and/or mobile application located at www.bauktion.com (the “Site and/or mobile
application”). The Site and/or mobile application is the property of Chawla Sons
Group. (“Chawla Sons”) and its licensors. BY USING THE SITE AND/OR MOBILE
SITE AND/OR MOBILE APPLICATION.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site and/or mobile application is reproduced, owned, controlled or licensed by or to Chawla Sons, and may be protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Chawla Sons products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Chawla Sons for downloading from the Site and/or mobile application, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site and/or mobile application:-
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site and/or mobile application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or mobile application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site and/or mobile application. Chawla Sons reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site and/or mobile application, or any other systems or networks connected to the Site and/or mobile application or to any Chawla Sons server, or to any of the services offered on or through the Site and/or mobile application, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site and/or mobile application or any network connected to the Site and/or mobile application, nor breach the security or authentication measures on the Site and/or mobile application or any network connected to the Site and/or mobile application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site and/or mobile application, or any other customer of Chawla Sons, including any Chawla Sons account not owned by you, to its source, or exploit the Site and/or mobile application or any service or information made available or offered by or through the Site and/or mobile application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site and/or mobile application.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site and/or mobile application or Chawla Sons’s systems or networks, or any systems or networks connected to the Site and/or mobile application or to Chawla Sons.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and/or mobile application or any transaction being conducted on the Site and/or mobile application, or with any other person’s use of the Site and/or mobile application.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Chawla Sons on or through the Site and/or mobile application or any service offered on or through the Site and/or mobile application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions:-
Chawla Sons’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site and/or mobile application should be construed to alter such agreements.
Chawla Sons may make changes to any products or services offered on the Site and/or mobile application, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site and/or mobile application with respect to products and services may be out of date, and Chawla Sons makes no commitment to update the materials on the Site and/or mobile application with respect to such products and services.
Any payment done in this site and/or mobile application will not be refunded.
Most of the auctions are covered in the application.
The following terms also govern and apply to your use of the Site and/or mobile application, and they are incorporated herein by this reference:
Guidelines for Using Chawla Sons Trademarks & Copyrights
Rights & Permissions
Claims of Copyright Infringement
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site and/or mobile application
Accounts, Passwords and Security:-
Certain features or services offered on or through the Site and/or mobile application may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Chawla Sons immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Chawla Sons or any other user of or visitor to the Site and/or mobile application due to someone else using your Chawla Sons ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Chawla Sons cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Site and/or mobile application, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site and/or mobile application may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Collection and Use of Personal Information:-
Personal information is the data that can be used to identify or contact a single person.
Here are some examples of the types of personal information Chawla Sons may collect and how we may use it:
What personal information we collect:-
When you create a login ID, purchase a product, avail our services, contact us including by social media or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, device identifiers, IP address, location information, credit card information and profile information where the contact is via social media.
When you share your content with family and friends using Chawla Sons products, send gift certificates and products, or invite others to participate in Chawla Sons services or forums, Chawla Sons may collect the information you provide about those people such as name, mailing address, email address, and phone number. Chawla Sons will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.
How we use your personal information:-
The personal information we collect allows us to keep you posted on Chawla Sons’s latest product and service announcements and upcoming events. If you don’t want to be on our mailing list, you can opt-out anytime.
We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. We may also use your personal information for account and network security purposes, including in order to protect our services for the benefit of all our users, and pre-screening or scanning uploaded content for potentially illegal content. Where we use your information for anti-fraud purposes it arises from the conduct of an online transaction with us. We limit our uses of data for anti-fraud purposes to those which are strictly necessary and within our assessed legitimate interests to protect our customers and our services. For certain online transactions we may also validate the information provided by you with publicly accessible sources.
We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of account holders.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Chawla Sons, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Chawla Sons’s products, services, and customer communications.
f you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
Source of your personal information where they are not collected from you
We may have received your personal information from other persons if that person has shared their content with you using Chawla Sons products, sent gift certificates and products, or invited you to participate in Chawla Sons services or forums. We may also validate the information provided by you when creating an Chawla Sons ID with a third party for security and fraud prevention purposes.
For research and development purposes, we may use datasets such as those that contain images, voices or other data that could be associated with an identifiable person. When acquiring such datasets, we do so in accordance with applicable law in the jurisdiction in which the dataset is hosted. When using such datasets for research and development, we do not attempt to re-identify individuals who may appear therein.
Collection and Use of Non-Personal Information:-
We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where an Chawla Sons product is used so that we can better understand customer behavior and improve our products, services, and advertising.
We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
With your explicit consent, we may collect data about how you use your device and applications in order to help app developers improve their apps.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Cookies and Other Technologies:-
As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site and/or mobile application, to learn about user behavior on the site and/or mobile application, to improve our product and services, and to gather demographic information about our user base as a whole. Chawla Sons may use this information in our marketing and advertising services.
In some of our email messages, we use a “click-through URL” linked to content on the Chawla Sons website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Disclosure to Third Parties:-
At times Chawla Sons may provide third parties with certain personal information to provide or improve our products and services, including to deliver products at your request, or to help Chawla Sons market to consumers. When we do, we require those third parties to handle it in accordance with relevant laws. Chawla Sons does not sell personal information, and personal information will never be shared with third parties for their marketing purposes.
Chawla Sons shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Chawla Sons operates.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Chawla Sons to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you, but only where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. This could include providing information to public or governmental authorities. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
Protection of Personal Information:-
When you use some Chawla Sons products, services, or applications or post on an Chawla Sons forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.
The Existence of Automated Decision-Making, Including Profiling
Chawla Sons does not take any decisions involving the use of algorithms or profiling that significantly affect you.
Integrity and Retention of Personal Information:-
Your Privacy Rights:-
You can help ensure that your contact information and preferences are accurate, complete, and up to date by signing in to your Chawla Sons ID account page. For other personal information we hold, we will provide you with access (including a copy) for any purpose including to request that we correct the data if it is inaccurate or delete the data if Chawla Sons is not required to retain it by law or for legitimate business purposes.
We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier. Online tools for the exercise of access, deactivation/restriction, correction, or deletion requests are available on a regional basis by signing in to privacy.Chawla Sons.com.
To provide location-based services on Chawla Sons products, Chawla Sons and our partners and licensees, such as maps data providers, may collect, use, and share precise location data, including the real-time geographic location of your Chawla Sons computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Chawla Sons and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services.
Third‑Party Sites and Services:-
Chawla Sons websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties.
Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
Our Companywide Commitment to Your Privacy:-
To make sure your personal information is secure, we communicate our privacy and security guidelines to Chawla Sons employees and strictly enforce privacy safeguards within the company.
When a privacy question or question about personal information received in response to an access/download request is received we have a dedicated team which triages your contact to address your issue. Where your issue may be more substantive in nature, we may request more information from you. All such substantive contacts receive a response within seven (7), days wherever possible - providing a response on the issue raised, requesting additional information where necessary or indicating that a response will require additional time. You may at any time refer your complaint to the relevant regulator in your jurisdiction if you are unsatisfied with a reply received from us. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.
Where your complaint indicates an improvement could be made in our handling of privacy issues we will take steps to make such an update at the next reasonable opportunity. In the event that a privacy issue has resulted in a negative impact on you or another person we will take steps to address that with you or that other person.
Links to Other Sites and to the Chawla Sons Site and/or mobile application:-
This Site and/or mobile application may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Chawla Sons’s control, and Chawla Sons is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
CHAWLA SONS DOES NOT PROMISE THAT THE SITE AND/OR MOBILE APPLICATION OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE AND/OR MOBILE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE AND/OR MOBILE APPLICATION WILL PROVIDE SPECIFIC RESULTS. THE SITE AND/OR MOBILE APPLICATION AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE AND/OR MOBILE APPLICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. CHAWLA SONS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE AND/OR MOBILE APPLICATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CHAWLA SONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHAWLA SONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR MOBILE APPLICATION AND/OR ANY CHAWLA SONS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR MOBILE APPLICATION AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CHAWLA SONS FOR DISSATISFACTION WITH THE SITE AND/OR MOBILE APPLICATION OR ANY CONTENT IS TO STOP USING THE SITE AND/OR MOBILE APPLICATION OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Chawla Sons reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site and/or mobile application, or any portion of the Site and/or mobile application, for any reason; (2) to modify or change the Site and/or mobile application, or any portion of the Site and/or mobile application, and any applicable policies or terms; and (3) to interrupt the operation of the Site and/or mobile application, or any portion of the Site and/or mobile application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability:-
Except where prohibited by law, in no event will Chawla Sons be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Chawla Sons has been advised of the possibility of such damages.
You agree to indemnify and hold Chawla Sons, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Chawla Sons by any third party due to or arising out of or in connection with your use of the Site and/or mobile application.
Chawla Sons may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site and/or mobile application, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Chawla Sons’s rights or property, or the rights or property of visitors to or users of the Site and/or mobile application, including Chawla Sons’s customers. Chawla Sons reserves the right at all times to disclose any information that Chawla Sons deems necessary to comply with any applicable law, regulation, legal process or governmental request. Chawla Sons also may disclose your information when Chawla Sons determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Chawla Sons may, in its sole discretion and without prior notice, terminate your access to the Site and/or mobile application, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site and/or mobile application or any service offered on or through the Site and/or mobile application, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution:-
Void Where Prohibited:-
Although the Site and/or mobile application is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site and/or mobile application are available to all persons or in all geographic locations, or appropriate or available for use outside India. Chawla Sons reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site and/or mobile application is void where prohibited. If you choose to access the Site and/or mobile application from outside India, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site and/or mobile application, in violation of any applicable laws or regulations.
Feedback and Information:-
Any feedback you provide at this site and/or mobile application shall be deemed to be non-confidential. Chawla Sons shall be free to use such information on an unrestricted basis.