to collect, report and remit the correct tax to the appropriate tax authority. HummingPure Tech Solutions & EBoli India. Administration are not obligated to determine whether any such tax/s apply and are not responsible to collect, remit or report any such tax/s arising from any transaction. If any such tax/s is applicable, it is the obligation of the Seller to disclose this prior to the start of the eAuction on portal EBoli India.
b. Buyers and Sellers agree to comply with all applicable laws and regulations (including those relating to taxes) regarding use of this Site and the sale or purchase of Products on this Site. Buyers and Sellers agree not to use this Site or any content contained in it for any illegal or inappropriate activities, which include harassing or bribing others, misappropriating or copying the contents of this Site or any listing, or selling fraudulent or counterfeit Products.
c. Sale price manipulation of any kind by users is strictly prohibited, including, without limitation, bidding through a secondary account or other party, by communicating with other buyers.
d. Buyers and Sellers shall not submit, publish, distribute, or transmit through this Site or its e-mail links any content that is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, or that would otherwise give rise to liability or violates any law.
e. Buyers and Sellers agree not to submit, publish, distribute, or transmit anything through this Site that will violate or infringe, or cause EBoli India to violate or infringe, the intellectual property or other rights of any third party, including copyright, trademark, trade secret, privacy or other proprietary rights. Buyers and Sellers shall not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.
a. This Site "EBoli India" Is provided by "HummingPure Tech Solutions Pvt Ltd" on an "As Is", “Where is” and "As Available" basis. To the fullest extent permissible by applicable Law, EBoli India disclaims all representations and warranties of any kind, Express Or Implied, As to the operation, accessibility or security of this site, and the accuracy, completeness, currency or reliability of any of the content or data found on the site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. EBoli India does not warrant that the site or the functions, features or content on the site will always be available, accessible, uninterrupted, secure or operate without error. EBoli India expressly disclaims any responsibility for any misrepresentations or breaches committed by any buyer or seller.
b. If, notwithstanding the foregoing, EBoli India or any seller in Material Auction and Buyer in case of Service Auction should be found liable for any loss or damage (whether in contract or tort) which arises out of or is in any way connected with these terms or the use of the site, the liability of EBoli India and Its Parent company "HummingPure Tech Solutions Pvt Ltd" and any Buyer Or seller shall in no event exceed the commission paid to "HummingPure Tech Solutions Pvt Ltd" with respect to the particular transaction giving rise to such liability.
a. The Site contain links to or banners advertising other sites on the Internet that are owned and operated by third parties of different business and vendors. "EBoli India" is providing these links and banners solely as a convenience and promotion of businesses. The appearance of a link or advertisement does not imply "EBoli India" endorsement, nor is "EBoli India" responsible for the content of any linked site.
a. HummingPure Tech Solutions Pvt Ltd through Its eAuction portal "EBoli India" is not a principal or participant of the underlying transaction between Buyer and Seller. HummingPure Tech Solutions Pvt Ltd through Its eAuction portal "EBoli India" may rely on any instrument or e-mail reasonably believed by it to be genuine and to have been signed or sent by the proper party or parties, their officers, representatives or agents.
b. In situation of any dispute arise between the Buyer and Seller with respect to the Product OR Service Funding Amount, "HummingPure Tech Solutions Pvt Ltd" shall have the right to (i) Refrain from taking any action other than to retain custody of the Product Funding Amount OR Restricting Use of Service until it shall have received joint written instructions signed by each of Buyer and Seller, or a final order, judgment or decree from a court of competent jurisdiction, or (ii) Institute a bill of interpleader in any court of competent jurisdiction to determine the rights of the parties. If Buyer and Seller agree to resolve their dispute over the Product / Service Funding Amount through binding arbitration, HummingPure Tech Solution Pvt Ltd shall have the additional right to act on the instructions of the appointed arbitrator(s). Should such actions be necessary, or should HummingPure Tech Solution Pvt Ltd become involved in litigation or other proceedings of any nature on account of the Product Funding Amount solely because it holds the Product Funding Amount, Buyer and Seller agree to pay HummingPure Tech Solution Pvt Ltd, in addition to any commissions hereunder, reasonable attorney's fees incurred by HummingPure Tech Solution Pvt Ltd and any other costs and expenses resulting from such actions, all of which may be deducted from the Product Funding Amount prior to their disbursement by HummingPure Tech Solution Pvt Ltd.
c. For any agreement on the sale of products, buyer and seller agree: (a) all products are sold "as is, where is" and “as available basis” with no warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, unless otherwise expressly set forth in the terms of sale for such item and labelled as a "warranty". (b) In no event shall buyer or seller be liable to each other for special, incidental, indirect, consequential or punitive damages of any kind, or any lost revenue or anticipated profits, arising out of or in connection with such transaction. (c) in no event shall the liability of seller to buyer, or buyer to seller, for any such transaction exceed the bid amount of the products
Buyers and Sellers shall indemnify, defend and hold harmless HummingPure Tech Solution Pvt Ltd and Its Trademark the eAuction portal EBoli India Jointly Or Solely and affiliates, and their respective officers, directors, employees, and agents (collectively, the " HummingPure Tech Solution Pvt Ltd Enterprise"), from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), brought by or on behalf of any third party against HummingPure Tech Solution Pvt Ltd Or Its eAuction portal EBoli India that arises out of (a) any breach or violation of these Terms, (b) any dispute with another Site user relating to your purchase or sale of Products Or Services on this Site, or (c) any personal injury, death or property damage caused by or arising out of the subsequent use of the Products purchased Or Services hired through this Site.
This Site EBoli India is governed and controlled by "HummingPure Tech Solutions Pvt Ltd" from its offices in Indore, Madhya Pradesh, India. The laws applicable to the interpretation of these Terms shall be the laws of the respective State of India, without regard to any conflict of law provisions.
Any legal action arising out of or relating to these Terms shall be filed only in the state courts of Madhya Pradesh-India.
EBoli India and the EBoli India logo are trademarks or service marks of "HummingPure Tech Solutions Pvt Ltd" The trademarks, trade names and all other material contained on this Site, including all portions of the website, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of "HummingPure Tech Solutions Pvt Ltd" or its licensors. Except as expressly permitted hereby, the use of any such property for any other purpose, or the modification, distribution or republication of such material without the prior written permission from "HummingPure Tech Solutions Pvt Ltd", is strictly prohibited.
a. These Terms constitute the entire agreement and understanding of the parties in respect of its subject matter and supersedes all prior understandings, agreements, or representations by or among the parties, written or oral, to the extent they relate in any way to the subject matter hereof or the transactions contemplated hereby.
b. These Terms do not create, and shall not be construed by the parties or any third person as creating any agency, partnership, joint venture, or employment relationship between a Buyer or Seller and "HummingPure Tech Solutions Pvt Ltd" through Its eAuction portal EBoli India. The relationship of the parties under these Terms shall be solely that of independent contractors. Neither party shall have, nor hold itself out as having, any right, power or authority to assume, create, or incur any expenses, liability, or obligation on behalf of the other party, except as expressly provided herein.
c. Any failure by "HummingPure Tech Solutions Pvt Ltd" through Its eAuction portal EBoli India to exercise or enforce any right or provision of these Terms will not constitute our waiver of such right or provision.
d. All of the terms, agreements, covenants, representations, warranties, and conditions of these Terms are binding upon, and inure to the benefit of and are enforceable by, the parties and their respective successors and assigns.
d.The provisions of these shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof, provided that any provision of these Terms that is invalid or unenforceable in any situation or in any jurisdiction will not affect the enforceability of the remaining terms and provisions hereof or the enforceability of the offending term or provision in any other situation or in any other jurisdiction. Please feel free to contact "HummingPure Tech Solutions Pvt Ltd" to resolve a complaint regarding any aspect of service relating to this Site by writing to us on address mentioned on the Web Site under Contact Us field, or sending an e-mail to [email protected]
