Terms Of Use

1. This website and the brand SaltScout is conceptualized and operated by Escalar Cart Pvt. Ltd., a company incorporated under the Indian Companies Act, 2013 and having its registered office at 603/604,6th Floor, Plot-99, Niranjan Building, Bhagwandas Todi Bal Udyan Marg, Marine Drive, Mumbai – 400 002. Escalar Cart Pvt. Ltd. and SaltScout are collectively referred to as “SaltScout”, which term shall be deemed to mean and include all its successors and assigns.

2. These Terms and Conditions, together with the Abridged Terms and Conditions, Privacy Policy [available at https://saltscout.com/page/privacy-policy], Disclaimer [available at https://saltscout.com/page/disclaimer], specific Item (defined below) related terms and any other terms, appendices, payment policy, and terms of use referred to in any of those documents, constitute a legally binding agreement, as amended, supplemented, varied or replaced from time to time (“Agreement”) between SaltScout and the “User”, i.e. any natural or legal person (including their heirs, administrators, successors and assigns) who has visited and/or registered itself/themselves on the SaltScout website and domain name www.saltscout.com (“the Website”) and consequently includes those Users that have placed a bid on the Website (“Bidder”), including the highest bid accepted by SaltScout (“Winning Bidder”).

3. This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under, including the Information Technology (Intermediaries Guidelines) Rules, 2011 (as applicable and as amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures. The acceptance of the Agreement, including these Terms and Conditions is a prerequisite to the usage of the Website and by using the Website in any manner whatsoever, the User confirms his/her/its acknowledgement and acceptance to the Agreement and agrees to be bound by the same as it would any other contract and/or legally binding agreement.

4. The use of the Website is available only to persons competent to contract as specified under the Indian Contract Act, 1872 and all persons incompetent to contract, including minors, are ineligible to use the Website. The acceptance of these Terms and Conditions necessarily implies that the User is not under the age of 18 years and shall not bid for any item on the Website, otherwise than through a guardian who is competent to contract. SaltScout reserves the right to terminate any registration and/or refuse access to the Website if at any time it is discovered that a user is below the age of 18 years and/or otherwise not competent to contract in terms of the Indian Contract Act, 1872.

5. So long as the User complies with the Agreement, including these Terms and Conditions, the User is granted a personal, non-exclusive, non-transferable and limited privilege to enter and use the Website.

6. If at any time prior to placing a bid, the User does not wish to be bound by the Agreement, including these Terms and Conditions, the User may reject the same by emailing SaltScout at hello@saltscout,com. Additionally, any such User is not to use the Website and/or place a bid and/or participate in any auction and/or avail of any services in relation to the Website.

Registration

7. SaltScout requires registration for those Users who wish to submit bids on products and experiences available for auction on the Website (“Items”). When registering, the User will be required to provide certain information, including [a] name; [b] email address; and [c] mobile number, which will be subject to verification by OTP. At the time of bidding, the User would also be required to confirm that he/she is above the age of 18 years.  Users would also be provided with an option to enter in a username and password, or to log-in to the Website using his/her google or facebook credentials.

8. By registering with SaltScout, the User accepts that:

a. the information provided is complete, true and correct;

b. it is the User’s responsibility to promptly inform SaltScout, by emailing SaltScout at hello@saltscout.com, of any change in the aforesaid information;

c. SaltScout may suspend and/or terminate any User account should it have reason to believe that the information provided is incomplete and/or false and/or an impersonation of any nature whatsoever;

d. the User is responsible for maintaining the confidentiality of the login information and password and will not hold SaltScout responsible for any failure and/or delay on the part of the User to [i] intimate SaltScout of any unauthorised use and/or breach of security of the account; or [ii] log out of the account promptly at the end of each session.

9. To be recognised as a registered member and to be able to bid on Items, the User will be required to login using the login credentials set up at the time of registration. At this time, the User may be alerted to optionally have the User’s login credentials remembered on the Website to expedite future logins. Should the User choose to exercise this option, the User accepts that cookies would be placed on the User’s browsers.

Auction

10. Items have been obtained by SaltScout from various sources for auction on the Website. The net auction proceeds (including but not limited to all relevant fees, taxes, charges and/or any other requisite payments of any nature whatsoever, as also a sum of the total auction proceeds to be retained by SaltScout for providing its services) (“Net Auction Proceeds”) shall be donated for charitable purposes to various entities and/or individuals (“Social Causes”). Each Item displayed / offered / put up for auction shall be accompanied with:

a. a brief description of the Item;

b. the bidding period for which each Item shall be kept open for bidding, as may be modified at any time by SaltScout, without notice;

c. the bidding process as applicable to each Item;

d. a disclaimer applicable to that Item; and

e. the Social Cause to which the Net Auction Proceeds shall be donated.

11. Bidders shall only bid themselves and shall not use any software programs, bots, devices or any other form of external assistance to bid and/or place a bid. In the event that SaltScout has reason to believe that a User is using or attempting to use any such external assistance, the User’s right to participate in the auction shall stand forfeited and registration shall be cancelled.

12. Once the bidding period of any particular Item has come to an end as displayed on the Website, no further bids in respect of the same will be accepted.

13. The Winning Bidder shall be notified by SaltScout using the details provided at the time of registration. On being adjudged the Winning Bidder, the said Winning Bidder is deemed to have [a] entered into a legally binding contract of sale with SaltScout in respect of the particular Item; and [b] warranted that:

i. he/she/it accepts full responsibility to pay not only the auction amount (that he/she/it had bid) but additionally, all applicable taxes, plus any additional charges relating to shipping, storage, insurance, import-export permissions and bank transfer fees and/or any other applicable costs; and

ii. all information submitted is true and accurate (including without limitation the Winning Bidder’s credit card number and expiration date).

14. For all bids, SaltScout’s decision is final and SaltScout will have absolute discretion to choose, accept or reject bids, at any time prior to the delivery and/or enjoyment of the Item, without assigning any reason whatsoever. In the event of a dispute, SaltScout reserves the right to re-offer the Item and determine the Winning Bidder for the Item.

15. Notwithstanding anything set out in the Agreement, SaltScout reserves the right to call-in and/or withdraw any Item at any time whatsoever, whether before, during or after the auction, for any reason whatsoever. In the event of a call-in after the completion of payment by the Winning Bidder, SaltScout will refund the monies paid to the Winning Bidder within a period of 30 days from the call-in and/or withdrawal of the Item and SaltScout will have no further and/or other liability, towards the Winning Bidder, whatsoever.

Terms of Sale

16. All Items are auctioned by SaltScout strictly on an ‘as is, where is’, ‘as is, what is’, ‘with all faults’ and ‘as available’ basis.

17. User accepts the authenticity of the product, as made available by SaltScout.

18. Items available for auction on the Website may not be in the physical possession of SaltScout and may be physically located anywhere in the world.

19. Subject to Clause 50 below, the title in the product will pass to the Winning Bidder only on receipt of full payment and requisite documentation and until such time, the product will be retained with SaltScout. At no point do the intellectual property rights in the Item, pass to the Winning Bidder.

Terms of Payment

20. As stated above, once the bidding period comes to an end, SaltScout will inform the Winning Bidder by way of email only, which may be sent within a period of 3 working days (as applicable in India).

21. The Winning Bidder is required to make full payment within 3 working days (as applicable in India) of receipt of the email intimating him/her/it of having successfully won the auction (“Intimating Email”). The Intimating Email will contain [a] the proforma invoice (in Indian Rupees only); [b] requisite documents as may be required for verification, including PAN card (or equivalent) and government issued address proof; and [b] payment details for payment to be effected either by cheque or bank transfer. Such payment, per the invoice, would include not only the auction amount but also additional charges relating to import-export permissions, import related costs as may be applicable, bank transfer fees and/or any other applicable costs.

22. All invoices will be raised by SaltScout based on the registration information provided by the Winning Bidder. Payments will be accepted only from the Buyer so registered. In the event that a payment is sought to be made by anyone other than the registered User, SaltScout must be informed of the same promptly by email before the expiry of 3 working days (as applicable in India) from the date of the Intimation Email. Such cases may result in a processing delay until such time SaltScout confirms that such variation from the registration details is acceptable and the same is verified with such documentation as SaltScout considers fit.

23. In case the Winning Bidder is unable to effect payment within three [3] days, he/she/it may request SaltScout at hello@saltscout.com for an extension of time to effect such payment.

24. Applicable exchange rates would be determined as on the date of the bid closing. The price of each Item shall ‘rounded off’ for ease of reference and does not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.

Non-Payment

25. In the event that the payment is not received within three [3] working days (as applicable in India) or within such time as extended by SaltScout, SaltScout reserves the right to cancel the bid without prior notice to the Winning Bidder. At its discretion, SaltScout may also commence legal proceedings against the defaulting winning bidder to ensure that the obligations under the Agreement are fulfilled and for any damages caused to SaltScout.

26. In the event of such non-payment and cancellation of the bid at SaltScout’s discretion, SaltScout also reserves the right to [a] declare the second highest bidder to be the Winning Bidder; or at its discretion [b] re-offer the Item for auction on the Website. In either event, the original winning bidder will be liable to bear any and all financial loss borne through the process of re-auction and/or sale to the second-highest bidder, including any monetary shortfall between the original amount fetched at the auction and the new price as well as all losses related to commissions, shipping, insurance and storage charges, legal fees and all applicable taxes. Due credit will be given for any part payment made by the original winning bidder.

27. Additionally, SaltScout also reserves the right to initiate such legal proceedings as it deems necessary and as advised to ensure execution of the contract of sale.

Shipping and Delivery

Products

28. The information provided by the User (adjudged as Winning Bidder) during registration, as may be amended, shall be deemed to be the final shipping address for delivery of the Item, unless specific instructions to the contrary are indicated by the Winning Bidder within three [3] days of the Intimating Email.

29. No product will be shipped until receipt of [a] full payment from the Winning Bidder, including additional charges; and [b] complete documentation (relating to transportation, tax, etc.) as may be reasonably requested by SaltScout.

30. In all cases, SaltScout, in its discretion, engages various reliable and reputed couriers to pack, handle and deliver the products. Nevertheless, in the event of loss or damage to the Item of any nature whatsoever while in transit, the Winning Bidder acknowledges and confirms that SaltScout is not liable for any such loss or damage and the Winning Bidder shall not claim any sum whatsoever from SaltScout whether by way of costs, losses or damages as the same is entirely independent from the original contract between SaltScout and the Winning Bidder.

31. The Winning Bidder agrees that it shall accept the proceeds of an insurance claim that may be settled/sanctioned by SaltScout’s insurance company by its policy in full and final settlement.

32. Items exported from India will be done in compliance with the export and foreign exchange laws of the country. Similarly, when importing works into a country, it is the Winning Bidder’s responsibility to check on any import restrictions or applicable duties before confirming a shipping location. While SaltScout will assist with both shipping and export, it is the Winning Bidder’s responsibility to be aware of all import and export regulations and obtain and necessary licenses or permissions.

33. The Winning Bidder may elect to collect the Item, in person, from SaltScout’s registered office address [see clause 1 above] at a time pre-approved by SaltScout, within a period of 2 weeks of SaltScout receiving full payment including any additional charges. In the event that the Winning Bidder does not collect the Item within a period of 2 weeks, storage and insurance costs will be applicable and will be determined at SaltScout’s discretion.

Experiences

34. Where the Item auctioned is in the nature of an experience, SaltScout will in the Intimating Email, provide the necessary details, including the place and time of enjoyment. While SaltScout will make every effort to accommodate the Winning Bidder’s preferences, it makes no assurances and/or guarantees in respect of the same. In all cases, full payment is required to be effected within a period of three [3] days from the Intimating Email, failing which the consequences at paragraphs 25, 26 and 27 will apply.

Registered Antiquities and National Art Treasures

35. Certain products are non-exportable and cannot be removed from India, including:

a. products classified as National Treasures under the Antiquities and Art Treasures Act of 1972;

b. products registered with the Archaeological Survey of India; and

c. products over 100 years old.

36. Products classified by the Government of India as antiquities are required to be registered with the Archaeological Survey of India and all changes in ownership, including that of the Winning Bidder is required to registered.

37. It will be the responsibility of the Winning Bidder alone to ensure full and absolute compliance with act, rules, regulations and guidelines in relation to all such products.

Limitation of Liability

Website Usage

38. SaltScout is not responsible for a loss of access to the Website and/or its services and/or any time lag between the time of placement and that of receipt of any bid due to failure and/or delay of network and/or heavy traffic in respect of internet connections and/or any other temporary hardware or software failure. SaltScout’s reserves the right to determine when online and mobile bids have been recorded.

39. While SaltScout takes every effort to ensure the accuracy and integrity of the Website and the information contained therein, there exists a possibility of human error and/or inaccuracies in the information provided and/or omitted. Any statement by SaltScout does not constitute a representation, warranty or assumption of liability of any kind. The use of the Website by the User is entirely at his/her/its sole risk. In the event that such an inaccuracy is observed, the User may inform SaltScout of the same by addressing an email to hello@saltscout.com so that the same may be rectified.

40. With respect to the above, SaltScout (including its directors and/or employees and/or affiliates and/or agents and/or representatives and/or subcontractors) shall not be liable for any loss and/or liability resulting, directly and/or indirectly, from this Agreement, delays or interruptions due to electronic or mechanical equipment failures, traffic congestion, obstruction of any public / private road, telephone interconnect problems, defects and for reasons of force majeure, which are out of SaltScout’s control, as may include but is not limited to weather conditions, earthquakes, floods, fire, other acts of God, and/or incidents of strike, lockout, walkouts, riots, armed conflicts, acts of war, acts of government, explosion, accident, civil commotion, riot, industrial dispute, bandh(s) instituted by any person including a political party, or other like causes. SaltScout shall have no responsibility to provide the User with access to the Website while such interruption is ongoing.

41. SaltScout shall, in no circumstances whatsoever, be liable for any direct and/or indirect and /or punitive and/or incidental and/or special and/or consequential damages and/or damages of whatsoever nature including but not limited to damages for loss of use, data or profits, goodwill and/or other intangible losses arising out of or in any manner connected with the use or performance of the website or its content, with the delay or inability to access or use the website or related serves, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the website or its content or otherwise arising out of the use or access of the website or use of the services, whether based on contract, tort, negligence, strict liability or otherwise, even if SaltScout has been advised of the possibility of damages. Any services or content made available or obtained through the use of the website and all other use of the Website is done at the User/s own discretion and risk and the User will be solely responsible for any damage to his/her/its computer system or loss of data that results therefrom.

42. The Website may include external and/or third-party links, including advertisements and it is the responsibility of the User and the User will be deemed to have acquainted himself/herself/itself with the privacy policies and terms and conditions of such third-party websites; SaltScout does not in any manner whatsoever vouch for and/or cannot in any manner be held responsible for the information set out therein.

43. Should the User at any time be dissatisfied with the services provided on the Website, its contents and/or the terms of use and/or this Agreement, as amended and/or modified from time to time, the only recourse available to him/her/it would be to discontinue the use of the Website.

44. Notwithstanding any provision contained in this Agreement, SaltScout is in no way liable for the condition of the Item.

45. SaltScout is not obligated to provide any physical preview of the Items either before, during or after the auction. In the unlikely event that SaltScout is of the view that there is a significant variance between the Item and the physical description and/or appearance on the Website, SaltScout will contact the Winning Bidder by email informing him/her/it of the same and will await a response for a period for 72 hours. If no intimation is received from the Winning Bidder, the transaction will be deemed to be complete and all consequences of the same will follow. Accordingly, the Winning Bidder will be required to make the necessary payment within a period of three [3] working days (as applicable in India) in accordance with the terms of payment set out above.

46. Occasionally, experiences may be cancelled and/or delayed and/or postponed for a variety of reasons. The User hereby agrees to and acknowledges that in all such cases, SaltScout will in no way whatsoever be held and/or considered and/or deemed to be responsible for the same.

Indemnity

47. The User hereby agrees to indemnify, defend and hold harmless SaltScout, its subsidiaries, successors, assigns and their respective affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

a. any violation of this Agreement, including these Terms and Conditions;

b. any violation of the law;

c. any violation by the User of the rights of third parties, including infringement of Intellectual Property Rights;

d. any activity related to the User’s account, whether by the User himself/herself/itself or any other person and/or entity accessing the User’s account without the User’s consent, unless such activity was caused by any action and/or omission by SaltScout.

This provision will survive any termination of this Agreement.

48. Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other remedies available in law, in the event of fraud, SaltScout shall be entitled to claim an appropriate sum towards damages and compensation from the User and any other responsible party, jointly and severally, towards loss of profit, if any.

Intellectual Property Rights

49. All intellectual property on the Website, including but not limited to trademarks, logos, sound, photographs, artwork, music and/or any and/all text, graphics, User interfaces, visual interfaces, and any and/or all media of all types (collectively, “Website Content”) belongs to SaltScout who is absolute owner of the same. Accordingly, Users are cautioned against any unauthorized use of the Website Content and the User agrees as follows:

a. the User shall not modify and/or reproduce the Website Content in any manner whatsoever;

b. while the User may forward a link / URL from the Website to third parties for private, non-commercial use, the User shall not make any Website Content available for public access by any means whatsoever, without prior written permission from the Website;

c. the User shall not copy and/or transmit for commercial purposes, any part of the Website

d. the User is liable to SaltScout for any unauthorized infringement of the intellectual property rights in the Website Content by such User.

50. Nothing contained in this Agreement shall give or shall be deemed to have been given, whether directly or by implication, any right, title or interest in or to the ownership or use of any intellectual property whether registered under the law in force or otherwise in the Website and its associated components.

51. At no point of time shall the intellectual property rights in the Items and all ancillary rights thereto vest in the Winning Bidder.

Breach of the Agreement

52. In the event that it is discovered that the User has breached any terms and conditions of the Agreement, SaltScout reserves the right to terminate any registration and/or transaction and/or refuse access to the Website if at any time and take such other action (including recourse to legal remedies) as advised.

Modifications

53. SaltScout reserves the right to unilaterally make changes or modify the website and its contents modify and/or change and/or update the Agreement, including the terms and conditions set out herein (and including the privacy policy, shipping policy, return policy, etc.) at any time and in any manner whatsoever, including without prior notice. The User hereby accepts that his/her/its continued access to and/or use of the Website post such modifications is deemed to be an acceptance of the same and will bind the User as such.

Assignment

54. Escalar Cart Pvt. Ltd. reserves the rights to assign this Agreement, as may be amended, together with all rights and obligations thereunder to any successor-in-interest that may acquire rights to that information as a result of the sale or merger of Escalar Cart Pvt. Ltd.

Severability

55. If any one or more provisions of this Agreement become illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement which shall be severable therefrom and shall remain in full force and effect.

Waiver

56. The failure of SaltScout and/or any delay on its part at any time and from time to time, to enforce any of the terms and conditions of this Agreement and/or any right, power privilege or remedy thereunder shall not affect the validity of this Agreement or be construed as a waiver of the future performance of the terms and conditions. No single or partial exercise of any terms or conditions and/or any right, power, privilege or remedy under this Agreement shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

Prohibited Uses

57. The User accepts and confirms that he/she/it shall not use the Website for and/or otherwise undertake any act that are illegal and/or unlawful and/or malicious and/or any other activities whatsoever that SaltScout deems to be improper in its sole judgment, including but not limited to:

a. impersonating any person and/or entity; misrepresenting himself/herself/itself; and/or providing any information that is inaccurate, misleading and/or fraudulent;

b. preventing SaltScout from in any manner whatsoever authenticating the information provided by the User;

c. access and/or use (and/or attempt to access or use) the account and/or login credentials of any other User;

d. transmit any software and/or any other media that contain any viruses, worms, trojan horses, defects, or other such destructive / malicious software;

e. infringe upon the intellectual property rights of the Website in any manner whatsoever, including but not limited to modifying and/or adapting and/or decompiling any portion of the Website;

f. harvest and/or collect information or from other Users of the Website;

g. act in a manner that is fraudulent and/or otherwise illegal for any reason whatsoever;

h. acting in collusion and/or in connivance with other User(s);

i. act otherwise than with complete decorum on the Website and otherwise in his/her/its interactions with SaltScout and/or its employees and/or agents and/or representatives;

j. facilitate and/or encourage any of the aforesaid violations and/or destructive acts.

58. In all such cases, SaltScout reserves the right to take such technical and/or legal steps as it deems necessary, including to restrain a User from accessing the Website.

Dispute Resolution

59. If any dispute arises between the parties in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Agreement (including the validity, scope and enforceability of this arbitration agreement) the parties hereto shall endeavour to settle the dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if the parties after reasonable attempts for not less than 30 days, gives a notice of 30 days thereof to the other party in writing.

60. In case of such failure, the dispute shall be solely and finally settled by reference to arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996.

61. Number of arbitrators - The Tribunal shall consist of a sole arbitrator appointed mutually by the parties.

62. Place of arbitration - The place of arbitration shall be Mumbai.

63. Language - The language of arbitration shall be English.

64. Costs - The prevailing party in any arbitration proceedings shall be entitled to recover its costs (including, without limitation, its legal costs).

65. Judgment upon any award rendered by the arbitrators may be entered in any court having competent jurisdiction in relation thereto, or application may be made to such court for a judicial acceptance or recognition of the award and an order of enforcement (including specific performance), as the case may be.

Governing Law

66. This Agreement shall be governed by and construed in accordance with the laws of India.

No Partnership / Agency

67. SaltScout and the User are independent entities; any all transactions have been entered into by them on a principal to principal basis. Neither party shall have right or authority to assume, create or incur any liability or obligation, express or implied, in the name and / or on behalf of the other party.

Survival

68. Certain terms of this Agreement will survive the termination of the same, including relating to Indemnity, Limitations of Liability, Dispute Resolution and Governing Law.

Miscellaneous

69. SaltScout is not obliged to ensure that the Website is available to all Users at all times. While all attempts will be made to deny access only to those individuals who violate the Agreement and terms of use of the Website, SaltScout may occasionally be compelled to use methods of access denial that result in a disruption in access for other Users. SaltScout reserves the right to periodically modify or discontinue, functions and features of the service, with or without notice, without any liability thereof.

70. SaltScout reserves the right at any time and from time to time to discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Additionally, SaltScout reserves the right to cancel / disregard the bids placed during the time in which the website is not fully functional, due to technical reasons.

71. Should the User at any time be dissatisfied with the services provided on the Website, as amended from time to time and/or of its contents, the only remedy available to him/her/it would be to discontinue the use of the Website.

72. SaltScout has taken all necessary precautions to ensure that the auction is transparent and fair. In the event that SaltScout has reason to believe that a User has attempted to take unfair advantage of the auction, the User shall forfeit his/her/its right to participate in the auction.

73. Any auction or bidding process conducted by SaltScout is not on the basis of wagering contracts or luck.

74. All rights to the Website and the Website Content not expressly granted, are reserved.