Welcome to ODBSERVICES (ODBSERVICES : https://jelm.in/): India’s first online skill-based experiential auction site! ODBSERVICES is owned and operated under its proprietary brand and platform by JELM Technology Service, its registered office at C-303, Konark Exotica C.H.S. Ltd., Kesnand Road Wagholi, Pune, Maharashtra, India Pin Code 412207 (just to keep it simple we are going to refer to JELM Technology Servicesas ‘Company’, or ‘we‘ or ‘us’).

What do ODBSERVICES Terms and Conditions mean and why do we have them and most importantly why do you need to read and agree to accept them? Great questions with a simple short answer: the law says we need this! By explaining what we do and how we expect users to engage with us (which is the purpose of the general terms and conditions), end users (you and user) get to know about ODBSERVICES and our services. When you accept our terms and conditions you tell us by a simple click of a button that you are on board – ready to ODBSERVICES !! [Please note: if you are using the services on behalf of an organization, remember: you are agreeing to these terms and conditions for that organization and representing (meaning you are telling us) that you have the authority to bind your organization to these terms (in such case, ‘you’, ‘your’ and ‘yours’ will refer to your organization).

Do read these terms and conditions very carefully including any amendments (changes) made from time to time (all of which is collectively referred to as Terms and Conditions). When you accept these Terms and Conditions we have a legal agreement with you.

General Information (what we own & offer)

  1. We have proprietary mobile application, website, and other digital channels to create a platform (ODBSERVICES Platform) for online, electronic, digital or web-based auctions (ODBSERVICES Online Auctions. ODBSERVICES Online Auctions is open to adult (18 and above years of age) residents in India (Customers). Customers may access the ODBSERVICES Platform by using mobile and internet-based smart phones, (Channels) to buy items offered for online auction (Auction Products) as per the auction rules set by ODBSERVICES (ODBSERVICES Auction Rules).
  2. ODBSERVICES Terms and Conditions and the ODBSERVICES Auction Rules are to be read together (part of each other) and is applicable for all ODBSERVICES Online Auctions and to all Customers

Acceptance Of Terms (what happens when you accept our terms and what happens if you don‘t)

  1. Before exploring, visiting or using ODBSERVICES or availing any ODBSERVICES offering, service or experience made available through or on the ODBSERVICES Platform you must read and agree accept these Terms and Conditions, (more simply: to be on ODBSERVICES , you have to accept our terms).

  2. By using or subscribing to ODBSERVICES you represent (confirm) the following:
    1. that you are an individual at least 18 years of age capable of entering into legally binding contracts under Indian law; and
    2. you are a resident of India; and
    3. you have read, understood, and agree to be bound by these Terms and Conditions, together with any of our related policies and guidelines (e.g., our Auction Rules and privacy policy and guidelines: https://jelm.in/privacy-policy/) which are all part of these Terms and Conditions (just broken up under different heads for easy identification & use).
  3. Just like life requires us to make changes from time to time, we may also need to make changes to these Terms and Conditions related policies and rules with or without notice. We therefore urge you to be always proactive and current when you use or access ODBSERVICES . If don’t agree with the changes or updates, you can immediately stop using ODBSERVICES and cancel any ODBSERVICES subscriptions, account(s) and services you have previously signed up for (though we will be sorry to see you go). When you continue to use ODBSERVICES after a change or update has been made, you represent (confirm) that you accept the changed or updated Terms and Conditions and related policies or rules.

User Registration & ODBSERVICES Account (information we need to set up your ODBSERVICES Account)

  1. 1. To access ODBSERVICES , we require information such as your telephone number, name, address or any other information ODBSERVICES thinks is necessary for access to the ODBSERVICES Platform and for KYC purposes, including certain personally identifiable information to validate submitted Information (Information). All this Information is used to register you as a ODBSERVICES user and provide you with a ODBSERVICES account with the following features for your exclusive use (ODBSERVICES Account):
    1. A login ID, which will be your registered mobile number or e-mail (Login ID)
    2. User authentication through an OTP on your registered mobile number (OTP).
    3. You can use the Login ID and OTP, to log in to your ODBSERVICES Account.
  2. The Log ID and OTP generated by ODBSERVICES are personal to you and for your exclusive use only and you are responsible for its security and use.
  3. When you provide this Information you also give consent to your Information being accessed and shared by us with necessary parties to provide you our services (Don’t forget our website (https://jelm.in/) uses cookies so by using our website and agreeing to ODBSERVICES Terms and Conditions, you consent to our use of cookies
  4. To know more about how your Information will be used or what your consent to use cookies means please read our Privacy Policy https://jelm.in/privacy-policy/ which as we mentioned earlier is a part of these Terms and Conditions.
  5. We maintain Information as per applicable law, and specifically the Information Technology Act, 2000, Information Technology (Amendment) Act, 2008 and the rules made thereunder (as amended from time to time).
  6. All your Information must be current, complete, true and accurate. You agree to update any changes in the information provided by you on ODBSERVICES as and when such changes occur. You agree not to use or provide any false or misleading information (it really is not worth the trouble!) and if the Company suspects that you have provided untrue, inaccurate, outdated or incomplete Information there is what can happen:
    1. Access to ODBSERVICES may be blocked, including to any auctions that you may have won or to coupons available to ODBSERVICES Account holders and account can be suspended either temporarily or cancelled permanently depending on the facts.
    2. If the Information is found to be fraudulent or based on willful misrepresentation the Company may close your ODBSERVICES Account and black-list you from ODBSERVICES .
    3. The Company and may also pursue appropriate legal remedies in addition to any or all of the above (like we said – just isn’t worth it to give false or inaccurate information!).

Notifications, Alerts and social media announcements (how we communicate with you & others)

  1. When you enable the notification and alerts provision you permit us to send you alerts, notifications and updates on your registered phone number and/or registered email address. Here are examples of a few good reasons why you may want to always enable your notification and alerts provision.
    1. You will receive timely notifications when the Online auction you bought ticket for is about to start. This gives you to plan your auction participation hours or days ahead without worry about forgetting!
    2. We may notify ODBSERVICES Online Auction winners by direct message on social media.
    3. We may send notification on how ODBSERVICES Online Auction Product must be claimed. If the winner fails to respond to our notification attempts within the given time period, we reserve the right to disqualify the said winner and offer the Auction Product to the next eligible Customer or re-auction Auction Product.
  2. ODBSERVICES and its users are active social media participants and when you sign on to ODBSERVICES you also consent to our social media engagement which may involve you. Here are some of the ways we may engage and expect participants to also engage as an essential condition of winning a ODBSERVICES Online Auction.
    1. Announce ODBSERVICES Auction winners on our social media platforms, with the name and photograph, the town or region of residence and prize details of the winner.
    2. Post blogs, posts, articles, press releases or inform about ODBSERVICES in a number of unique ways.
    3. Require ODBSERVICES Auction winners to provide testimonials, make announcements and/or to ‘like’ or ‘follow’ our social media accounts.

Access time & OUTAGES (the internet & its problems)

  1. ODBSERVICES is hosted on the cloud. Online Auction require you to have high speed connectivity.
  2. All reasonable effort is made to ensure that your experience remains uninterrupted and continuous. That said, here are some examples of what we cannot and do not guarantee:
    1. Uninterrupted uptime.
    2. Outages or downtime or other issues due to etc., due to circumstances beyond the Company’s reasonable control, such as those mentioned below (ODBSERVICES Credit Exclusionary Events – this list is not complete – again just examples of events outside our control).
      1. Any force majeure event (such as fire, flood, strike or other labour, disturbance, interruption of or delay in transportation, pandemic, epidemic, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo);
      2. Unavailability of or interruption or delay in telecommunications or third-party services;
      3. Unavailability of or interruption or delay in telecommunications or third-party services;
      4. Inability to obtain raw materials, supplies, or power used in or equipment needed for provision ODBSERVICES Services;
      5. Scheduled or emergency maintenance of ODBSERVICES , or upgrades to ODBSERVICES ;
      6. Any third-party unwarranted and unauthorised intrusions (Intrusions), including without limitation, denial of service (DoS attack) or similar cyber-attacks;
      7. Domain Name System (DNS) issues outside the direct control of the Company such as Customer’s inability to connect to our IP address due to Customer’s loss of network or internet access or other network issues. The Company is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it;
      8. Any Customer’s acts or omissions (or acts or omissions of others engaged or authorized by the Customer), including, without limitation, custom scripting or coding on or in relation to ODBSERVICES , or any act attributable to Customer’s negligence or wilful misconduct; or
      9. Outages elsewhere on the Internet that hinder access to Customer’s account.
    3. Since we do not guarantee uninterrupted service, we will not be liable if, for any reason if all or any part of the ODBSERVICES Platform or services becomes unavailable to you at any time, as a result of which you are not able transmit and receive data due to failure of network equipment(“ODBSERVICES Downtime), including on account of those managed and owned by the Company.
    4. Without prejudice to the above, (which simply means without negatively affecting anything we have said about not being able liable and not providing uptime guarantees), here is what we can do for you in case you experience a monetary loss (limited to the price of the ticket you have paid) due to ODBSERVICES Downtime:
      1. We have a ODBSERVICES Helpdesk to help you. Once you contact the ODBSERVICES Helpdesk, we will use all reasonable effort to address your issue.
      2. We will restart the auction or reschedule if an ongoing Online Auction affected due to ODBSERVICES Downtime or outage.
      3. If for any reason the auction cannot be restarted or rescheduled then and only in such a case, ODBSERVICES will credit you with an amount up to the value of the ticket of the cancelled Online Auction (ODBSERVICES Account Credit) provided the ODBSERVICES Downtime was not caused by any ODBSERVICES Credit Exclusionary Events stated in clause 5.2.b above.
    5. All downtime or outage related issues will be handled solely at ODBSERVICES ’s discretion, including any goodwill gestures such ODBSERVICES Account Credit. Goodwill gestures must not be confused with admission of any liability and is not a direct or indirect acknowledgement of the Company’s liability for any loss incurred due to ODBSERVICES Downtime or for breach of any warranty of performance of ODBSERVICES services.
    6. If there is any dispute or claim on account of ODBSERVICES Downtime, the ODBSERVICES Account Credit up to the value of the ticket of the cancelled Online Auction, shall be the Customer’s exclusive remedy (meaning the offer of the ODBSERVICES Account Credit) is the only solution available to the Customer to resolve/end the dispute). Such tickets must be used within the time specified and cannot be used or redeemed for cash against any past dues or outstanding dues owed to either ODBSERVICES or any of its auction partners or their affiliates.

Disclaimer And Warranties (what you read here is what you get)

  1. As an adult you are responsible for your own actions and therefore though you know it we are saying it again:
    1. We are NOT responsible for any loss or damage caused by your use of ODBSERVICES or any of our services or for any loss or damage to your self, to others or to property due to your participation in any part of the ODBSERVICES Online Auction process (including unavailability of an ODBSERVICES Auction Product or cancellation of ODBSERVICES services).
    2. We also do NOT provide any assurance or guarantee for any Auction Product or ODBSERVICES service – simply because we can’t as the Auction Products are not ours. We do not sell or deal in any of the Auction Products available during a ODBSERVICES Online Auction. The Company therefore disclaims all warranties, including without limitation any implied warranties of title, non-infringement, merchantability, price or fitness for a particular purpose, in relation to the products, the transactions conducted on ODBSERVICES , and all related services (without delivery).
  2. By agreeing to these provisions you release and discharge the Company from any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every kind and nature, in relation to any Auction Product or ODBSERVICES service provided to you.

Intellectual Property Rights (who owns the Brains and how to treat it right)

  1. The Company is the sole owner and licensee of all the rights to ODBSERVICES and its content. This means that ODBSERVICES owns everything (right, title or interest) that is directly or indirectly responsible for the creation of ODBSERVICES
  2. More specifically, the Company owns all designs, marks, names, services, know-how or other information (as well as all improvements, derivations or modifications made to them), and owns all promotional material used by ODBSERVICES , including the brand, label, design, layout, images, user-interface, domain-names and text. The Company also owns the copyrights to any algorithm, artwork and designs created or incorporated into ODBSERVICES , whether or not it is expressly protected under any copyright, design, trademark or any other equivalent right, grant or law, or by any application in respect of them. All of this is collectively referred to as Intellectual Property (just like moveable or immovable property – this is called intellectual property because it is value created by the intellect )
  3. Company’s ownership and title over such Intellectual Property is protected by all applicable laws including such as copyright, trademark, trade-names, internet domain names, data protection, Information Technology laws, privacy rights and other similar rights and statutes. All ownership and intellectual property rights in ODBSERVICES and its contents (ODBSERVICES IPR) shall remain with Company, its affiliates or licensors, as the case may be and does not pass on to you upon your usage of the ODBSERVICES or its services.
  4. As we have put in a lot of hard work to develop a one-of-its kind Intellectual Property you are responsible for treating our Intellectual Property with care. You may view and utilize content from ODBSERVICES for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must NOT reproduce, duplicate, copy or otherwise exploit material or content from ODBSERVICES for any purpose whatsoever; or edit or otherwise modify any content or pages of ODBSERVICES ; or remove any copyright and other notices contained in any content displayed, downloaded, or copied from ODBSERVICES ; or store electronically any significant portion of any content.
  5. You agree and confirm to only use ODBSERVICES for the purpose of participating, experiencing and being a part of the ODBSERVICES online skill-based experiential auction site owned and operated by ODBSERVICES . You agree and confirm that any use other than as specified above is considered unauthorized use. You also agree to inform us of any unauthorized use of our Intellectual Property by any third-party and agree to cooperate with us for restricting and prohibiting such unauthorized use of our Intellectual Property.

Prohibited Activities (do not attempt any of these activities)

  1. In addition to activities prohibited in clause 7.4, as a critical and material condition of your use of ODBSERVICES , you agree and undertake that you will not at any time, directly or indirectly, do, or permit, allow, ask, authorise anyone else to do all or any of the following activities.
    1. Probe, scan or test the vulnerability of ODBSERVICES or constituent services
    2. Restrict or inhibit or engage in any activity or use ODBSERVICES in any manner that adversely affects other users from using and enjoying ODBSERVICES or our constituent services in the way ODBSERVICES intends
    3. Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability
    4. Distribute in any manner or upload any harmful, obscene or otherwise illegal or objectionable material of any kind; post, send, submit, publish, or transmit proprietary material of any third party without their express consent
    5. Impersonate or misrepresent your affiliation with any person or entity
    6. Attempt or use of malpractice, manipulation or use of any technical tools, or use of API, or any automated bidding process, or by mirroring the ODBSERVICES site or Online Auction to place bids or win an auction
    7. Furnish altered, deceptive or false identifying information, including “spoofing” or “phishing”
    8. Violate any law or undertake any activity on our ODBSERVICES that could, upon the occurrence of a third party action or omission, violate any law; advertise any commercial endeavor or otherwise engage in any commercial activity
    9. Solicit funds, advertisers or sponsors; post, send, submit, publish or transmit programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications
    10. Violate or attempt to violate, the security of ODBSERVICES
    11. Use ODBSERVICES to infringe the intellectual property rights of others in any way
    12. Use ODBSERVICES or make any attempt to penetrate, modify or manipulate ODBSERVICES or any of our hardware or software in order to invade privacy, or obtain identity or personal information or documents concerning (including but not limited to IP addresses of) any of our ODBSERVICES Account holders, visitors, or users, or modify, erase or damage any information contained on the computer of any user connected to ODBSERVICES
    13. Reverse-engineer any portion of the ODBSERVICES or software used or connected
    14. Co-brand ODBSERVICES or hyperlink to ODBSERVICES without express prior written permission of an authorized representative of our Company. (Co-branding here means to display a name, logo, trademark, or any other means of identification in a way that would give a viewer the impression that you have the right or the authority to display, publish, or distribute our site or our content). You also agree to cooperate with us to immediately stop any such unauthorized use, co-branding, framing or hyper-linking.

In case we suspect any of the above, the Company reserves the rights to do any or all of the following.

  1. The right to monitor use of ODBSERVICES to determine compliance with these Terms and Conditions.
  2. The right to issue a warning about the violation, or immediately suspend or terminate your ODBSERVICES Account(s) without assigning any reasons
  3. The right to remove or refuse any information for any reason or suspend or terminate access to ODBSERVICES for violation (including potential violation) of ODBSERVICES polices or applicable law.
  4. The right to investigate and to involve and cooperate with law enforcement authorities, and to pursue any investigation pertaining to civil lawsuit(s) or criminal prosecution for any alleged or actual prohibited activities identified above or other illegal activities involving the ODBSERVICES or any of its services.
  5. The right to disqualify a winner, even after acceptance of the bid, or issue of the ACN or delivery of the Product, if the bid was not placed as per all applicable ODBSERVICES and Auction terms and conditions (remember – this includes any bid placed other than by a participant’s own personal skill and effort). In such cases the winner loses/forfeits the right to demand that the bids are accepted and may also be debarred from future ODBSERVICES Online Auctions.
  6. The right to all recourse and remedies available in law to recover all damages and costs to at the sole cost of those in breach of these provisions.

Online Auction (rules of engagement)

  1. You have to meet all the conditions stated in clause 2.2 of this Agreement to be eligible to buy an Online Auction ticket and as per the ODBSERVICES Auction Rules for each type of ODBSERVICES Auction.
  2. Please note that ODBSERVICES Auctions are dynamic and therefore ODBSERVICES will introduce new auction formats with their own unique Auction or change to auction formats from time to time. It is your sole responsibility and in your best interest to note the auction type and ensure that you know the auction rules for that specific auction format before participating (that is why ODBSERVICES Practice Auctions are available for free!)

Product claims (to claim a product won)

  1. All auction wins must be claimed by the winner within the time and the manner specified in the Auction Confirmation Note
  2. Payment instruction will be generated and payments must be paid in full on the online payment gateway provided. For all products claimed, customers pay the GST (if applicable) in addition to the final bid price they won the Auction Product.
  3. No part payment against payment instruction will be accepted as a valid claim of the win.
  4. All payments are to be cleared within the specified time limit and no extension of time will be granted under any circumstance.

Bid disqualification and cancellation (why & when a bid is not valid)

  1. Bids will be accepted and announced as the ‘last accepted bid’, only if the bid was placed as per all applicable ODBSERVICES Auction Rules.
  2. Any bid placed other than by an individual user’s personal skill and effort will lead to automatic disqualification. The bid will be cancelled and responsible party or parties will be debarred from any future ODBSERVICES auction. The bidder in such cases loses/forfeits any right to demand acceptance of the bid.
  3. ODBSERVICES reserves the right to reject or cancel any such disqualified bid even after acceptance of the bid, or issue of the Auction Confirmation Note or delivery of the Auction Product.
  4. If ODBSERVICES is notified of any attempt or use of malpractice, manipulation or use of any technical tools, or use of API, or any automated bidding process or breach of ODBSERVICES Intellectual Property Rights such as reverse engineering, to place bids or win an auction, or using means such as mirroring Online Auction to place bids, ODBSERVICES reserves all rights and remedies available in law to recover damages and costs to the fullest extent available under law at the sole cost of those in breach of these provisions.

Limitations Of Liability (what you cannot sue for or recover from us)

  1. You understand and expressly agree that the Company shall not be liable for any indirect, incidental, special, punitive, consequential or exemplary damages arising out of or in any way related to this agreement or the use of any or all of ODBSERVICES services, including, without limitation, damages relating to use of ODBSERVICES services, ODBSERVICES data or other intangible losses (even if Company has been advised of the possibility of such damages). Without prejudice to the foregoing, the aggregate liability of Company for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to ODBSERVICES , its services or products on auction on the ODBSERVICES Platform or this agreement shall be limited to the price of the ticket actually received by the Company from you in relation to the specific transaction giving rise to such liability, which net payment shall be computed after deducting all sums paid by company to the third parties and after excluding any taxes paid or payable on the transaction.
    1. The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use ODBSERVICES or any other part of the services, or any other matter arising from or relating to ODBSERVICES .

Force Majeure (events we cannot control)

  1. You will not hold ODBSERVICES or the Company responsible or liable for any delay or non-performance of any obligations under this Agreement that may occur due to any cause(s) beyond our reasonable control including but not limited to, Act of God, Government Act, War, Fire, Flood, Explosion, Civil commotion, Pandemic etc.

Assignment & Exclusion Of Third-Party Rights (it’s just you and us!)

  1. Services provided under the Agreement are personal to you. You are expressly prohibited from assigning, transferring or conveying any part or the whole of the Agreement between you and us to any third party or entity, without prior permission and written consent from the Company.
  2. These Terms and Conditions are for the benefit of the parties involved, i.e. you and the Company, and are not intended to benefit any third party or to be enforceable by any third party. The exercise of your rights, or those of the Company in relation to these Terms and Conditions is not subject to the consent of any third party.

Indemnity & Consequences for breach (making it right)

  1. You agree to indemnify and hold Company harmless, and to defend the Company from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the ODBSERVICES or services therein; (ii) your violation of the Terms and Conditions governing your use of the ODBSERVICES or services therein; (iii) the infringement by you, or any other person using your password and Account, of any right of any person or entity; or (iv) any other activities of yours accomplished by using the ODBSERVICES or its Services.
  2. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the ODBSERVICES and its services, or prohibiting you from accessing ODBSERVICES or its services either temporarily or permanently, or by blocking computers using your IP address from accessing ODBSERVICES or its services, or by contacting your internet service provider to request that they block your access to ODBSERVICES or its services and/or by bringing legal action including court proceedings against you.
  3. Notwithstanding any of these Terms and Conditions, Company reserves the right, without notice, in its sole discretion, to terminate your Account and/or block your use of the ODBSERVICES or services therein.
  4. You acknowledge that we are not required to provide you notice before terminating or suspending your access to the ODBSERVICES or its services but may choose to do so at our sole discretion. We reserve the right to deny, in our sole discretion, any user access to ODBSERVICES or its services without notice and for any reason (including, without limitation, for violation of these Terms and Conditions).

Severability (amputate & carry on)

  1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement (this is it folks!)

  1. These Terms and Conditions, together with our Auction Rules, Privacy Policy and Disclaimer constitute the entire agreement between you and us in relation to your use of ODBSERVICES and its services.

Law And Jurisdiction (always & only Pune!)

  1. These Terms and Conditions will be governed by and construed in accordance with laws of India, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra.

Grievance And Queries (help!)

For grievances and queries on ODBSERVICES , its services or policies of the Company, you can reach us by email at: support@jelm.in

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