This page contains the General Terms and Conditions of Website Use (herein after referred to as Terms) that outline the rules and regulations for the use of the Historic Auctions Website, located at www.historicauctions.com (herein after referred to as the Website). By accessing and using our website you agree to be bound by these Terms. We may amend or revise these Terms at any time by updating the text of this page. It is your responsibility to check this page regularly for such amendments by which you will be bound.
1.1. “Historic Auctions” will mean an online auctions, offline auctions or both as conducted by Historic Auctions Private Limited in accordance with these Terms.
1.2. “Applicable Law” will mean, with respect to any Person, any transnational, domestic or foreign national, state or local law (statutory, common or otherwise), constitution, treaty, convention, ordinance, code, rule, regulation, order, injunction, judgment, decree, ruling or other similar requirement enacted, adopted, promulgated or applied by a Governmental Authority or any other statutory authority of India that is binding upon or applicable to such Person, as amended unless expressly specified otherwise.
1.3. “Governmental Authority” will mean any and all international, national, state or local governments, governmental institutions, public authorities and governmental entities of any nature whatsoever, and any subdivisions or instrumentalities thereof, including, but not limited to, departments, boards, bureaus, commissions, agencies, courts, administrations and panels, and any division or instrumentalities thereof, whether permanent or ad hoc and whether now or hereafter constituted or existing.
1.4. “You” will mean any individual or a legal entity exercising rights under these Terms, and complying with all of the obligations under these Terms.
1.5. “Website” will mean to include the Historic Auctions website i.e www.historicauctions.com, its mobile Apps (both android and iOS) and/or any other operating system through which Historic Auctions chooses to carry out its business.
2.1. Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend such access or the service without notice (see below).
2.2. You are responsible for ensuring that all persons accessing our site through your Internet connection are aware of these Terms and that they comply with them.
2.3. Where you are provided with a user ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You are responsible for any transactions undertaken by any third party and the risks and liabilities associated therewith where you have disclosed or exposed such information.
3.1. Our Website is not intended to be used by minors since it may contain material of a nature which may be inappropriate for them to view (e.g. nudity in a painting) or information on articles which may be harmful and/or illegal in the hands of children.
3.2. Parents will be responsible for children using their computer to view such material and must control their children’s access to the computer and the Internet accordingly.
3.3. By bidding for or buying articles through our web site you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
4.1. Historic Auctions uses commercially reasonable efforts to assure the accuracy of the information on this Site.
4.2. All Information contained on this Site, however, may be changed and updated at any time without notice, and it may contain errors or inaccuracies.
4.3. This Site also contains information provided by third parties.
4.4. Historic Auctions makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information, and Historic Auctions is not responsible for any errors, omissions, or inaccuracies contained in any information provided by third parties.
4.5. You acknowledge and agree that it is technically impossible to provide the web site free of faults, bugs and errors and that access to the web site is provided on an “as is” and “as available” basis.
4.6. We do not accept any liability for faults which may lead to temporary unavailability of the web site, whether this is in our reasonable control or not.
4.7. Our liability in relation to any sale advertised on the web site will be as set out in the relevant Conditions of Sale.
Please read the Privacy section carefully, which also applies if you access the Website and uses the related services, but do not purchase any Lot and/or Product. The Privacy section helps you to understand how Historic Auctions collects and uses your personal data in a confidential manner and for what purposes. If you have any objections to collection of any such data as specified, please do not access/use this Website and related services.
6.1. The entire contents of this site are provided “as is,” and Historic Auctions makes no representations or warranties of any kind, express or implied, including, but not limited to, fitness for a particular purpose or non-infringement of any kind with respect to this site or its contents. Neither Historic Auctions, nor any of its officers, directors, employees, or other representatives will be liable for damages of any kind arising out of or in connection with the use of this site or any information contained herein, even if advised of the possibility thereof.
6.2. Historic Auctions assumes no responsibility, and will not be liable for any damages to, or viruses that may infect your computer equipment or other Property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video, or audio from the Site or from any links available on the site.
6.3. Parts of this Website offer an opportunity for users to post and exchange opinions and information in certain areas of the Website. Historic Auctions does not filter, edit, publish or review comments prior to their presence on the Website. Comments do not reflect the views and opinions of Historic Auctions, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by Applicable Laws, Historic Auctions will not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this Website.
6.4. Historic Auctions reserves the right to monitor all comments and to remove any material which can be considered inappropriate, offensive or causes breach of these Terms.
We update our web site regularly and so may change the content at any time. If the need arises, we have the option to suspend the site or to close it indefinitely.
We collect, process, store and use information about you in accordance with our privacy policy. You consent to such collection processing, storage and use of your information you warrant that all data and information provided by you is accurate.
9.1. Contracts in relation to the sale of any article advertised on our web site are governed by the Bidder/Buyer’s Terms & Conditions, General Terms and Conditions of sale for E-commerce, Auction Consignor’s Terms & Conditions and E-commerce Vendor’s Terms & Conditions.
9.2. These will be displayed on our Website.
10.1. Users will not be entitled (nor will they assist others) to set up links from their own websites to any Historic Auction’s Website (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of Historic Auctions.
10.2. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.1. We may provide information about or links to third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”).
11.2. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party that provides the Third-Party Content.
11.3. Historic Auctions does not control or endorse, and makes no representations or warranties whatsoever regarding, any Third-Party Content, and your use of such Third-Party Content is solely at your own risk.
Historic Auctions Logo and App icon are our registered trademarks or marks for which registration has been applied for.
12.2. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Historic Auctions and our affiliates without express written consent.
12.3. You may not use any Historic Auctions or affiliate logo or other proprietary graphics or trademark as part of the link without our express written permission.
13.1. Unless otherwise noted, all information, text, articles, data, images, or other materials contained on any page within this Site are copyrighted by Historic Auctions or a third party (the “Copyright Holder”).
13.2. Title to such copyrighted materials will at all times remain with the Copyright Holder. You may not edit, modify, or make commercial use of such copyrighted materials without the express, prior written consent of the Copyright Holder.
13.3. You may only use, download, or copy any materials contained on the Site for informational and non-commercial or limited personal use in accordance with these Terms.
13.4. You may not reproduce, distribute, or retransmit the information contained on this Site for any other purpose.
13.5. Historic Auctions may revoke any of the foregoing rights, as well as any access and use authorizations granted to users of the site at any time without any prior notice.
14.1. If any clause, provision or section of these Terms, or any covenant, stipulation, obligation, agreement, act or action, or part thereof, made, assumed, entered into or taken under these Terms is for any reason held to be illegal, invalid or inoperable, such illegality, invalidity or inoperability will not affect the remainder thereof or any other clause, provision or section, or any other covenant, stipulation, obligation, agreement, act or action or part thereof, made, assumed, entered into or taken there under or hereunder.
15.1. Any dispute arising out of or relating to these Terms, including any question regarding its existence, validity, breach or termination, will be referred to mediation under the Indian Arbitration & Conciliation Act, 1996.
15.2. If a settlement is not reached within 60 days after service of a written Request for mediation, any unresolved dispute or claim arising out of or relating to these Terms (including any question regarding its existence, validity, breach or termination) will be referred and finally settled under the Indian Arbitration & Conciliation Act, 1996.
15.3. The Arbitral Tribunal will consist of a sole arbitrator selected with the mutual consent of both the parties and the language of the arbitration will be English.
15.4. The seat of the arbitration will be in Mumbai. The decision of the arbitrator will be binding on the Parties and may be enforceable in the competent court of law.
15.5. These Terms will be governed by and construed in accordance with the laws of India. Irrespective of any clash or overlap of legal provisions of your actual state or country of residence, you consent to the exclusive jurisdiction of the Indian Courts of the state of Maharashtra situated in Mumbai.
If you have any concerns about material which appears on our site please contact Historic Auctions on contact@historicauctions.com
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