EuroStall User Agreement and Privacy Policy
 
Part I - EuroStall Product Service (ESP Service) Agreement
 

Membership Eligibility

Your Account and Registration Obligations

Electronic Communications

Fees and Services

Use of the Site

Platform for Communication

Privacy

Breach

Bidding and Buying

Priority in Bidding
Buyer Protection Program
Selling
Auction Close
Feedback
No Warranty
Limitation of Liability
Indemnity
Arbitration
Governing Law
 
Part II - EuroStall Manpower Service (ESM Service)Agreement
 

Open Communication Policy

Feedback Policy
General Content Policy
Message Board Policy
Bidding Policy
Project Policy
Community Policing

 

Part I - Eurostall Product Service (ESP Service) Agreement

These are the terms and conditions governing your use of the website www.Eurostall.in (hereinafter referred to as "the Site") and the general principles for the websites of our subsidiaries and international affiliates and constitutes your binding obligations towards Eurostall International AG (hereinafter referred to as Eurostall) ("User Agreement "). This Agreement is effective upon acceptance in registration for new registering users, Eurostall may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Eurostall. The User Agreement was last revised on month August, 2005. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. 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.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and Eurostall's  Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Eurostall. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites

referred to in this document, as they may contain further terms and conditions  that apply to you as a Eurostall user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and international affiliates will be governed by the User Agreement and Privacy Policy posted on those websites.

1. Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. 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 Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or bid for any items on the Site. If you wish to purchase or sell an item on the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited. Eurostall reserves the right to terminate your membership and refuse to provide you with access to the Site if Eurostall discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Eurostall. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Your Account and Registration Obligations

If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.

You agree to:

(a) Provide true, accurate, current and complete information about yourself as prompted by Eurostall's registration form (such information being the "Registration Data") (b) You must not include any of your contact details such as email addresses etc in your username; and (c) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Eurostall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Eurostall has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

3. Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Fees and Services

Membership on the Site is free. Eurostall does not charge any fee for browsing, bidding and buying on the Site. Eurostall charges Transaction Fees to all sellers when their item is successfully sold on the Site and Special Listing Fees are charged to Sellers who use the Special Listing Feature for listing their items. Before you list an item for sale through the Site, we request you to review our Fees and Credit Policy   which is hereby incorporated by reference into this agreement.The Fee Charging and Credit policies on Eurostall are effective from month August, 2005. However, Eurostall reserves the right to change its Fee Charging and Credit policies from time to time. In particular, Eurostall may at its sole

discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event Eurostall reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. Eurostall reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Eurostall. Eurostall also reserves the right to take legal action in case of non-payment of fees by you to Eurostall.

5. Use of the Site

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

(a) "Your Information" is defined as any information you provide to us or other users of the Site ("Users") in the registration, 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 as a passive conduit for your online distribution and publication of Your Information.

(b) Your Information (or any items listed):

    (i) shall not be false, inaccurate or misleading;

    (ii) shall not be fraudulent or involve the sale of counterfeit or stolen items;

    (iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;

    (iv) 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. Without prejudice to the generality of the above, Eurostall does not permit transactions in the following items:

    "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.

            - Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 ).

            - Weapons of any description.

            - Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.

            - Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.

            - "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").

            - Used cellular phone SIM Cards. (v) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

            (v) shall not be obscene or contain pornography or contain an "indecent representation of women"within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

            (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

            (vii) 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

            (viii) 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;

            - 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 Site; or

            - you do not have a right to link to or include.

(c) Solely to enable Eurostall 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. Eurostall will only use Your Information in accordance with the User Agreement and Eurostall's Privacy Policy.

(d) 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 Site. You shall have complete right, title and authority to deal in and offer for sale such items, goods or products.

(e) 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 Eurostall of the same. You may contact Eurostall at http://Eurostall.in/help/ 

(f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Site.

(g) You shall comply with all applicable Domestic (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, 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 Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" 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.

(h) 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 attributes of such items or services so as to mislead other Users in any manner.

(i) You will not disclose your contact details like Phone number, address, emailing address in bidding, buying or listing process, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass Eurostall.

(j) You may find potential adult material/mature audience items being displayed on the site. Such material or items are to be viewed/sold/bought/bid on by adults aged 18 years or older only. If you are not 18 years of age you cannot view/sell/buy/bid on such material/items. If you do not qualify, please do not use the Site. If you choose to view /sell/ buy / bid on mature audience items or items that are restricted to adult use, you are

certifying that:

(a) you have the legal right to view / sell/ buy / bid on such items;

(b) you are not offended by the adult content/item;

(c) it is your decision to view / sell/ buy / bid on the adult content/item on the Site; and

(d) such items/content are being viewed/sold/bought/bid on by yourself only and you are not allowing underage minors to view / sell/ buy / bid on such items/content from your computer.

(k) You certify that you will not sell, list or display any mature audience items or items that are restricted to adult use on the Site, without following the procedure prescribed by Eurostall for selling, listing or displaying such items on the Site.  You acknowledge that Eurostall will not be responsible for any liability arising from your default in complying with the provisions of this clause.  Please review our Mature Audiences Policy for further

information.

6. Platform for Communication

The Site is only a venue where Users may meet and interact with one another for their transactions. Eurostall is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:

(a) Eurostall is not responsible for any non-performance or breach of any contract entered into between Users. Eurostall cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Eurostall shall not and is not required to mediate or resolve any dispute or disagreement between Users.

(b) Eurostall does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Site. In particular, Eurostall does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Site. Eurostall accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

(c) Eurostall does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.

(d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Eurostall is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with Eurostall nor shall Eurostall have any obligations or liabilities in respect of such contract. Eurostall is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

(e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.

(f) You release and indemnify Eurostall and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Eurostall cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

7. 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 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 technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://Eurostall.in/help/.  If you object to your Information being transferred or used in this way please do not use the Site.

8. Breach

Without limiting other remedies, Eurostall may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:

(a)        If you breach the User Agreement or the documents it incorporates by reference;

(b)        If Eurostall is unable to verify or authenticate any information you provide; or

(c)        If it is believed that your actions may cause legal liability for you, other Users or Eurostall. Eurostall may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Eurostall or use the Site in any manner whatsoever until such time that such User is reinstated by Eurostall. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Eurostall reserves the right to recover any amounts due and owing by you to Eurostall and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

9. Bidding and Buying

All bids (under the Auction format) and all purchases (under the Buy It Now format) on the Site are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller. An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions

of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Site may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. Eurostall strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by Eurostall. As a Winning buyer you must contact the seller within 72 hours of auction closing successfully.

In the event of Dual Winning Buyers displayed online for a Single Auction, the User who has received the Winning Email will be the rightful Winning buyer and beyond that there is no liability. Please be aware that even if you do not give Eurostall your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As buyers on the Site we encourage you to post feedback on the seller after the auction is closed. In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Site you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be

in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

10. Priority in Bidding

In order to qualify and be identified as a successful bid, the following priority parameters will be followed:

(a) Price: The higher price bids always supersedes the lower price bids;

(b) Quantity: Between bids of the same price, the bid for the higher quantity shall supersede;

(c) Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede. Eurostall's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.

12. Buyer Protection Program

The Buyer Protection Program seeks to assist buyers who have been defrauded by sellers on the site. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the Buyer Protection Program. The coverage under this program is restricted to Rs 10,000 per item or the value of the item, whichever is lower. For this purpose the buyer needs to follow certain steps set out in the Program and review the Buyer Protection Eligibility and Claims Process on the Site. If the seller is found guilty of defrauding the buyer for which Eurostall has reimbursed the buyer, the sellers account on Eurostall shall be blacklisted and Eurostall shall charge the seller with the value of the item and a penalty of 20% of the value of the item. Further Eurostall reserves the right to recover the dues and take strict legal action (including initiating criminal proceedings against the seller. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraud Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

13. Selling

As a registered member, you may list item/s for sale on the Site. You must be legally able to sell the item(s) you list for sale on our Site. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the item listing or elsewhere on the Site other than in the Registration data is expressly prohibited and would be considered as a breach of the User Agreement. All

listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Eurostall reserves the right to delete such multiple listings of the same product listed by you in various categories. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the Reserve Price i.e. the reserve price as defined by the seller in a reserve auction), you are legally obligated to complete the transaction sale contract with the Winning buyer upon the item's sale online. You must

contact the Winning buyer within 72 hours of item selling successfully and supply the item to the Winning buyer in a merchantable condition within 48 hours of receiving the payment from the Winning buyer, unless there is an exceptional circumstance, such as:

(a) The Winning buyer fails to meet the terms of your listing (such as payment method), or

(b) You cannot authenticate the Winning Buyer's identity. Without limiting any other remedies, Eurostall may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Site. As sellers on the Site we encourage you to post feedback on the buyer after the auction is closed.

14. Auction Close

An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Notwithstanding the foregoing, a reserve auction will be considered as successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date. Immediately after any auction is successfully closed an e-mail is sent to both the Winning bidder and the seller providing each of them the contact information of the other party (contact phone number if allowed by them when bidding/selling) to enable them to get in touch with each other to fulfill the transaction. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on Eurostall.

15.   Feedback

We encourage buyers and sellers on the Site 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 buyer/seller. After you conduct a transaction, we encourage you to leave feedback for the buyer or seller 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. Eurostall will not be responsible for the feedback that you post on the Site and you should be careful about making comments that are not factual in nature. You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Eurostall reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Site. Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by Eurostall, 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 Eurostall feedback rating in any venue other than on the Site. Import - We do not provide the technical ability to allow you to import feedback from other websites to Eurostall because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

16. No Warranty

Eurostall and its suppliers provide the Site and services "as is" 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 Site is at your sole risk.

17. Limitation of Liability

In no event shall Eurostall or its suppliers 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 Site, its services or this agreement (however arising, including negligence). Eurostall's liability in any circumstance is limited to the amount of fees, if any, paid by you to Eurostall. Eurostall, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Eurostall assumes no liability whatsoever for any monetary or other damage suffered by you on account of

(i)                  The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or

(ii)                (ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that Eurostall 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 Eurostall has been advised of the possibility of such damages).

18. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

20. Arbitration

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

21. Governing Law

The User Agreement shall be governed and construed in accordance with the laws of India. Eurostall Privacy Policy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. The privacy practices of this statement apply to our services available under the domain and subdomains of www.Eurostall.in Eurostall(the "Site")  and apply generally to our parent, affiliates, subsidiaries or joint venture websites whose specific privacy policies are available from our Privacy Central pages. By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site. This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about Eurostalls practices so that you can make informed decisions. Our parent, subsidiaries and joint ventures operate under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global Eurostall trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the User Agreement. This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on February 7, 2005 for all users.

1. Your Privacy - Our Commitment

At Eurostall, we are extremely proud of our commitment to protect your privacy. We value your trust in us.  We will work hard to earn your confidence so that you can enthusiastically use our services and recommend us to friends and family. Please read the following policy to understand how your personal information will be treated as you make full use of our Site.

2. Eurostall Privacy Guarantee

Eurostall promises that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. . From time to time we may reveal general statistical information about our Web site and visitors, such as number of visitors, number and type of goods and services purchased, etc. Your trust and confidence are our highest priority.

3. Information we collect

When you use our Site, we collect and store your personal information from you. Our primary goal in doing so is to provide a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Site to make your experience safer and easier. Importantly, we only collect personal information about you that we consider necessary for achieving this purpose. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. To fully use our Site, you will need to register using our online registration form, where you may be required to provide us with your contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Site. You may provide us with a Eurostall ID. We may automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), your computer browser information, and your IP address.

We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session.

Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties. If you choose to bid, buy or sell on the Site, we collect information about your bidding, buying and selling behavior. We also collect other users' comments about you in our feedback area. If you establish a credit account with us to pay the fees we charge, we collect some additional information, such as a billing address, a credit card number and a credit card expiration date and tracking information from

cheques or money orders. If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you. If you register for the Site on another web site or use a web site providing a service for Eurostall or a web site that helps facilitate your activity on the Site, that web site may provide personal information about you and your transactions back to us.

4. Our use of your information

We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in  the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy. If you choose to list an item for sale on the Site or open a credit account, or otherwise provide us with your financial information, we use your address and billing information to bill you and provide associated support. You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve the Site's content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.

You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time.

5. Our Disclosure of your information

We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as new services and promotions. The following are examples of some categories of persons to whom we would share your information with from time-to-time.

            1. Advertisements

            a. Where a user enters information on any form of an advertiser, the information is simultaneously collected by Eurostall and the advertiser. The information is used by Eurostall in accordance with the terms of this privacy policy and is used by the advertiser as per the advertisers prevalent privacy policies. Because we do not control the privacy practices of these advertisers, you should evaluate their practices before deciding to provide the said information.

            b. Eurostall may also aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes.

            2. Classifieds Listings

            a. When a user lists a classifieds advertisement, and the advertisement receives an expression of interest by the interested user, the interested user will be provided the contact information of the user listing the advertisement as provided in that user's registration form.

            b. When a user expresses an interest in a classifieds advertisement, the user who has listed the advertisement will be provided the contact information of the interested user as provided in the interested user's registration form.

            3. Items and Services offered on the Site  by third parties

            There are certain items and services  for which third parties request for information before the item/service is listed on the Site (example: application for homeloan auctions). The information provided by the user for such purposes is simultaneously collected by Eurostall and the respective third party. This information is

utilised by the third party in accordance with its privacy policy and the terms of the offer. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.

            4. Internal Service Providers.

            We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on the Site (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information directly to these internal service providers. These

internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Site related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you (such

as for Site surveys or for a co-branded credit card). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.

            5. Other Corporate Entities.

            We share much of our data, including personal information about you, with our parent, affiliates, subsidiaries, and joint ventures that are committed to serving your online trading needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. Eurostall, its parent, affiliates, subsidiaries, its joint ventures, or any combination of such, will share some or all of your personal information with another business entity should we plan to, merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information.

            6. Legal Requests.

            We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state,

telephone number, email address, UserID history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we

believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss; or report suspected illegal activity. Further, we can (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in

connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

            Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access

transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

6. Your use of other users' information

In order to facilitate interaction among all Eurostall community members, our Site allows you to access other users' contact information. Further, as a seller you will be sent via email the Eurostall ID, email address and other information of the winning bidder(s), and as a winning bidder you will be sent via email the Eurostall ID, email address and other information of the seller. By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information that you obtain through the Site or through a Eurostall.com-related communication or Eurostall-facilitated transaction, Eurostall hereby grants to you a license to use such information only for:

(a) Eurostall-related communications that are not unsolicited commercial messages,

(b) using co-branded services offered through Eurostall

(e.g. insurance, shipping and fraud complaints), and

(c) any other purpose that such user expressly opts into after adequate disclosure of the purpose(s).In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them.

In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Eurostall and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Eurostall user-even a user who has purchased an item from you-to your mail list (email or physical mail) without their express consent after adequate disclosure.

7. What about children's privacy?

Children are not eligible to use our Site  and we ask that minors (under the age of 18) do not submit any personal information to us. If you are under the age of 18, you cannot sell, purchase or bid for any items on the Site. If you wish to purchase or sell an item on the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited.

8. Access or change your personally identifiable information

To protect your privacy and security, we will verify your identity before granting access or making changes to your personally-identifying information. If you have registered your profile on Eurostall, your Eurostall ID and Password are required in order to access your profile information.

9. Security

When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security

methods and technologies..

10. Your Consent

By using the Site, you consent to the collection and use of the information you disclose on the Site by Eurostall. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.  Any changes to our privacy policy will be communicated through our Web site at least 10 days in advance of implementation.

11. Tell us what you think

At Eurostall, we welcome your questions and comments regarding our privacy policy. You may contact Eurostall at http://Eurostall.in/help/

Part II - EuroStall Manpower Service (ESM Service)Agreement

ESM stands for Eurostall Services and Manpower. The main theme of ESM is to make its registered customers to upload their project information into this ESM and customers will bid for this projects and buys the projects for the amount they bid. Then they will complete the project and handover the project to the corresponding people. All the policies and rules stated in this document fits this ESM also. Except for the case where, the bidder has to pay for us rather the project up loaders.

1.Open Communication Policy

ESM Online is now facilitating communication between buyers and service providers. The Private Message Boards (PMB), email and/or telephone can now be used to clarify project descriptions, scope, or any specific requirements. This will help service providers develop relevant proposals and buyers make informed award decisions.

Specifically, for projects posted on ESM Online, buyers can provide their contact information. In any case, service providers can open a PMB with a buyer when they accept a lead. The buyer will be notified of the PMB message. Sellers can ask qualifying questions on project scope as well as request the buyer’s contact information and/or schedule a consultation.

For any project posted on ESM Online, service providers must invoice their buyers through the ESM Online system for their work. Any attempt to avoid transaction fees on projects posted on ESM Online by invoicing a buyer outside of the ESM Online system is a violation of policy and can result in termination of ESM Online membership.

For buyers, experience on ESM Online has demonstrated that the best path to a successful, high quality, cost effective project is to:

  • Post a project with detailed scope
  • Answer clarifying questions from service providers and update the project description
  • Evaluate multiple proposals against criteria important to you such as a service provider’s work experience, education, portfolio, certifications, verified references, feedback from prior buyers, location, culture, communication style, and cost
  • Administer and manage the project using ESM Online’s PMB to record all written communication such as negotiations, agreements, milestones, accepted deliverables, requests for revisions, and completed projects. In the event of a dispute, written communications on ESM Online such as Project Descriptions, Bids, Business Terms, and PMB Messages will serve as the statement of record.
  • Utilize ESM Online’s payment system to:

- Maintain privacy of your personal financial account details

- Leverage ESM Online’s anti-fraud measures

- Maintain a record of all invoices and payments

  • Leave objective, balanced feedback after the project.

For service providers, experience on ESM Online has demonstrated that the best path to successful projects is to:

  • Bid on projects that you are a good fit for
  • Help the buyer clarify their needs and fully develop the project scope
  • Write a specific, detailed proposal
  • Use the PMB to maintain a record of all written communication and agreements. In the event of a dispute, written communications on ESM Online such as Project Descriptions, Bids, Business Terms, and PMB Messages will serve as the statement of record.
  • Always maintain open lines of communication and meet delivery dates· Utilize ESM Online’s invoicing and payment system to:

- Maintain privacy of your personal financial account details

- Leverage ESM Online’s anti-fraud measures

- Maintain a record of all invoices and payments

- Improve your online reputation

- Buyers consider the level of reported earnings on ESM Online as a proxy for stability and professionalism

  • Encourage buyers to leave feedback. Feedback is a critical element of your online reputation. .

2. Feedback Policy

ESM Online provides its feedback and rating system as a means through which users can express their opinions publicly, and ESM Online does not monitor or censor these opinions or investigate any remarks posted by users for accuracy or reliability. Please use good judgment when leaving feedback or other comments regarding other ESM Online users or other third parties. Please note that you may be held legally responsible for damages suffered by other ESM Online users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, ESM Online is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable.

You agree NOT to take any actions that undermine the integrity of the feedback system, including but not limited to the following:

  • Leaving fake feedback for yourself or another user: Using a secondary ESM Online user name or other ESM Online members to artificially raise the level of your own feedback or create negative feedback for another user.
  • Feedback threats: Demanding any action of another ESM Online user that he or she is not required to do, at the threat of leaving negative feedback. ("Pay me an extra $200.00 or I will..." or "Provide an additional logo design or I will...[even though not covered in the original project description]").
  • Feedback solicitation: Offering to sell or buy services in exchange for good feedback, trade feedback undeservedly, or buy feedback.

Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations.

In order to protect the integrity of the feedback system and protect users from abuse, ESM Online will consider removing feedback in a few circumstances. If you believe another user has left feedback that falls under one of the following scenarios, contact investigations@ESM.com with complete project and feedback details.

ESM Online will consider removing feedback under the following scenarios:

  • ESM Online is provided with a ruling or settlement agreement from an ESM-approved certified dispute resolution service.
  • Where feedback or information posted seeks to elicit or solicit any user's contact information, such as other users' email addresses, for any non-ESM Online related commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
  • Where feedback or information posted contains language that is profane, vulgar or contains adult material. Insulting or inflammatory language such as "cheater, scam artist, liar, thief" is strongly discouraged but will not be removed.
  • Where feedback or information posted is shown to have been left by a minor or by or for a user who has conducted any fraudulent transaction;
  • Where feedback or information posted is not directly related to transactions conducted through ESM Online;
  • Where feedback or information posted makes any reference to actions taken or purported to be taken by ESM Online or any law enforcement organization
  • ESM Online is provided with a valid court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal, or with a settlement agreement resolving such a lawsuit submitted by both attorneys and signed by both parties.
  • The user who left feedback provided ESM Online with false contact information during the transaction period (as verified by ESM Online), and cannot be contacted by ESM Online.
  • The user who left feedback is participating in an ESM Online transaction with the intent of leaving feedback as part of a campaign to harass ESM Online member(s) (as verified by ESM Online)
  • Negative feedback was intended for another user only when the user responsible for the mistaken feedback contacts ESM Online and has placed the same feedback for the appropriate user. This does not apply to a feedback that was mistakenly marked negative instead of positive or vice versa.


3. General Content Policy

You agree NOT to post or transmit any of the following on the site:

  • Content that violates this or any other policies stated on the site
  • Software that that can transmit information about files and/or data that a computer user downloads from the Internet or any other activity on the computer. This type of software is commonly referred to as "Spyware." Software may contain spyware if it provides users with clear and conspicuous notice that the software contains spyware. The notice must describe the information that the spyware will collect and indicate to whom it will be transmitted. It is most important that software users must first give their affirmative consent before the spyware is enabled.
  • Adult or sexually explicit material or images
  • Unprofessional or disparaging comments about a seller, buyer or ESM Online
  • Projects that contain prohibited content or violate the Project Policy
  • Bids that contain prohibited content or violate the Bidding Policy
  • Unprofessional, disparaging comments about a competitor, ESM Online or a buyer
  • Suggestion/solicitation/offer to another user to contact you directly in order to buy or sell services outside of ESM Online.

Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations

 4. Message Board Policy

You agree to the following when posting messages on the Project Clarification Board and the Private Message Board for projects:

1.  Professionalism and courtesy in not making disparaging comments about another user, the project or ESM Online

2.  Keep messages relevant to the project - messages on Project Clarification Boards should only be questions or requests for more information about project.

3.  Do not advertise, promote or offer services on Project Clarification Boards - place a bid for the project instead.

Violation of these rules may result in suspension of your account or other penalties. If you are aware of a potential violation, please Report Violations.

5. Bidding Policy

You agree to the following when placing bids on ESM Online:

  • Place accurate bids that reflect the scope of the project and the amount of time/effort you plan to commit in order to provide high client satisfaction.
  • Place a new bid reflecting any changes to price, delivery date or approach.
  • Do not place unreasonably low bids, 'jokes' or tests. If you do not have sufficient information about the project, post a message on the public board requesting more information, indicate your assumptions regarding the project scope in your bid and indicate that you will update the bid once you receive more information or do not bid on the project.
  • Bids that are made with the intent to commit fraud will result in immediate termination from the marketplace.
  • Make reasonable effort to place customized bids for each project and avoid placing boilerplate or cookiecutter bids.
  • Do not offer your services in exchange for good feedback or for free.
  • When a project is posted with sufficient detail and other service providers are bidding on the total project amount, do not submit bids based on per unit measurements.
  • Respond quickly to private messages from the buyer.
  • Respond within 2 business days to inquiries sent from ESM Online Investigations Team

Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations

 6. Project Policy

You agree to NOT post any of the following:

  • Projects that are fake, posted without the intention to award or complete the project or posted only to receive pricing information
  • Projects that offer commission, equity compensation or request free services, unless they are posted as Non Profit projects
  • Advertisements or service offers
  • Full time employment or recruitments
  • Projects related to adult content or businesses
  • Projects related to bulk email/"SPAM" including but not limited to bulk email hosting, scripts, programs, proxies, lists, and relay servers

Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations.

Please note: Inappropriate or offensive material will be removed.

 7. Community Policing

 Many members of the ESM Online community have been helping us to keep the playing field level by reporting violations. In order to help those users and to streamline the reporting process, we've created a special "hotline" — Report Violations. Send any reports of contact violations directly to this email address. 911 is an automated address for reporting violations only, and direct replies are not possible. Please do not send questions or customer service issues.

 Investigations Team

 What is the ESM Online Investigations Team?
The Investigations Team enforces policies and assists users in order to create an efficient and fair marketplace. Specifically, the Investigations Team ensures the following:

  • Fairness in the marketplace
  • Adherence to guidelines, policies and terms and conditions
  • An environment where professionals can get work done quickly and efficiently
  • Buyers find qualified service providers efficiently and have a positive experience completing their projects.
  • Project descriptions that accurately reflect the buyer's needs
  • Bids that accurately reflect the service provider's cost of completing a project
  • Fair treatment of a user by his/her peers
  • Lack of illegal activity, fraud, etc.


What should I do if I am contacted by the ESM Online Investigations Team?
The ESM Online Investigations Team contacts users for several reasons such as violations of Rules and Policies, potential disputes, removal of projects due to lack of detail or suggestions for improving project descriptions and bids.

 If you are contacted about violations or potential disputes, you are required to respond within 2 business days to avoid temporary suspension or termination of your membership.

 


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