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.This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.srishienterprising.com website.

User Agreement

Your use of Srishi enterprising website {including www.srishienterprising.com} (hereinafter referred to as “the Website”) and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website. This User Agreement for the Website shall be with Srishi enterprising a company incorporated under Companies Act, 1956 with registered office at D-10 Third floor, South Extension Phase II, New Delhi 110049. These terms and conditions constitute your binding obligations towards these respective contracting entities (hereinafter individually and collectively referred to as “SRISHI ENTERPRISING”). 

Amendments: SRISHI ENTERPRISING may amend this User Agreement and/or SRISHI ENTERPRISING Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via SRISHI ENTERPRISING Website. The revised version will be effective at the time SRISHI ENTERPRISING posts it on the Website. In addition, if the revised version of this User Agreement includes a Substantial Change, SRISHI ENTERPRISING will provide you with 30 days’ prior notice of such Substantial Change/s by the Notification Preferences provided by You to SRISHI ENTERPRISING. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in SRISHI ENTERPRISING Rules and Policies. For the purpose of this User Agreement, the term “Substantial Change” means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by SRISHI ENTERPRISING Rules and Policies as provided from time to time in the following hyperlinks:

  1. SRISHI ENTERPRISING Rules and Policies.
  2. SRISHI ENTERPRISING Privacy Policy.
  3. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. SRISHI ENTERPRISING reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to SRISHI ENTERPRISING’s notice or if it is discovered that you are under the age of 18 years. 

  • Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
  • Guest User: If you are transacting as a Guest User, there may be certain restrictions on you as a Guest User.
  1. Electronic Communications 
    When You use the Website or send emails or other data, information or communication to SRISHI ENTERPRISING, You agree and understand that You are communicating with SRISHI ENTERPRISING through electronic records and You consent to receive communications via electronic records from SRISHI ENTERPRISING periodically and as and when required. SRISHI ENTERPRISING will communicate with You by email or electronic records on the SRISHI ENTERPRISING Website which will be deemed adequate service of notice / electronic record.
  2. Use of the Website 

3.1. You understand and agree that SRISHI ENTERPRISING and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by SRISHI ENTERPRISING.

3.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  1. “Your Information” is defined as any information you provide to us or other users of the Website (“Users”) in the registration (as Registered User or as Guest User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information. 
  2. Your Information (or any items listed):Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information..You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: 

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; 

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

(j). shall not be false, inaccurate or misleading; 

(k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 

(l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

(m) shall not link directly or indirectly to or include descriptions of items, goods or services that: 

  • are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under; 
    •are identical to other items you have up for auction but are priced lower than your item’s price, the reserve price of the item or minimum bid amount;
    •are concurrently listed for sale on a web site other than the Website;
  1. Solely to enable SRISHI ENTERPRISING to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. SRISHI ENTERPRISING will only use Your Information in accordance with the User Agreement and SRISHI ENTERPRISING’s Privacy Policy. 
  2. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. 
  3. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform SRISHI ENTERPRISING of the same. 
  4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (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/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside India. 
  5. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
  6. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://pages.SRISHI ENTERPRISING.in/help/policies/privacy-policy.html. If you object object to your Information being transferred or used in this way please do not use the Website.

  1. Your Consent:

By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by SRISHI ENTERPRISING in accordance with SRISHI ENTERPRISING Privacy Policy. http://pages.SRISHI ENTERPRISING.in/help/policies/privacy-policy.html7. Breach Without limiting other remedies, SRISHI ENTERPRISING may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to: 

  1. If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference; 
  2. If SRISHI ENTERPRISING is unable to verify or authenticate any information you provide; or 
  3. If it is believed that your actions may cause legal liability for you, other Users or SRISHI ENTERPRISING. SRISHI ENTERPRISING may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with SRISHI ENTERPRISING or use the Website in any manner whatsoever until such time that such User is reinstated by SRISHI ENTERPRISING. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, SRISHI ENTERPRISING reserves the right to recover any amounts due and owing by you to SRISHI ENTERPRISING and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
  4. Feedback 

We encourage Registered users on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said users. After you conduct a transaction, if applicable, we encourage you to leave feedback for the user that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. SRISHI ENTERPRISING will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents. You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, SRISHI ENTERPRISING reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website. Export – You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by SRISHI ENTERPRISING, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website. Import – We do not provide the technical ability to allow you to import feedback from other websites to SRISHI ENTERPRISING because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. 

  1. No Warranty 

SRISHI ENTERPRISING and its suppliers, affiliates and service provider provide the Website and services and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk. 

  1. Limitation of Liability 

In no event shall SRISHI ENTERPRISING or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). SRISHI ENTERPRISING’s liability in any circumstance is limited to the amount of fees, if any, paid by you to SRISHI ENTERPRISING. SRISHI ENTERPRISING, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website  will be error free and/or uninterrupted. Consequently, SRISHI ENTERPRISING assumes no liability whatsoever for any monetary or other damage suffered by you on account of: 

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; Rules and Polices which are incorporated by way of reference in this Agreement.
  2. Any interruption or errors in the operation of the Website.  You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SRISHI ENTERPRISING has been advised of the possibility of such damages). 
  3. Indemnity

You shall indemnify and hold harmless SRISHI ENTERPRISING and (as applicable) SRISHI ENTERPRISING’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, SRISHI ENTERPRISING Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party. 

  1. General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and SRISHI ENTERPRISING and you shall have no authority to bind SRISHI ENTERPRISING in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of SRISHI ENTERPRISING to SRISHI ENTERPRISING India Private Limited Attn: SRISHI ENTERPRISING (in the case of SRISHI ENTERPRISING) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.This Agreement sets forth the entire understanding and agreement between You and SRISHI ENTERPRISING with respect to the subject matter hereof.In SRISHI ENTERPRISING’s sole discretion, SRISHI ENTERPRISING may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that SRISHI ENTERPRISING assigns the Agreement on the same terms or terms that are no less advantageous to You.

12A. Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.

  1. Arbitration

If any dispute arises between you and SRISHI ENTERPRISING during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by SRISHI ENTERPRISING. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. 

  1. Governing Law 

The User Agreement, or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of Information Technology Act, 2000 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.