The Marketplace for INDIAN SUB-CONTINENT philately!    

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TERMS & CONDITIONS

1.1 INTRODUCTION Use of this Web site constitutes acceptance of the StampBay.com Terms & Conditions. You accept and agree to be bound by the Terms & Conditions, operating rules and/or policies of StampBay.com, published by StampBay.com as described below (all such Terms & Conditions, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these "Terms & Conditions"). Members may be referred to as "Member," "User," "Buyer" when a Member is being described as acting as a buyer in a StampBay.com transaction, "Bidder" when a Member is being described as bidding on an item in order to act as a potential buyer in a StampBay.com transaction, and "Seller" when a Member is acting as a seller in a StampBay.com transaction. Item refers to stamp, postal history item or any other item of philatelic interest. These Terms & Conditions comprise the entire agreement between Member and StampBay.com and supersede all prior agreements between the parties, regarding the subject matter contained herein.

1.2 USING STAMPBAY.COM StampBay.com acts as a platform for Sellers to list items and Buyers to bid on items. StampBay.com is not involved in the actual transactions between Buyers and Sellers and assume no responsibility for actions made based on information or services on StampBay.com. In the event that any parties using our Site, including Sellers, Buyers and Bidders, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on the Site may include inaccuracies or errors. While the Company strives to keep the information on the Site accurate, complete and up-to-date, the Company can not guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall the Company (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information or services obtained from the Site.

1.3 WHO CAN BID AND SELL Bidders must register with StampBay.com as a Member and be capable of forming legally binding relations under applicable law. Sellers must be the rightful owners or authorized by the owners of such property, a court of law, or through power of attorney to sell an Item. Sellers must produce evidence of ownership and/or authorization to sell an Item upon request of StampBay.com or a Buyer.

1.4 HOW DO AUCTIONS WORK ON STAMPBAY.COM Items are listed for the specified bidding periods shown on the Site and are deemed "sold" at the close of bidding which will be set at a time pre-determined by the Seller. Each Item will have a description and disclosure information on the Site, as well as any additional conditions of sale provided by the Seller. Once bidding commences, Bidders may make a bid at any time prior to closing of the bidding. All Items will have a minimum bid price disclosed on the Site. For certain Items, the Seller may impose a reserve price which is not disclosed on the Site. If there are no bids above the minimum bid or reserve price (whichever is higher), then the Seller is not obligated to sell the Item. After bidding closes on each Item, StampBay.com will send the highest Bidder and Seller an email detailing the highest bid and contact information. In all auctions Buyers who receive a winning bid notice are legally bound to buy the item at the quoted bid amount (see "Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the item, pursuant to these Terms & Conditions, subject to the additional conditions of sale specified by Seller. The Seller is obligated to contact the winning Bidder within three (3) business days to complete the transaction (or the Seller may engage a representative, including StampBay.com, to contact the winning Bidder on the Seller's behalf, pursuant to prior agreement). After three (3) business days if the Seller is unable to contact the winning Bidder, for whatever reason, the Seller may, in its sole discretion (a) continue to attempt to contact the high bidder with assistance from StampBay.com; (b) after contacting StampBay.com, contact the second highest Bidder and sell the Item to the second highest Bidder; or (c) re-list the item on the Site. By selling an Item to the next highest Bidder, neither the Seller nor StampBay.com is releasing any claims he/she/it may have against the highest Bidder for non-performance. Once the Seller contacts the winning Bidder, the Seller and winning Bidder shall complete the settlement of the purchase and sale of the Item pursuant to "Settlement of Transactions" below.

1.5 SETTLEMENT OF TRANSACTIONS The settlement of a purchase and sale of an Item following a completed bidding process shall be conducted pursuant to this Section, unless otherwise provided in the Seller's conditions of sale or in a written agreement executed by the Buyer and Seller. Unless otherwise provided in the Seller's conditions of sale or otherwise agreed upon by the Seller and Buyer in writing, final settlement shall take place no later than seven (7) business days after Buyer is given a Winning Bid notice.

1.6 USER NAME AND PASSWORD Once a party becomes a Member of the Site, the Member will select a user name and a password. Members are entirely responsible for maintaining the confidentiality of their user names and passwords. Furthermore, Members are entirely responsible for any and all activities, which occur under a Member's ID and password. Member agrees to immediately notify StampBay.com of any unauthorized use of Member's ID or any other breach of security known to Member.

1.7 BINDING CONTRACT BETWEEN BUYER AND SELLER A bid made by a Buyer is an offer to purchase the item from the Seller at the stated bid price. The bid is an irrevocable offer, subject only to material changes in the description of an item made after such bid is placed by a Buyer. Buyers are required to conduct any research or due diligence of an item prior to making a bid (See "Other Responsibilities of Bidders/Buyers" below). All Items are listed and sold on an "as is" basis. If a Buyer bids on an item and that bid represents the highest bid for that item, and the highest bid is at or above the Seller's minimum and/or reserve price (whichever is higher), the Buyer's bid is deemed accepted by the Seller (subject to these Terms & Conditions, including the right of a Buyer to change or retract a bid in the event of a material change in the description of the Item, as set forth below), except for an exceptional circumstance, such as a typographical error. Once a Buyer's bid is accepted by the Seller, the Buyer is obligated to purchase the item at the price he/she/it offered and pursuant to these Terms & Conditions and the Seller's conditions of sale. If a Seller receives at least one bid at or above the Seller's stated minimum price (or in the case where the Seller has set a reserve price, at or above the reserve price), the Seller is obligated to complete the transaction with the highest Bidder upon the completion of the bidding, unless there is an exceptional circumstance, such as a clear typographical error or other conditions stated in these Terms & Conditions.

1.8 CONDITIONS OF PURCHASE AND SALE All purchases and sales of Items and use of the Site by Members shall be conducted in compliance with applicable law. Purchases made on the Site are entirely without recourse to StampBay.com.

1.9 BUYER AND SELLER CONTRACT OBLIGATIONS All Members are third party beneficiaries of these Terms & Conditions, and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, StampBay.com retains the right to terminate a Member's rights to use the Site in the event a Member violates these Terms & Conditions. All Items are listed and sold on the Site on an "as is" basis. Bidders are required to conduct any research or due diligence of an item that they wish to conduct prior to making a bid. After the online bidding is complete, unless otherwise indicated/engaged, Buyers are responsible for taking all necessary actions to complete the sale once a Winning Bid notice is given to Buyer. StampBay.com retains the rights to terminate a Buyer's rights to use the Site in the event a Buyer fails to perform its obligations to settle on a completed auction.

1.10 OTHER RESPONSIBILITIES OF SELLERS Sellers must accurately describe Items in a listing provided for inclusion on the Site and shall be liable for any misstatements or omissions in such description. Failure to accurately describe an Item could be fraudulent and could subject a Seller to civil and/or criminal liability, as well as being in violation of these Terms & Conditions. StampBay.com retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements, unapproved links or omissions in an Item's description. Sellers are responsible for complying with all applicable local, state, federal, or foreign laws, rules, regulations and legal approvals regarding the sale of any Items. Sellers are also solely responsible for ensuring that all items offered for sale are offered in full compliance with any applicable legal limitations or restrictions.

1.11 SUPERVISION OF CONTENT StampBay.com reserves the right to supervise all material, content and information on its Site, including, but not limited to, item listings and bidding activity, to determine compliance with the Terms & Conditions and all current and future operating procedures and rules of conduct established by StampBay.com. StampBay.com reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a Member, which may violate any state, federal or local law or violate any aspect of these Terms & Conditions or which may otherwise jeopardize the business operations or goals of StampBay.com.

1.12 MEMBER CONDUCT Member is solely responsible for the contents of his/her/its transmissions through the Site. Member's use of the Site is subject to all applicable local, state, national and international laws and regulations. Member agrees: (a) to comply with international law regarding the transmission of technical data exported from any country through the Site; (b) not to use the Site for illegal purposes; (c) not to interfere or disrupt networks connected to the Site; and (d) to comply with all regulations, policies and procedures of networks connected to the Site. (e) not to use the site to solicit StampBay.com members to visit other sites including in but not limited to item descriptions or member questions. Member agrees not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member further agrees not to use the Site in a manner that violates any national, international, federal, state, local or statute laws, including but not limited to the sale of any regulated substances.

1.13 LIMITATION OF LIABILITY NEITHER StampBay.com, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF StampBay.com OR INABILITY TO USE StampBay.com (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF StampBay.com PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF StampBay.com, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

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