PLEASE READ THESE TERMS OF USE (“TERMS”), CAREFULLY. BY USING, ACCESSING THIS WEBSITE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE.

1.INTRODUCTION

1. Welcome to our Website namely www.doctorsand.com (“Website”). This Website is owned, hosted and operated by Doctor Sand Limited (“Company”, “We”, “us”, “our”). If you (“User(s)”, “you”, “your”, “his”, “her”, “their”, “them”) continue to use or access our Website, then you are agreeing to comply with and be bound by these Terms together with our privacy policy (“Privacy Policy”) which govern Company’s relationship with you. If you disagree with these Terms or the Privacy Policy or any part thereof, you may not use or access this Website in its entirety and avail our Services (as defined below).
2. You may also not access this Website, if you are Company’s competitor. In addition, you may not access this Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
3. We reserve the right to amend these Terms at any time without prior intimation to Users. Your use of the Website following any such amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access or use the Website, you read these Terms.

2.OUR SERVICES

Through our Website we offer cash & carry bidding services, forward and reverse bidding services and other related services such as interfacing with other users (categories either as sellers or as buyers) dealing in building and construction materials, price discovery for the auction lot, uploading of products (for forward bidding) or setting up requirements (for reverse bidding) ( “Auction Services”). The Website also acts as an online marketplace whereby we offer product or service information provided by third parties ( “Market Place Services”).For the purpose of these Terms, Auction Services and Market Place Services shall collectively be referred to as “Services”.

3.ELIGIBILITY: INTENDED FOR USERS 18 AND OLDER

1. This Website is intended for the use of Users who are eighteen (18) years of age or older. If you are under the age of eighteen (18), you should get the assistance of a parent or guardian to use this Website.
2. The Services are not available to any Users previously removed from using the Service by us. If you are accessing an account registered on the Website (“Account”) to use the Services on behalf of a User, then you represent and warrant that you:
   1. are an authorized representative of such User
   2. agree to be bound by these Terms on behalf of such User. We shall not be under any obligation to verify your authority or eligibility. If you do not qualify to be an eligible User, you should not use our Services.

4.REGISTRATION OF USER ACCOUNT

1. In order to avail various Services offered by us, you are required to complete the registration on the ‘sign up’ email address on the Website. You will receive a onetime password (“OTP”) for creation of an Account and will be required to verify yourself with the OTP and upon successful verification, the registration process will be completed, subject to payment of requisite Fees ( as defined below).
2. After successful ‘sign up’, User may use the Services subsequently by ‘sign in’. User agrees to provide Company with accurate, complete, and updated registration information and authorize the use and disclosure of his/her information to us in order to allow us to provide the Services and as otherwise disclosed in our Privacy Policy located at www.doctorsand.com/privacy-policy. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. Users may register on the Website through their Account with Third Party Websites (defined below) for availing the Services. As part of the Services, you authorize us to import your login-in credentials, details and personal information dispersed over Third Party Websites. "Third Party Websites" would mean social networking platforms, including but not limited to Facebook, LinkedIn, Twitter, Google and other similar social media platforms.
3. User shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under his/her Account and must keep his/her Account and password secure. Users are prohibited from transferring their Account to any third party. We encourage you to use strong passwords i.e. passwords that use a combination of upper- and lower-case letters, numbers and symbols with your Account. User must :
   1. notify Company immediately in case of any breach of security or unauthorized use of your Account;
   2. report to Company immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by you, and
   3. not provide false identity information to gain access to or use the Services. You shall be solely responsible for your acts and omissions. Company shall not be liable for any losses caused by any unauthorized use of your Account, loss of data or functionality by User. We also, at our sole discretion, reserve the right to refuse or cancel registration of any Account which we deem inappropriate.
4. The Account gives access to Users to use the Services and functionalities that we may establish and maintain from time to time in our sole discretion.
5. In order to avail Market Place Services through the Website for one-time purchase, you may direct place an order through the free guest login facility made available on the Website only for your personal use and not the business usage.

5.PAYMENT OBLIGATIONS

1. While registering for the Services, User will pay all the registration fees/ charges (“Fee(s)”) as may specified on the Website. User acknowledges and agrees that the Fees are chargeable either on monthly basis or on annual basis,
   (ii) payment obligations are non-cancellable and Fees paid are non-refundable.
2. Taxes. Our Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Fees.
3. Without the prior specific written consent of Company, you agree that you and the other user onboarded on the Website, whom you are transacting with by way of the Services shall, in no event, directly or indirectly deal, circumvent Company or transact with any third party to contract between yourselves in relation to the auction or bidding, thereby disentitling us to our rightful commission in the nature of the Fees herein. Any such attempt to bypass us will give us a right to:
   1. Terminate your Account immediately and blacklist you from using our Services;
   2. Proceed against you in a court of competent jurisdiction by way of invoking appropriate legal action against you.

6.OUR PROPRIETARY RIGHTS

1. Any and all rights to the Website, Services, graphics, images, layouts, logos, trademarks or text thereof including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein is the sole and exclusive property of Company. These Terms do not grant you any rights, title and interest in and to Website, its contents, and branding thereof including Company’s intellectual property rights except where expressly and unequivocally licensed herein. Any rights not expressly and unequivocally granted to User are reserved.

7.HYPERLINKS AND THIRD PARTY SERVICES

1. The Website may from time to time contain hyperlinks to other websites or mobile applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance of any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which it provides. Company is not a party to any transaction between you and such website.
2. Website may contain links to third party products or services such as bill discounting facility, logistic facilities. Such third-party products or services will provide links to other web sites belonging to sponsors, advertisers and other third parties and such links are provided to you as a convenience. We do not endorse, warrant or guarantee the products or services available through the third-party products or services advertised on or linked from our Website, whether or not sponsored. We are not agent or broker or otherwise responsible for the activities or policies of those web sites or links. If you elect to use or purchase services from such third parties, you are subject to their terms and conditions, privacy policy or any other terms for availing their services.

8.PRIVACY & SECURITY

We care about the privacy of our Users, the integrity and security of User’s information including its personal information shared by them with us. The information collected by us is subject to and governed by our Privacy Policy located at www.doctorsand.com/privacy-policy You understand that by using the Website and/or the Services you consent to the collection, use and disclosure of your information including but not limited to personal information and aggregate data as set forth in our Privacy Policy, and to have such information collected, used, transferred and processed.

9.USER’S LIABILITY FOR CONTENT

1. All information offered on the Website, including but not limited to access to view the bids for auctions, recommendations, particulars of other users, notifications, status updates, comments and text messages, and advertising from automated systems and software and is for information purposes only. Except for the content shared by you on the Website, all materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, information, audio, videos available on the Website obtained from Company’s licensors, partners, sponsors, advertisers, and other material contained on the Website are for informational purposes only. If you rely on any content of other users or another third party content provided on the Website, you do so solely at your own risk.
2. User must always verify the veracity and authenticity of the other users and their content and requirements, before entering into any transactions with such users.
3. None of the Services offered through this Website represents or warrants appropriate or effective for you. Company does not recommend or endorse any third party’s opinions, or other information that may be mentioned on the Website. Reliance on any information appearing on the Website is solely at your own risk.

10.NO WARRANTY

1. We make no guarantees, representations, endorsements or warranties, whether expressed or implied, with respect to, expertise, or information, or other content through the Services. In no event, shall we be liable to you or anyone else for any decision made or action taken by you by relying on our Services.
2. The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, non-infringement or timeliness of the content. Without limiting the foregoing, Company, its affiliates, and its licensors do not warrant that the Service will meet your requirements; that the service(s) will be available at any specific time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained using the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Company disclaims all liability for any claims arising out of the interfacing between the users, including any claims of fraud, misrepresentation and/or infringement of any intellectual property rights and violation of property rights arising out of the Services or from the use of Services on the Website.
3. Company does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through Company’s Website or any hyperlinked website or service.
4. Company shall not be liable for any
   1. wrong information, improper suggestions, reports, being given on the Website,
   2. any type of inconvenience, personal injury, or harm to the user due to use of the Website,
   3. any instances, claims or complaints of fraud against other users, from using the services or on the basis of the information available on the Website,
   4. any claim arising out of the use or misuse of the Services.
5. In addition, Company does not warrant that use of the Website will be free from technological difficulties including, but not limited to, unavailability of information, downtime, Service disruptions, viruses or worms, and you understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output.
6. You agree that the Website is an online market place that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. You further acknowledge that we are only a facilitator and any transaction between the third party and you, through use of our Market Place Services, shall be a strictly bipartite contract between you and such third party. We shall not be responsible or held liable for such transactions in any manner.

11.TERMINATION/ ACCESS RESTRICTION

1. Company reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without notice. Your right to access and use the Website terminates automatically upon your material breach of any of these Terms. Company reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.
2. Company's performance of these Terms are subject to applicable laws and legal process, and nothing contained in these Terms is in derogation of Company 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or Personal Information provided to or gathered by Company with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue to be in effect.

12.PROHIBITED CONDUCT

1. You agree not to engage in any of the following activities:
1. reproduce, redistribute, duplicate, copy, sell, resell, lease, transfer, sub-license, publish or exploit for any purposes, use of the Website, or access to the Website without our prior written consent;
2. decompile, disassemble, reverse engineer, and attempt to discover the Website or reduce the Website to a human-perceivable form;
3. use the Services for any purposes that potentially could cause or might result into any property damage, introduce virus or any other hazardous application of the Services;
4. iv.You will not use the Website to develop any competing applications, websites or products which are similar or substantially similar to the Website or our Services;
5. Violating applicable laws and rights: You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) use the Website to defraud any other user in relation to the Services, (c) violate or encourage others to violate the property rights of any other users (d) violate or encourage others to violate any right of
6. or obligation of a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality laws or privacy rights.
7. Solicitation: You may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
8. Disruption: You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy or procedure of any network, equipment, or server.
9. Impersonation or unauthorized access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or User when using the Website; You may not use or attempt to use another User’s Account or personal information; and, you may not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password, mining or any other means. You may not attempt to disable, ‘hack’ or otherwise interfere with the proper functioning of this Website or the provision of Services to Users thereof.
10. Reviews while accessing the Market Place Services: You may post reviews, comments and other content on the Website provided that such reviews are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy or infringing of intellectual property rights.
2. Company reserves the right (but is not obligated) to do any or all of the following:
   1. Remove communications that fail to conform with these Terms;
   2. Terminate a User's access to the entire Website or specific features of the Website;
   3. Terminate a User’s Account for providing information provided by you in a manner inconsistent with these Terms;
   4. Edit or delete any communications posted on the Website, regardless of whether such communications violate these standards.

13.INDEMNITY

You agree to defend, indemnify and hold harmless Company, its affiliate and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
(i) your use of and access to the Services, including any data or information transmitted or received by you;
(ii) your violation of these Terms;
(iii) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights;
(iv) your violation of any applicable law, rule or regulation;
(v) any misrepresentation or fraud by you;
(vi) your negligent or wilful misconduct.

14.LIMITATION OF LIABILITY

In no event, shall we be liable to you (or to any third party claiming under or through you) for any direct, indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Website or the Services. We shall not be liable for any transactions that arise between you and another user. These limitations and exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or professional malpractice or negligence through use of the Service, even if we knew or should have known the possibility of such damages. You specifically acknowledge and agree that we shall not be liable for any content posted by you or by any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Website and the Service.

15.GENERAL

1. Assignment: These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
2. Notification Procedures and Changes to the Terms: Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes to you through an email or messages, or through posting of such notice on the Website, as determined by Company in its sole discretion. Users may also choose to discontinue receiving such notification as described in these Terms.
3. Independent Contractors: You acknowledge that the provision of Services is on a principal to principal basis and each party hereto is an independent contractor. These Terms do not create a relationship of joint venture, partnership, principal/agent, employer/ employee between Company and User.
4. Entire Terms /Severability: These Terms, together with any amendments and any additional agreement you may enter with Company in connection with the Services, shall constitute the entire agreement between you and Company concerning the Services. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
5. No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
6. Dispute Resolution: Any dispute or claim relating in any way to your use of any Company's Services, by Company or through Company will be resolved by binding arbitration, to be conducted by an arbitrator appointed by Company. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and the seat of the arbitration shall be Kolkata. The language of the proceedings shall be English, and the award of the proceedings shall be final and binding on the parties.
7. Governing Law and Jurisdiction: These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Kolkata shall have exclusive jurisdiction to try any disputes or suit arising out of these Terms, subject to the arbitration clause above.
8. General: If You have any questions, complaints or claims with respect to the Services or Website, you should contact [email protected]