Terms & Conditions of Use

Terms of Use for the Use of Platform provided by KBJD Trade Services Private Limited (“We/Us/KBJD”) for users/sub-users/buyers/sellers (“You”) of the Platform

KBJD is the author and publisher of the internet resource livesauda.com (“Website”) on the world wide web as well as the software and applications provided by KBJD, including but not limited to the mobile application “LIVESAUDA” (together with the Website, referred to as the “Platform”).

These Terms of Use constitute the agreement (the “Agreement” or “Terms of Use”) between KBJD and the user of KBJD Platform. Your use of Platform, accessible at livesauda.com is subject to the following terms and conditions.

This Agreement, among other things, provides the terms and conditions for use of Platform.

We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Platform following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

Your access to use the Platform will be solely at the discretion of KBJD and LIVESAUDA.

KBJD is an aggregator providing access to Users through its Website and Mobile app.

KBJD makes no express or implied representations about its Platform and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non¬-infringement.

By using the Platform, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Platform in compliance with these Terms of Use.

You expressly represent and warrant that you will not use this Platform if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you.

You must be 18 years of age or older to register; use this Platform in any manner.

The contents of the Website and the Mobile App are the property of KBJD and are protected under copyright, trademark and other laws. User shall not modify the content or reproduce, display, distribute, or otherwise use the content in any way for any public or commercial purpose or for personal gain. Livesauda Dispute wall, Livesauda Friendly Feedback, Livesauda deal room, Livesauda bidding room and Livesauda community, Livesauda tender room and Livesauda Tender Room are also the property of KBJD and are protected under copyright, trademark and other laws.

Membership will be Livesauda Membership and Livesauda Prime Membership

You agree that any information you give to KBJD is true, accurate, correct, and complete. You further agree that any phone number used to register with the Platform is registered in your name and KBJD reserves the right to call upon you to provide verification documents.

You acknowledge that if Online payment is made to Us by You, the transaction is powered by one or more third party payment processors (“Payment Gateway Merchant”). You acknowledge that collection of the payment through use of our Platform in no way implies that the transaction/trading services are being provided to You by Us. The processing of payments or credits, as applicable, in connection with Your use of the Site will be subject to the terms, conditions, and privacy policies of the Payment Gateway Merchant that We engage for the purpose. We will not be responsible for any errors by the Payment Gateway Merchant. Please note that we do not take or store any payment details with Us. Payment details are taken by the Payment Gateway Merchant and You agree that We are in no way liable for any third party links, errors or fraud that may occur once You are redirected to the site of the Payment Gateway Merchant. For details of the terms of use and privacy policy of the Payment Gateway Merchant, kindly refer their website.

You agree that you will not use the Platform for any unlawful purpose.

You agree that you are solely responsible for (and that KBJD has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which KBJD may suffer) of any such breach.

You shall indemnify KBJD for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by KBJD as a result of your breach of these Terms or of any applicable law.

You expressly acknowledge and agree that your use of the Platform is at your sole risk and that the Platform are provided on an "as is" and "as available” basis and that KBJD does not have any control over the trading activity that may take place on its Platform.

You agree that KBJD shall have no liability for any stoppage of Platform on account of factors beyond KBJD reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures, server errors and any hardware/software issues or delays.

You agree that KBJD Platform may from time to time be subject to downtime, delays, errors and other factors over which KBJD has no control and You expressly agree not to hold KBJD liable for any loss, damage caused to You on account of such reasons.

You acknowledge that the Buyers/Sellers are alone liable for the trading activity that takes places through our Platform provided to You and KBJD shall have no liability for any loss, injury or damage that you may suffer on account of your interaction with the Buyers/Sellers. Also, Main/Admin User is responsible for all the decision, activites and transactions of the Sub-User.

KBJD may, at its sole discretion, suspend the provision of the Platform to You at any time if KBJD has reason to believe that You are in breach of the terms of use or in the event KBJD receives any complaint against You or for any other reason.

It is possible that any transaction may fall through/ get cancelled due to technical or operational reasons. You agree that you shall not hold KBJD responsible for any loss or damage that you may suffer in this regard.

The manner in which we protect, safeguard and process your personal information as defined under law is stated in the privacy policy (“Privacy Policy”) available at http://livesauda.localhost/page/privacy

You agree that you shall not post any comments on the Platform or about KBJD or its Members which are defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or otherwise unlawful in any manner whatever;

You agree that if you are dissatisfied with the Platform, your sole remedy is to discontinue using the Platform of KBJD.

In no event, including but not limited to negligence, shall KBJD, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto. In no event shall We be liable for provision of or failure the trading services through the Platform. In no event shall Our total aggregate liability to You for all damages, losses, (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the Platform is limited to Rs.100 per member, per year.

In no event shall We be liable for failure on your part or on part of the Buyers/Sellers to make their products/services available at the appointed time, cancellation or rescheduling of transactions, product quality, service deficiencies, refunds, replacements, inventory shortages, non delivery of goods, etc. In no event shall We be liable for any comments or feedback given by any of the Users on Livesauda Dispute wall or Livesauda Friendly Feedback wall in relation to the products/services provided by Buyers/Sellers or any comment that harms the Reputation/Goodwill or causes loss/damage to the Buyer/Seller.

The listing order of Buyers/Sellers on the Platform is based on numerous factors. In no event shall We be liable or responsible for the listing order of Buyers/Sellers on the Platform. Further, KBJD shall not be responsible for adverse feedback or comments, or ratings on the Platform which are a subject matter of automated processes, and KBJD disclaims any liability for lost business or reputation of a Buyer/Seller due to information, data or ratings that are available on the Platform. KBJD at its discretion hold the sole right to display the listing order of the Buyers/Sellers.

All the transactions will be via video and Audio call only which should be recorded by you and any morphing or misuse of the same if done then KBJD won’t be held responsible.

Any Audio or Video Call that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any Buyer/Seller/User; then the same can be reported on the platform with the recording and necessary actions will be taken.

The reviews and the feedbacks are displayed by KBJD at its discretion.

We are charging subscription fees from each member on monthly/quarterly/yearly basis as advance to allow You to use our Platform.

In addition of subscription fees, KBJD reserves its right to charge, brokerage, other fees, commission, margin, consultancy fee, platform fee, service fee, advertising charges or any other fee as it may deem fit at its sole discretion if it chooses to apply or increase current charges.

Any fees if charged will be invoiced through GST compliant invoice. Payments may be due monthly/quarterly/yearly. All payments shall be made within 30 days and late payments shall attract interest @18% per annum. If payment is not made then KBJD has the right to cancel Your registration with the Platform.

KBJD has the right to cancel your access to the Platform without assigning any reason whatsoever.

KBJD shall not be held responsible for any viruses, errors, omissions, failures, hacking, that may occur on the Platform while the course of transacting.

Tender activity on the Platform is not provided by KBJD and KBJD under no circumstances shall be held liable for any fall outs or loss of deposit or any type of disputes with any such respective buyer/seller of Tendering.

You acknowledge that Livesauda Tender/Mini-Tender/Bidding usage authority will only be given to Livesauda Prime Members or selected members, extra charges may or may not be charged for the event/transactions. Other members can’t raise an objection to the same.

We are not responsible for any type of cancellation of deals or disputes arising out of Livesauda Bidding Room and Livesauda Tenders and after Auction.

We may publish transaction related information made on Livesauda in our Communtiy feature on our Platform.

We may declare information regarding successful deals or bidding or tender on our Platform.

You acknowledge that KBJD and LIVESAUDA can use your information including business details for advertising on its Platform or on any other Platform.

You acknowledge that KBJD is only providing the Platform and Buyers/Sellers are trading at their own risk and KBJD under no circumstances can be held liable for any non payments, failure to make part/full payments, delay in payments and delivery of goods, product/service quality and/or any other such issues.

KBJD will not be held responsible for interest not paid on late payments relating to the goods/materials/transactions by either party.

Any kind of advance/payment/deposit relating to the material or possession of the goods/transaction shall be between buyers/sellers only and KBJD will not accept the same and shall not be held responsible for any fallouts arising out of the transaction.

KBJD and its Affiliates, Officers, Directors, Employees, Consultants, Licensors, Agents, Representatives and any other person related to KBJD will not accept any kind of advance/payment/deposit relating to the material or possession of the goods/transaction and shall not be held responsible for the acceptance if given by you.

By transacting through KBJD Platform, you confirm that it shall be your sole responsibility to verify the accuracy, character, competence, good will, brand, credit worthiness, capability, quality, history, background of the Buyer/Seller and you shall not rely on any feedback/comments on the KBJD website.

KBJD shall not be responsible for any misuse, data leaks, data theft, account hacking that may happen on account of which you face a loss.

You agree that Internet Technology is not foolproof and that any kind of Damages/Loss/Theft/Data leaks/Data theft occurs to You through our Platform, then you can’t hold KBJD responsible for the same.

KBJD shall deal with any user/buyer or seller on an independent principal to principal basis and that there shall be no agency, partnership, delegatee, sub-contractee, joint venture assumed or formed between any user/buyer or seller and KBJD.

KBJD is not responsible for buying/selling of shares on its Platform.

You agree that KBJD may contact you through telephone, email, sms, or at your contact details for the limited purpose of:

  1. Obtaining feedback in relation to KBJD’s Platform; and/or
  2. Obtaining feedback in relation to any Buyers/Sellers listed on the Service.
  3. Business related matters.

KBJD shall not be responsible for any damage or unsuccessful transactions between any Buyer/Seller when the site has been forcefully shutdown or crashed due to any fault or unfortunate incident.

You acknowledge that KBJD has all the rights to shutdown/close the Platform with/without any reason whatsoever or sell the Platform/Company/Equity/Shares partly or fully to any other person/third party and will not be liable for any loss/damages, pending transaction, pending payments, pending delivery, unsettled deals or disputes that has occurred out of the same.

KBJD shall not be liable for any act or omission of any Buyers/Sellers trading through KBJD, or for any act or omission of a Buyer/Seller, enlisted in KBJD Platform.

You hereby agree to indemnify and hold harmless KBJD , its Affiliates, Officers, Directors, Employees, Consultants, Licensors, Agents, And Representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your usage of the Site/Mobile App and KBJD Platform.

This Agreement will remain in full force and effect while the User is the user of the Platform in any form or capacity.

KBJD reserves the right to prohibit any User from using the Platform at its sole discretion.

This Agreement shall be governed by the laws of India and subject to the exclusive jurisdiction of Courts in Mumbai, India.

If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be considered deleted and the remaining provisions shall be enforced.