Terms & Condition
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. UTHALE.COM is a unique auction service offered by OEQUAL, a company incorporated under Indian companies act. Participation in auctions held on this website is only open to Indian citizens residing in India and are of age 18 years and over.
Please read this term carefully
By Participating /registering with UTHALE.COM you agree to become a potential bidder and accept the terms and conditions set out below. you will be deemed to have accepted these terms on every subsequent occasion on which you use the UTHALE.COM website.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCEPT THEM OR CONTINUE TO USE THE WEBSITE.
Your registration on the website is restricted to a single user account which will be used by you to bid on the website. you are prohibited from creating or using multiple user IDs/account for registering and bidding on the website. you are prohibited from using other malpractices like forming groups to gain unfair advantage over other individuals. you undertake to participate in auctions conducted through the website as an individual bidder. Formation of teams and collusion between you and any other bidder(s) for participating and bidding in auctions organized on the website is expressly forbidden and will result in us deleting the accounts and debarring access to the auctions and the website for all bidders who are members of such teams or have taken part in such collusion. your bid will be immediately cancelled and you will forfeit the right to buy any products even if you are the successful bidder in any auction. Should we come to know of any such act after the auction is concluded and the product has been already shipped to you or is in your possession, we have legal and contractual right to obtain the product back from you unconditionally and no question asked. Additionally, such an act will result in you being debarred from further participation and cancellation of your registration with us without prejudice to any legal recourse we may have if such act amounts to an offence under any law in force in India.
you undertake that you yourself will bid in all auctions in which you have participated, and not use any software programs, bots, devices or any other form of external assistance to bid. Any attempt to employ any such external assistance will result in you being debarred from further participation and cancellation of your registration with us.
You agree and acknowledge that we will take all steps necessary to determine whether your participation is in accordance with the terms and conditions laid down here in.
We reserve the right to debar you from participation in any auction organized by us, suspend your account and prohibit your access to the website should we have reasonable grounds to suspect that you have registered or participated in auctions provided on the website. you are not allowed to play with multiple login ids on one auction. Additionally, you will forfeit the rights to buy any products even if you are the successful bidder in any auction if we have reasonable cause to believe that you may be using multiple IDs to bid.All Kind of offer benefits will be decided by us and it can be change/modify without any prior notice.if you are susppect disadvantage of any offer or benifit , we are haivng rights to take any steps to prevent a uthale.com
We reserve the right to debar you from participation in any auction organized by us, suspend your account and prohibit your access to the website should we have reasonable grounds to suspect that if you fail in any terms like verification process and other done by UTHALE.COM team about any kind of process. UTHALE.COM reserve the rights to do verification (by asking all the relevant question on the strategy of game, accounts and other form) to protect the consumer from any kind of fraud or mis-conduct.
We reserve the right to prohibit you from participation in any auction organized by us, suspend your account and prohibit your access to the website should we have reasonable grounds to suspect that if you are not the actual account holder or someone else has used your UTHALE.COM account. Only account holders are legally allowed to use their accounts for the bidding. If in case the account holder does not have any clue about the bidding or use of account then in that case UTHALE.COM cannot be accounted for any miss-use of account or money.
Additionally, in all condition you will forfeit the right to buy any products even if you are the successful bidder in any auction if we have reasonable cause to believe that you are following terms and condition or any other means of a malpractice.
Use of the Service and/or the website is available only to persons who are citizens of India, are also residing in India and can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors (i.e., below 18 years of age), un-discharged insolvent etc. are not eligible to use the service and/or the website. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the service and cannot bid for any items on the service.
TO PARTICIPATE IN THESE AUCTIONS YOU MUST AT LEAST BE 18 YEARS OR OLDER.
UTHALE.COM reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to UTHALE.COM notice or if it is discovered that you are under the age of 18 years.
Employees, Partners, Carriers, Employees of carriers, and agents of UTHALE.COM, the seller, their subsidiary companies or any company connected with the WWW.UTHALE.COM auction are NOT ELIGIABLE to enter, nor are their relatives or immediate members of their families or households.
When you use the website or send emails or SMS or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
We reserve the right to debar you from participation in any auction organized by us, suspend your account and prohibit your access to the website should we have reasonable grounds to suspect that you have paid through means which cannot be authenticated by our payment gateway. Additionally, you will forfeit the right to buy any products even if you are the successful bidder in any auction if we have reasonable cause to believe that you have used a fraudulent method of payment.
Website exercises all necessary precautions to ensure that the bidding process is transparent and fair where equal opportunity is provided to all bidders to bid and try to win the product(s) for which bids are invited. Should it come to website notice that you have tried to or are trying to sub verse or prejudice the bidding process to your advantage or have tried to or are gaining unfair advantage over other bidders by any means including by means of any software, code, script, unauthorized access or by exceeding authorized access to any part, process or application of website servers, your bid will be immediately cancelled and you will forfeit the right to buy any products even if you are the successful bidder in any auction. Should we come to know of any such act after the auction is concluded and the product has been already shipped to you or is in your possession, we have legal and contractual right to obtain the product back from you unconditionally. Additionally, such an act will result in you being debarred from further participation and cancellation of your registration with us without prejudice to any legal recourse we may have if such act amounts to an offence under any law in force in India.
 Successful bidder
- The bidder who places the highest and most recent bid by time defined by UTHALE.COM is determined the successful bidder for that particular website auction item thereby having the right to qualify to receive the particular product/service.
- Should the successful bidder fail to fulfill all formalities as stipulated within the given time frame he/she will be disqualified and will have no right to stake claim on the product/service.
- There may be a period of approximately 48 working hours from the closing date until the auction results are announced. This period is to allow for the reconciliation of bids and the auditing of results.
 Payment of the Processing Charge
- The bidder warrants that he/she is the owner of the credit card and is authorized to make use of it for the purposes purchasing credits for participating in website auctions.
- UTHALE.COM uses one or more third-party payment service providers for the acceptance of payments for website auctions. While website has endeavoured to ensure that due care is exercised in handling credit card information, including the use of SECURE SOCKETS LAYER (SSL) for the transmission of sensitive information over the internet and industry standard encryption for the storage of sensitive information as well as password / firewall access controls to this information, website will not be liable for any compromise or misuse of this information.
 Acceptance of the Win/Payment
- After an auction has ended, you must actively confirm and pay the total price for the won auction. Once you have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within three (3) days of the auction end date, UTHALE.COM may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If UTHALE.COM does this, all bids placed in that auction will be deemed expired and will be non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to you until the total price has been paid to UTHALE.COM. An invoice containing the auction price and shipping costs will be sent to you by UTHALE.COM once delivery has been arranged.
- With respect to items sold by UTHALE.COM, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by UTHALE.COM is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Once credits have been purchased, any refunds deemed due under these terms and conditions will be refunded in credits to the bidder's account. UTHALE.COM will not make any cash refunds under any circumstances.
- Neither purchased nor promotional credits can be exchanged for cash or refunded. They can only be used towards processing charges on other website auctions.
- Provided a successful bidder for a particular website auction item is determined as per clause (Next Point), no credit of processing charges will be offered.
- In a case where website offers a credit of processing charges, the bidder's account will be credited with credits to the amount due, and such credits may then be used to offset processing charges on future website auctions.
- If a refund is requested by a particular bidder, UTHALE.COM will attempt to refund any credits due to that bidder by refunding the credits straight into the bidder's account. If website is unsuccessful in effecting such a refund, then UTHALE.COM will e-mail the affected bidder, requesting information required in order to process the refund.
- You may refer friends to UTHALE.COM using the referral form on the UTHALE.COM and offers free bids to any user who refers new users who purchase from UTHALE.COM. UTHALE.COM reserves the right to review each referral for possible fraud. you may not refer family members or persons located in your household. Any abuse of the referral system may result in the deduction of fraudulent value awarded and/or the termination of your account in UTHALE.COM sole discretion.
- All the referal offers and any other offer manage/change by the UTHALE.COM without prior notice.
 Account Termination
- UTHALE.COM reserves the right to temporarily or permanently terminate your account at UTHALE.COM sole discretion if it determines or suspects you have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. you agree that if UTHALE.COM, in good faith and in its sole discretion, determines that you have breached these Terms & Conditions. UTHALE.COM may withhold, cancel, or otherwise retain any and all of your pending deliveries and/or refunds for bids.
 Products Delivery
- The delivery of the product and/or the service to the customer is subject to fulfilment of all the formalities as laid out by UTHALE.COM.
- Couriers received should be checked for damage in front of the delivery boy and in case of any damage the item should be returned back without signing for acceptance.
- Specified documents which will be required for customer to whom delivery of product is due will be any valid photo identity proof. Please note that UTHALE.COM at its discretion can call for PAN card details specifically to establish the identity of the customer. Failure to send the required documents will result in non delivery of the product. Any transfer and/or delivery costs which are payable will be stated in the particulars of the relevant UTHALE.COM purchase, and must be paid by the customer.
- The supply of the product to the selected bidder is subject to payment in full of the total sum of highest and most recent bid they placed by bidder and tax on sale of such goods as per central and state government norm & courier charges through the means of Demand Draft in favor of OEQUAL, payable at Surat to assume ownership of the auction item. In case you opt to pay using payment gateway then additional surcharge not exceeding 4.6% of the amount paid will be levied.
- Auction winner is subjected to provide the payment within 7 days from the end date of auction. If the user/winner failed to provide the required documents or/and payment then company on its own decision will not send the item to the winner. No money refund will be given to the existing winner as he/she has failed to comply with the terms and condition. Also, in the case of the winner has completed the process of payment for the product and provided the documents then also it has not provided it delivery address or not came to collect the product from the company as intimated then in both the above cases company with its own decision will not send the product wined for that auction without refunding any money spent on the auction or can ask the winner for the additional charges for the storing and keeping the products as the special charges for the providing the space for the product. Winner/winners are not liable to question/ask the company for the change it decision or mind.
- In case a winner wins a product whose MRP is more than or equal to Rs 10000, then he/she will have to pay 5.5% Tax for electronic products as per the government rules. The amount will be paid by means of Demand Draft in favor of OEQUAL, payable at surat to assume ownership of the auction item. In case you opt to pay using payment gateway then additional surcharge not exceeding 4.6% of the amount paid will be levied.
- It should be understood that UTHALE.COM is not the manufacturer/supplier of the products/services, and that the products/services may be supplied to successful bidders directly from the manufacturer's/suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this agreement.
- Guarantees for products/services will only be provided as stated in the item description for each particular website auction.
- Except to the extent that is required by law, UTHALE.COM is not responsible for the quality of the product, its fitness for purpose, its faults and/or unsuitability causing loss or damage to the user.
- The product/service will be delivered to you in 90 working days or less from the date of receiving all the specified documents duly signed by customer & all formalities completed by the customer.
- All efforts will be made to send the products to the customer's given addresses. However, in case of area not serviceable by our appointed vendor, the customer will be required to furnish alternate serviceable delivery addresses or should collect from the nearest possible point of delivery at their own cost.
- Products are supplied to us by third parties ("Suppliers"). We and our suppliers can make no promises, express or implied as to the service, including but not limited to, its accuracy, relevance, or quality. In addition, the service is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by internet connections and other operational factors beyond our control, including without limitation dropped connections, the performance of your wireless device and the maintenance of secure network connections. We and our suppliers accept no responsibility if you do not receive the service for any of these reasons. Under no circumstances shall we or our suppliers be liable for any direct, indirect, incidental or consequential damages including without limitation, loss of income, data or other information caused by your participation or otherwise in the services offered by or in our Auctions, even if we or our suppliers have been advised of the possibility of such damages. These terms and conditions will not affect your statutory rights.
- Guarantees for products will only be provided as stated in the item description (no mention of a guarantee will simply no specific guarantee). All products comes with manufacture warranty, not from our side.
 Use Of The Service
you agree, undertake and confirm that your use of the Service shall be strictly governed by the following binding principles:
- "Your Information" is defined as any information including but not limited to your photograph (passport size) you provide to us or other users of the service ("Users") in the registration, bidding, buying, in the feedback area or through any message feature. You are solely responsible for your information, and we act as a passive conduit for your online and/or in any manner to distribute and publication of your information. Your information (or any items listed) : shall not be false, inaccurate or misleading, shall not be fraudulent in any manner, shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy, shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, shall not create liability for us or cause us to lose (in whole or in part) the services of our operators and/or other suppliers, shall not be obscene or contain pornography, shall not contain any viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- In the event that any transaction or attempted transaction relating to any item, good or service which is volatile of these terms and conditions comes to your knowledge, you shall take all steps to inform UTHALE.COM of the same. you may contact at [email protected]
- You shall comply with all applicable Indian (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies and/or any other laws which may be applicable from time to time) regarding your use of our service and your bidding on the service.
- You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the service and/or on the website.
 Reviews and Comments
- You may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam." you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you post. UTHALE.COM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. UTHALE.COM also reserves the right to prohibit you from posting additional comments.
 Governing Law & Severance
- The laws of India govern these terms and conditions and each website auction/product, website and each bidder submit to the non-exclusive jurisdiction of the courts of India in relation to any dispute arising out of or in connection with these terms and conditions or any website auction/product. All Domestic and International disputes/legal matter are subject to surat jurisdiction only
- If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
- If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
- The following terms & conditions shall apply to the relationship OEQUAL, all subsidiaries of OEQUAL, and UTHALE.COM, and the end user ("you" or "your"). By using UTHALE.COM services, you accept these terms & conditions, as well as the manner in which UTHALE.COM operates. These terms & conditions constitute the entire agreement between UTHALE.COM and you and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and UTHALE.COM with respect of your use of UTHALE.COM.
- Information on UTHALE.COM, such as the , "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. UTHALE.COM is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.
- As it is typical with auctions, UTHALE.COM cannot guarantee that you will be the winner of any individual auction or that the final price in any auction will be a tremendous discount. Sometimes bidding can be very competitive, and the competition tends to grow as the products become more valuable or sought after.
- In order to give you a sense of what your competition might be, below is a portion that shows top bidders participated historically in certain auctions and about how many bids the winner of the auction placed. If you have any questions, concerns, or comments about our terms & conditions, please email us at [email protected]
 Acceptance of Terms & Conditions
- If you do not agree to the Terms & Conditions, do not use UTHALE.COM. If you access, use, or download in any way any service from UTHALE.COM, you agree to and are bound by these terms & conditions and also acknowledge that (a) you have had the opportunity to review the tutorials regarding the use of UTHALE.COM included in "how it works", (b) you have either reviewed the tutorials or have chosen not to do so, and (c) you have had the opportunity to ask questions regarding the use of UTHALE.COM by telephone or email and to have those questions answered.
 Changes to Terms & Conditions
- UTHALE.COM may change (add to, delete, or amend) the terms & conditions from time to time, with or without cause. Should this occur, you agree that UTHALE.COM may provide you notice of such changes in any of the following ways: via an email from UTHALE.COM, via an RSS feed, via UTHALE.COM' blog, and/or by posting a change notice on the website for a reasonably limited time. It is your responsibility to review any revised terms & conditions. Should you find any subsequent revisions to the terms & conditions unacceptable, you must cease using UTHALE.COM services. By continuing to access, use, or download in any way any service from UTHALE.COM following notice of a revision to the terms & conditions, you agree to and are bound by the terms & conditions as revised.
- By accepting the terms & conditions and/or registering with UTHALE.COM, you confirm that you are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a "Jurisdiction") of your residence, that you can engage in a binding contract, and that you meet all other eligibility requirements contained in these Terms & Conditions. By using UTHALE.COM, you warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms & conditions.
- UTHALE.COM employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as UTHALE.COM, employees may not under any circumstances participate in UTHALE.COM auctions.
- UTHALE.COM products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
- Your participation in UTHALE.COM is subjected to these terms and condition which is in the nature of an agreement between you and UTHALE.COM
- Agreeing to this agreement is part of the UTHALE.COM. If you use UTHALE.COM, it is assumed that you are agreeing to the terms and condition set out below.
- UTHALE.COM is no interested in cheating anyone, and well we always do our best to help resolve any problems that might occur
However, by registering an UTHALE.COM, you agree to the following terms:
- You are agree to pay any charges associated with a UTHALE.COM account
- You are solely responsible for the security of your password.
- Purchase of Ocoin is payment for a service provided by OEQUAL. Ocoin have no real value and Ocoin id not refundable in any situation as well as it's payment.
- The java client is supplied as is and code and accepts no responsibility for any damage to your system.
- You may not use any third party software that adds functionality or mines data from the server or client.
- You must agree to all the terms stated below. These terms may be revised from time to time add and applied retrospectively to all accounts.