Auction Rules and User Agreement
On accessing www.smartsourcingonline.com,
the site of MMCG (Materials Management Consulting Group), you automatically enter
into the user agreement on the terms and conditions set out below. This Agreement
applies for an indefinite term.
- User Registration:
Auction on the site
is available only to individuals and businesses who can enter into legal contracts.
Persons registering warrant that they provide accurate information. MMCG reserves
the right to disapprove your registration or terminate your use of the site for
any reason at any time.
- User name and Password:
You are solely responsible
for all use and for protecting the confidentiality of your user name and password
and e-mail address.
- www.smartsourcingonline.com is only a Venue: The Site is only a venue
for registered sellers to conduct sale of industrial goods, and for buyers to make
offers on such property. MMCG is not involved in the actual transactions between buyers and
sellers and therefore, no control over the quality, safety or legality of the items
advertised the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. In the event
that you have a dispute with another User (whether a buyer or seller), you hereby
release MMCG, its directors, officers, employees and agents from and against
any and all claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspect and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. In no event will MMCG be liable
for any damages or losses experienced through the use of this website regardless
of whether MMCG knew or should have known of the possibility of such damages
or losses.
- Warranty:
MMCG is an auction/materials
management service. We are not responsible for the merchantability or fitness of
any item on this service. The buyer and seller assume all risk associated with the
use of this system. MMCG is not responsible for any damages, including damages that result
from, but are not limited to negligence. MMCG
will not be held responsible
for consequential damages, including but not limited to: system problems, inability
to use the system, loss of electronic information which affect the auction, acts
of god, nor any other act beyond our reasonable control. Users of MMCG agree to indemnify and
hold harmless, MMCG,
its owners and agents for any incident of loss or damage as
a result from using this system.
- No shill bid:
Sales price manipulation
of any kind directly or indirectly by communication with other buyers as well as
by shill bidding is prohibited.
- Taxes: You acknowledge and
agree that MMCG
does not take any responsibility to calculate report or remit
sales or any other taxes which may be assessed or owing to the Taxing Authorities
of any jurisdiction for transactions that arise in connection with the use of the
site.
- Changes:
MMCG may, in
its sole discretion, change, add or remove any portion of this Agreement, at any
time, by posting a new Agreement to the Site. Your continued use of the Site after
changes are posted will constitute your agreement to such changed Agreement.
- Deemed Agreement:
Any person who accesses
this site to buy, sell or bid for goods or to use the other services are deemed
to have accepted the terms and conditions of this agreement and be further bound
by the Disclaimer.
- Online Bidding Event(OBE):
An Online Bidding Event
(OBE) is essentially a process for price determination through an online, real time
and competitive interaction between participants who bid (bidders). On-line Bidding
Events initiated by the buyer are known as Reverse Auctions and those initiated
by the seller are known as Forward auctions
Disclaimer
MMCG (www.smartsourcingonline.com) functions exclusively as an information intermediary
between those who initiate Online Bidding Events (Buyers of Capital Goods/Projects,
Direct & Indirect Materials, Consumables , Industrial services etc in a Reverse
Auction and Sellers of new and/or pre-owned machinery, equipment, plant ,scrap or
other surplus asset in a Forward Auction) and those who respond to such events by
participation (Bidders interested in Selling such items in a Reverse Auction and
bidders interested in buying such items in a Forward Auction) . As an intermediary, MMCG
makes no
warranty, express or implied, of any of the listed Item's merchantability and/or
fitness for a particular purpose. All specifications and descriptions quoted herein
are representations of those who initiate the Online Bidding Events and
MMCG accepts
no responsibility for any errors or omissions. All of the Items offered herein are
subject to prior sale or withdrawal by the owners. All buyers and sellers who are
exposed to each other through this site must exercise normal commercial caution
in mutual dealings and MMCG accepts no responsibility for any wrongdoing by any side.
Privacy
www.smartsourcingonline.com
intends to give you as
much control as possible over your personal information. You may visit this site
without telling us who you are or revealing any information about yourself. Some
times, however, we may need information from you, such as your name and address.
If you choose to give us personal information via the Internet so that we may correspond
with you, or provide services to you, it is our intent to let you know how we will
use such information. If you tell us that you do not wish to have this information
used as a basis for further contact with you, we will respect your wishes. We do
not sell mailing lists to anyone. Your address and other information will be provided
to other parties purely for the purpose of business transactions. We sometimes keep
track of the domains from which people visit us. We analyze this data for trends
and statistics, and then we discard it. If you have any questions or comments about
our privacy practices, you can contact us at
mmsconsultants@hotmail.com.
Rules for Advertiser
MMCG shall not
be held responsible for any advertiser's claims, error, omission or inaccuracy in
advertising material, and has the right to omit, suspend or change the position
of any advertising material submitted for insertion.
Registration and
Access
Each registration is separate for every
user. To access certain parts of the Site you are required to enter your individual
User Name and Password. Therefore we do not permit any of the following:-
- Sharing your User Name and Password.
- Any part of the Site
being cached in proxy servers and accessed by Individuals who have not registered
with www.smartsourcing.com as users of the Site.
- Multiple users on a network accessing through a single User Name and password.
If we have reason
to believe that a User Name and Password are being used in any of these ways, we
reserve the right to cancel access rights immediately without notice, and block
access to all users from that IP address.
Right to change the
Agreement
Changes, if any, will be posted
to our site
http://www.smartsourcingOnline.com and it is your responsibility as a user to refer to the terms
on accessing this service. Any changes made by us after the first posting will have
to be accepted if you continue to access the Site after that time.
Force Majeure
MMCG shall have
no liability to you for any interruption or delay in access to the Site irrespective
of the cause.
Indian Law
The Agreement will be
governed by Indian Law. The Chennai courts will have exclusive jurisdiction over
any disputes arising under this agreement
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