If you do not agree to these Terms, you may not access the Site and the Services made available by the Site. By accessing or using the site and its Services, you represent and warrant that you have right, authority and capacity to enter into this contract and abide by these Terms; and are not prohibited by any law or by us from accessing or using our Site and its Services, whether or not you are a user registered on our Site.
2.1. “User” is a Buyer, Seller and other person who uses the Site to get the Services provided herein. “You”, “Your” and “Yours” refer to the User of this Site and Services. “We”, “Us”, “Our” and “Ours” refer to the owners and operators of ‘Ironlist’ Site.
2.2. “Content” means and includes text, images, photos, videos, graphics, audios, location and all the other data available on the Site. “Your Content” and “User Content” means content you post, advertise you submit or transmit to or in connection with Site. “Our Content” means the content that we have/will made available in connection with this Site. “Third Party Content” means and includes the content made accessible by and through third party links and advertisements on this Site. “Ironlist Content” or “Site Content” means all the content that is made available or and in connection with the Site, including “User Content”, “Third Party Content” and “Ironlist Content”.
2.3. “Buyer” is a User who wants the listed Machinery or Machineries by purchasing, on rent or by participating in auction. “Seller” is a User who has listed their Machinery/ Machineries to be given by selling, on rent or by auctioning.
2.4. Services means the facilities of listing, buying, selling, auctioning and payment platform made available by us on the Site.
3. Your use of our Site
3.1. Eligibility of accessing/ using Site:
3.2. Your Access:
You may use the site by creating an account and registering with us as a User. By creating account you can access the Services of buying, selling, renting and auctioning your Machineries. When you create account, you will be asked to give your information to us which will be necessary for us to have in order to do required transactions and communications with you. You agree to provide true, accurate, complete and updated data about yourself (“Account Information”). You also agree to update your Account Information timely and keep it accurate and updated.
4. Your Account
Registration is required for using some of the important features of our Site. However, allowing or not allowing a registration or terminating/suspending a registration can be done at our own discretion.
4.1. Registering as a Buyer:
We provide a platform for you to check the availability and other details about used and unused Machineries available for selling, buying, renting and auctioning. In order to avail Services of purchasing, getting on lease or bidding for the Machineries listed on the Site by registering as a Buyer.
4.2. Registering as a Seller:
You can use the Site for listing your used and unused Machineries for sale, rent or auction. You can list your Machineries by registering with us as a Seller. For registering as a Seller, you have to create an account with us on our Site.
When you register as a Seller, you will be charged for the sale of your Machinery through lead(s) generated by us. You agree to pay us according to Sellers’ plan. You can either opt for ‘Pay Per Lead Plan’ or for “Subscription Plans’.
5.1. Subscription Forms:
We capture details of site visitors’ subscriptions and preferences to services such as Notifications, Equipment/Product/Supplier Alerts and eMagazines.
5.2. Pay per Lead Plan:
If you opt for this plan, you will be charged according to the number of sales you have made to the leads generated by us. According to this plan, the amount you’ll be liable to pay to us shall be approx 5 $ or 500 INR of the total amount of the sale. The payment shall be made on the day, when the lead is accepted by you. The details of leads shall be revealed to you on successful payment of the amount to us.
5.3. Subscription plans:
When you choose to avail lead generation by us for a specific period, you may choose to subscribe to our plans as mentioned below. If you choose to avail our Services by paying according to this plan, the amount payable to us shall be fixed according to the plan selected by you. The billing cycle in this plan will be monthly. If you wish to discontinue with any of the plan or our Services, you are required to inform us about the same at least 30 days prior to the commencement of the billing period.
6. Opt out
If you are a seller, and you want to discontinue being listed on our site, you have an option to opt out. You can send us a mail or use a feature available on our Site to request us to remove your listings and discontinue with listing further on our Site. Upon receipt of the request, we shall proceed ahead after completing pending transactions.
7. Payment And Refund
We do not provide our own payment platform on our Site. Payment will be a matter solely between the Buyer and the Seller. The method, medium and conditions of payment shall be according to conditions mutually decided by the Buyer and the Seller.
Sellers/vendors may pay the amount to list their equipment/items on the website or get premium service and more visibility.
It is understood that seller/vendors have made judgement to list their equipment hence once payment is done there will not be any refund. But if we were unable to list the equipment on our website as offered during purchase we may consider for refund and We will immediately notify you on the status of your refund after reviewing the case. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
8. Policies and conditions
When you register on our Site, your use of our Services after registration by you shall be subject to the below mentioned conditions.
8.1. Conditions for Sellers:
As a Seller, you agree that,
8.1.1. You have legal capacity and authority to sell the Machineries and you are authorized to enter into the agreement for Selling the listed Machinery, and you are not an insolvent.
8.1.2. The listing information i.e. information regarding the Machinery intended to be sold (“Listing Information”) is accurate, updated and true to your knowledge.
8.1.3. The Machinery you have listed is in your legal possession and must not be stolen, counterfeit, of low quality or fraudulently taken into your possession. The Machinery is free from all the liabilities and claims except as specifically informed by you to us in writing prior to registering. All the rights, title and interest in the listed Machinery are with you.
8.1.4. You agree not to withdraw/ cancel your listing after a User is interested in your machinery for buying or taking on rent. If you withdraw/ cancel the payment after the User contacts us on the basis of your listing, you will be liable to pay the amount of damages suffered by the User and compensation of _____$ to us for loss of our goodwill.
8.1.5. You will deliver the Machinery to the Buyer on the Delivery time as mutually decided by you. Also, you will do nothing in reference to sale of your Machinery which may result in loss to our reputation, Services and profits.
8.2. Conditions for Buyers:
As a Buyer, you agree that,
8.2.1. Once you place an order, it can’t be cancelled or reverted back. However, if required, you can do this by complying with the conditions set by your Seller in this regard. If there are no specific conditions, the matter shall be mutually decided by you and the seller.
8.2.2. We are not liable for delivering the Machinery. The delivery of the Machinery shall take place from Seller’s premises.
8.2.3. In event of cancellation of purchase after the Seller has paid amount to us, you will agree to pay the same amount to the Seller on our behalf, unless otherwise agreed by you and the Seller. We are not liable to pay any amount to you or the Seller in such situation.
8.3. Link to auction page:
We will be providing a direct link to ‘Auction Page’ on your request. However, providing such link shall beat our sole discretion. Auction link will be provided on our site without charging any amount.
We will be only providing the link to such page. We are not liable for any concerns arising out of happening or not happening of such auction.
9. Delivery of the Machinery
Machinery shall be delivered from the Seller’s premises. Our duty comes to an end after provide Buyer’s information to the seller and collect the payment. The delivery of Machinery shall take place according to conditions as mutually agreed upon by the buyer and Seller. We will not be liable for any dispute arising in relation to delivery of Machinery.
10. Content on the site
Your content will be available on the Site as information about you and your listing. The content you provide should not be written intentionally to mislead public. All the content provided by you shall be true and accurate. When you provide us your information, or post your information as Site content, you accept risk associated with same. We have right to remove any of your content for any reasons including without limitation, the content being misappropriate, false, misleading, unlawful or other justifiable reasons.
11. Purpose of Use
We grant every user right to use the content available on the Site and have access to the Site and its Services subject to all applicable laws and these Terms. You may not use the Site, its Services and content provided by us for any purpose that is unlawful or prohibited by these Terms. They are offered solely for User’s personal use for the purposes described in the Terms.
(i) take action regarding suspected illegal activities;
(iii) comply with legal process or other government inquiry;
(iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
13. Third party links
This Site may have links that lead to third party websites or applications (“Third Party Site”). These links are put for the purpose of providing requested Services only. We do not control or endorse any Third Party Site. We do not verify the content or products of the Third Party Site. Relying on content and Services of the Third Party Sites or using them will be on your own risk. You agree that we are not responsible for the availability or contents of such Third Party Sites.
14. Our rights
Your use of this site is subject to certain conditions. We have some rights which we can enforce during your use of our Site and Services. We have right to terminate/cancel your registration, terminate this agreement, refuse/ remove some or all content/Services/features available on our Site, remove or edit content, cancel or delete your listings or suspend your access to certain Services provided through our Site for any appropriate reason with/without giving you notice in advance.
15. Intellectual Property Rights
The content on the Site including but not limited to text, graphic, software, game, features, material, audio and video content and the like, unless otherwise stated, is subject to Intellectual Property Rights of Ironlist under applicable laws. You must not repost, republish, reproduce or copy any of the content without our express written prior permission. You must also not sell or distribute content to third parties, prepare derivative works or otherwise exploit this content. Any act on your part doing the acts prohibited by this clause will amount to infringement of our Intellectual Property Rights. Except as otherwise set forth herein, no license is granted to User for any other purpose, and any other use of the Site and Site content by user shall constitute a material breach of this Agreement. Ironlist retains all rights in the Site and content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any Trademark or Intellectual Property of us or any third party is granted to any party under these Terms.
If you believe that material located on or linked to by Ironlist violates your copyright, you are encouraged to notify us on [email protected]
in accordance with the Digital Millennium Copyright Act (“DMCA”). We will respond to all such notices, including if required or appropriate by removing the infringing material or disabling all links to the infringing material.
17. Modification and amendments in these terms
We may, from time to time, in our sole discretion, with or without notice amend, update or modify these terms at our sole discretion. Such amendments, updates or modifications will be effective when published on or through the Site. It is your sole responsibility to check and review these Terms regularly. Your continued access or use of this Site after any such modifications or amendments shall indicate your acceptance to continue to be bound by the Terms as modified or amended.
18. Limitation of Liability
We, through our Site, provide to you a platform for listing your Machineries in order to find Buyers and to search for availability Sellers of the Machinery according to your requirements. We are not liable for any dispute arising out of transaction pursuant to buying or selling the Machinery listed on our Site. All such disputes are to be settled by parties inter se. All the warranties, express or implied of any kind, including without limitation the implied warranty if merchantability, fitness for a particular purpose and non-infringement are disclaimed by us. We merely endeavor to provide a platform where you and other party can avail our Services. We do not make any claim or representation with respect to any third party, such as Buyers, Sellers or advertisers on our Site. We are also not liable to you for any loss or damage that might arise from their actions or omissions, including without limitation, listing without availability, cancellation/withdrawal of listing, false or misleading information about Machinery provided by Sellers. Your purchase or sale through Services of this Site is at your own discretion and you agree to accept all the risks associated with the same. We will not be liable to any loss or damage arising out of your use of our Site and the Services. However, we shall try our best to cooperate and help you in reaching to the conclusion of any matter to a reasonable extent.
19. Disclaimer of warranty
We are concerned about your needs but we can’t guarantee complete and error free Services by us. We are here to make all the reasonable efforts that the Site and its Services are accurately available and assessable for everyone at all the time. However, we shall not be held responsible for any trouble faced by you during your use of the site and its Services due to circumstances out of our control. The Services, Machineries and information contained in or accessible through our Site are provided on ‘as is’ basis without any kind of warranty. You understand that the product, Service, information or other content you access through our site is at your own discretion and risk. We disclaim all the warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We also disclaim all the warranties for the quality and availability of Services and the discount by the restaurant you choose via our Site and Services.
20. General Representation and warranties
You represent and warrant that,
20.2. Your use of this Site will not infringe or misappropriate Intellectual Property Rights or any other proprietary right of any other third party.
21. Applicable laws and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of subject matter of these terms shall be governed by the competent courts of Ahmedabad , India.
22. General clauses
If any provision in the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall remain in full force and effect and enforceable.
22.2. Force Majeure:
We shall not be liable for any failure to perform obligations hereunder due to any cause beyond our reasonable control including but not limited to mechanical, electronic or communications failure, degradation, natural calamity, civil disturbance or other unforeseeable act that cannot be prevented by the reasonable efforts by Ironlist.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We hold right to assign, transfer, sub-license or delegate any of the rights and obligations hereunder without your consent.
22.4. No Agency:
22.5. No waiver:
Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure on our part in exercising in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.