By signing a hard copy of this Agreement or by clicking the ‘ACCEPT’
button below on this website and continuing to use this website, you are
stating that you have read and agreed to the Usage Agreement and Privacy and
Confidentiality Policy below.
USAGE AGREEMENT
Sify Technologies Ltd. in consortium with Nextenders (India) Private Limited as the Service Provider ("the Service Provider") provides an Electronic Tender Management Software System (“the System”) and related services through which State Government of Maharashtra (“the Agency”) and its contractor(s)/supplier(s)/vendor(s)/purchaser(s) ("the Merchant(s)") can establish an electronic platform for Centralised Registration, and/or Tenders, and/or Auctions, and/or Reverse Auctions, and/or Purchase Orders (“the Transactions”) of projects, works, goods and services (“the Items”). The System is accessible through the website ("the Portal") http://maharashtra.etenders.in.
This Usage Agreement and the Privacy
and Confidentiality Policy govern the Merchant’s use of the Portal and
participation in the Transactions, and, together, constitute the "Terms
and Conditions”. By clicking on the “ACCEPT” button below on this
website and continuing to use this website or signing a hard copy and returning
it to the Service Provider / faxing it to the number provided below, YOU,
the Merchant, accept and are legally bound by the Terms and Conditions and any
modifications or amendments thereto. Continued access to the Portal and its Services,
including without limitation all licenses granted hereunder, is subject to
compliance with the Terms and Conditions and any breach of the Terms and
Conditions will be pursued by legal action to the fullest extent possible.
The Terms and Conditions, including the Usage
Agreement and the Privacy Policy, may be modified at any time without notice
and any such modification shall be effective immediately upon publishing. By
assenting to these Terms and Conditions, the Merchant agrees to periodically
review the Terms and Conditions published on the Home Page of the Portal under
the link Terms of Use and be bound by any modifications or amendments
thereto.
Merchants who have any questions about the Terms and
Conditions are invited to contact
the Service Provider.
1. Merchants; Warranties
Through the electronic platform provided by the
Service Provider, the Merchant can participate in the online transactions with
the Agency.
USER OF THE PORTAL FROM / ON BEHALF OF THE MERCHANT
ORGANISATION REPRESENTS AND WARRANTS THAT HE / SHE,
(1) IS DULY AUTHORIZED TO CONSENT TO THESE TERMS AND
CONDITIONS ON BEHALF OF HIS / HER RESPECTIVE ORGANISATION (MERCHANT);
(2) CAN FORM LEGALLY BINDING CONTRACTS UNDER
APPLICABLE LAW;
(3) HAS THE RIGHT TO GRANT THE INTELLECTUAL AND
INFORMATIONAL PROPERTY RIGHTS AT ISSUE UNDER THIS AGREEMENT, AND THAT SUCH
GRANTS DO NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY; AND
(4) IS OF THE ORGANISATION THAT IS IN COMMERCIAL
BUSINESS, AND NOT A CONSUMER VENDOR, FOR THE PURPOSE OF USING THIS PORTAL.
2. User IDs, Passwords and Digital Certificates
User IDs, Passwords, and Digital Certificates are
confidential and proprietary. It is a violation of the Terms and Conditions for
the Authorised User of the Merchant to disclose its password or share its User ID,
Password, or Digital Certificate with any unauthorized personnel in the
organisation of the Merchant, Third Parties, or to use its User ID, Password,
or Digital Certificate for any unauthorized purpose on the Portal. Merchant,
through its Authorised User, shall be held responsible for any unauthorized use
of its User ID, Password, or Digital Certificate issued.
3. Transacting on the Portal
Transactions on the Portal are governed by the Terms
and Conditions. The specific Terms and Conditions of each Transaction (such as
pre-qualification criteria, technical requirements, pricing, warranties,
delivery, contract execution, etc.) entered into through the Portal are
established between the Agency and the Merchant. The Portal is a venue through
which the Agency and the Merchants can transact. The
Agency decides with
whom to do business. The Service Provider is not a party to any transaction
entered into upon the Portal. The Service Provider does not set nor endorse the
price, contract terms, quality, safety, conformance or legality of the Products
/ Works / Services advertised or offered for sale / purchase, the ability of
sellers to sell the Products / Works / Services or the ability of buyers to buy
the Products / Works / Services. The Service Provider cannot and does not
control whether sellers will complete the sale of Products / Works / Services they
offer or whether buyers will complete the purchase of Products / Works /
Services they request for. The Service Provider is not responsible with respect
to payment or collection for orders made and bids placed on the Portal.
4. Upgradation and
Modification in the Portal Features
The features of the Portal may be upgraded and / or
modified from time to time which may result in change of functionality / workflow
/ methodology of executing operations on the system. It shall be the
responsibility of the Merchant to get its authorised users acquainted / trained
on execution of operations of the system through the Service Provider to
effectively use the upgraded / modified features of the Portal.
5. Minimum System Requirements
The Merchant shall ensure minimum system requirements
in terms of hardware, software and internet connectivity as prescribed by the by
the Service Provider to use the System.
6. No Warranty
BY ASSENTING TO THESE TERMS AND CONDITIONS, THE
MERCHANT ASSUMES ANY AND ALL RESPONSIBILITY AND RISK OF USE OF THE PORTAL AND
ANY PRODUCTS OR SERVICES CONTAINED THEREIN. THE SERVICE PROVIDER AND ITS
SUPPLIERS PROVIDE THE PORTAL AND SERVICES "AS IS" AND "AS
AVAILABLE," WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY. THE SERVICE PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM
ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO,
(A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
(B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND
/ OR ERROR-FREE;
(C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY
BUYER AND WHETHER ANY MERCHANT SHOULD DO BUSINESS WITH SUCH AGENCY; AND
(D) AS TO THE ACCURACY OF ANY INFORMATION MADE
AVAILABLE ON OR THROUGH THE PORTAL BY OR ON BEHALF OF ANY MERCHANT, THIRD PARTY
OR AGENCY.
7. Release
Because the Service Provider is not a party to any Merchant-to-Agency,
Merchant-to-Merchant or Merchant-to-"Third Party Provider" (as
"Third Party Provider" is defined in Section 10 below) agreements,
and has no control over the truth or accuracy of representations made by these
parties, or the ability of parties to any such agreement to fulfil their part
of any transaction, the Merchant hereby releases and agrees to hold harmless
the Service Provider, and its officers, directors, sub-contractors (including
without limitation technology providers) acting in their capacity of providing
services to the Service Provider, agents, and employees from any and all
claims, demands, and damages of every kind and nature (including, without
limitation, actual, special, incidental and consequential), known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with the use of the Portal, or any agreement or transaction
between any Merchant, on one hand, and any other Merchant (whether or not
consummated) or any Third Party Provider, on the other hand.
8. Transaction Fees
The Merchant agrees to pay the applicable registration,
transaction, service, document, and / or submission fees (“the Fees”), as the
case may be, for any transaction on the Portal regardless of whether or not
such transaction is actually consummated. The Fees will be due to the Agency or
the Service Provider, as the case may be, upon demand by either the Agency or
the Service Provider. In the event, the Merchant fails to pay all amounts due,
such unpaid amounts shall be deemed "overdue" and interest will
accrue on such overdue amounts at a rate of one and one-half percent (1.5%) per
month or part thereof, or the maximum amount allowed by law, whichever is less.
The Merchant is responsible for paying all applicable taxes and all hardware,
software, services and other costs and expenses incurred to access information
or conduct transactions over the Portal. Failure of any party to consummate a
transaction does not relieve the obligation to pay the Fees due for such
unconsummated transaction.
9. Good Faith and Fair Dealing
The Merchant hereby agrees to act in accordance with
the principles of good faith and fair dealing when transacting on or through
the Portal. The Service Provider reserves the right to investigate any
allegation or evidence of Merchant's failure to abide by the principles of good
faith and fair dealing in connection with its use of the Portal, and to fashion
and enforce remedies, in its sole but reasonable discretion, in order to
address any violation of such principles. For example, but not by way of
limitation, it is a violation of Usage Agreement to act in accordance with the
principles of good faith and fair dealing to initiate transactions on the
Portal for the purpose of identifying potential buyers or sellers with whom
such Merchant can negotiate off the Portal. Similarly, the Merchant agrees not
to manipulate the terms of a transaction for the purpose of reducing the
transaction fees owed. If the Merchant engages in such activity, said Merchant will
be liable to pay the Service Provider the applicable, appropriate transaction
fees and will be subject to such other sanctions as the Service Provider may
determine as appropriate under the circumstances, in its sole but reasonable
discretion.
10. Information published / posted on the Website
The Portal may contain news and information published
by various Third Party Providers, some of which may contain facts, views,
opinions, analysis and recommendations of individuals and organizations deemed
of interest. The Service Provider does not guarantee the accuracy,
completeness, or timeliness of, or otherwise endorse,
these views, opinions, analysis, or recommendations. The Merchant assumes sole
responsibility and risk for use of such content.
The Portal may contain links to third party websites
not under the control or operation of the Service Provider. The Service
Provider provides links only as a convenience and does not endorse, and is not
responsible for the contents of, any linked site. The Merchant assumes sole
responsibility and risk for use of such third party links.
Merchant's postings to the Portal are the sole
responsibility of the Merchant. The Merchant hereby acknowledges and agrees
that the Service Provider has no obligation to monitor Portal content or third
party links, and expressly disclaims any responsibility of the Service Provider
to filter any such content. However, the Service Provider reserves the right to
take any action with respect to information posted on the Portal that the
Service Provider deems inappropriate in its sole discretion, including but not
limited to the immediate removal of offensive or harmful content, or suspension
or termination of the Merchant's rights of use. The Merchant shall not post
information on the Portal that is, or offer Products or services for sale that
are:
In addition, the
Merchant may not link directly or indirectly to, or include descriptions of,
Products (1) that are prohibited by this Usage Agreement or the fruits of such
prohibited Products, or (2) to which the Merchant does not have the right to
link or include. The Merchant must obtain the Service Provider's express
permission to link this Portal to his website. Furthermore, the Merchant may
not post to the Service Provider or sell through the Portal any Product that
could cause the Service Provider to violate any applicable law, statute,
ordinance, or regulation of any jurisdiction.
As a
convenience to the Merchant, the Service Provider may identify various organisations
that provide payment, security, inspection, financial, insurance and other
services, and the Service Provider may, from time to time, provide access to
these services directly from the Portal. Additionally, the Service Provider may
provide the Merchant with introductions to or marketing information on behalf
of providers of certain products and services. All such parties shall constitute
"Third Party Providers”. The Service Provider will not be a party to any
agreement between a Merchant on one hand and a Third Party Provider on the
other hand, or play a part in any negotiations between the parties involved.
The Service Provider may, however, receive a commission, or other remuneration
from Third Party Providers based on the provision of such services, access,
introductions, or information to the Merchant.
11. Compliance with Laws
The Merchant shall
comply with all applicable laws, statutes, ordinances and regulations regarding
the use of the Portal, bidding on or purchase of merchandise, and posting and
retrieval of information (including without limitation those governing export
control, unfair competition, antitrust, cartelisation, government / public
sector procurement, or false advertising). The Merchant hereby acknowledges
that the Service Provider has an express policy of complying with Government
and Competition laws, in particular with respect to Government and Public
Sector procurement rules, and that the operation of the Portal is not intended
to facilitate collusion or other illegal agreements among competitors.
Accordingly, the Merchant hereby represents and warrants that it does not
intend to and will not use the Portal to violate Competition laws or Government
/ Public Sector procurement rules and will not knowingly act as a conduit or
intermediary for price-fixing or any other anti-competitive agreement among
competitors.
12. Intellectual and Informational Property; Ownership
"Merchant
Information" shall include any information the Merchant transmits to the
Portal, or provides to the Service Provider, including without limitation, all
information provided in the registration, listing, or buying and selling
processes. Merchant Information includes contact information and Transactional
Data as further described in the Privacy and Confidentiality Policy. The Merchant
retains sole ownership of their Merchant Information. "The Service
Provider Information" includes, without limitation, all data, reports,
analysis, marketing strategies, sales estimates, and performance results,
developed or derived in connection with the operation of the Portal. The
Service Provider Information shall not be specific or identifiable to any
particular Merchant. The Merchant will have no ownership interest in or right
of access to the Service Provider Information.
So that the
Service Provider does not violate any rights the Merchant has in its Merchant Information,
the Merchant hereby grants to the Service Provider a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers)
right to reproduce, transmit, distribute, and publicly display such
information, and create derivative works from such information, in connection
with the operation of the website, and the Service Provider's marketing,
publicity and advertisement thereof in any form and media now known or
currently unknown. Merchant Information will be used in accordance with the
then-current Privacy and Confidentiality Policy, incorporated herein by
reference. The Service Provider may refer to any Organisation as a User of the
System in sales presentations, marketing presentations and marketing
activities.
The website and
all such Intellectual Property Rights included therein (including but not
limited to copyrights, trademarks and service marks), are owned or licensed by,
and all such rights, title and interest therein shall remain the property of
the Service Provider. Certain trademarks and content are licensed from third
parties and all such third party trademarks and content, and all intellectual
property rights related thereto, belong to the respective third parties. The
Merchant shall not remove any copyright, trademark or other intellectual
property or proprietary notice or legend contained on the website or its
content.
13. System Integrity
The Merchant
hereby agrees not to tamper in any way with the software or functionality of
the website. Without limiting the foregoing, the Merchant agrees not to put any
computer programs, information or data into the Portal which contains any
viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may
damage, interfere with, intercept or expropriate any system, data or information.
14. Confidentiality
The Merchant is
responsible for implementing sufficient firewalls, protections, procedures and
checkpoints to satisfy their particular requirements for the protection of
their systems and / or accuracy of data input and output, and for maintaining a
means external to the Service Provider for the reconstruction of lost data. The
Merchant agrees not to disclose any other Merchant's Merchant Information
including, without limitation, all information provided during the buying and
selling processes. The Merchant agrees not to invade another Merchant’s
privacy, including, but not limited to, the breach or attempted breach of the
security of another's computer, software or data. Use or distribution of tools
designed for compromising privacy or security is strictly prohibited.
15. License
Subject to the
Terms and Conditions, the Service Provider hereby grants the Merchant a
non-transferable, non-exclusive, non-sub-licensable license to use the system and
the user interface for viewing and otherwise using the website and its services
in accordance with the Terms and Conditions, and for no other purpose. All
rights, title and interest in and to the software, user interface and content
made available from, on or through this website shall belong to the Service
Provider or its third party providers or suppliers, including all modifications
thereof and enhancements thereto. The software and user interface made
available from, on or through this Portal may not be copied, modified or
distributed by the Merchant, nor may derivative works be prepared therefrom.
The license granted pursuant to the Terms and Conditions is solely for the
internal use of the Merchant and may not be used for any time sharing or
service bureau purposes outside of the Merchant’s organization. The Merchant shall
not reverse engineer, decompile, or otherwise translate, in any way, the
software and user interface made available from, on or through this website. The
Merchant shall have no right or claim of right to the software or any unique
ideas found on this website. No ownership rights are granted to the Merchant hereunder
and no title is transferred hereby.
16. Our Relationship
The Merchant and the Service Provider are independent
contractors, and no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by this Usage
Agreement, or the Terms and Conditions.
17. Termination
In its sole discretion, the Service Provider may
restrict or terminate the Merchant's usage of the Portal products or services,
postings, or current bids immediately if the said Merchant breaches any of the
Terms and Conditions, fails to pay any overdue amount as described in Section 8
above, or if the Service Provider is unable to verify or authenticate any
information provided by the Merchant. In its sole discretion, the Service
Provider can enforce this provision against individual employee-User / Users of
the Merchant, or the Merchant itself. The Merchant may terminate its User ID
and password at any time. Notice of termination must be provided in accordance
with the requirements set forth in Section 18. The Merchant agrees that, upon
termination of this Usage Agreement, said Merchant will pay all outstanding
amounts owed to the Service Provider, in full, and honour all outstanding
transactions and pending transactions. Any amount not due prior to seven (7)
days from the date the Usage Agreement is terminated is due within seven (7)
days after termination. The Merchant hereby acknowledges and agrees that in the
event said Merchant fails to pay all amounts due within seven (7) days after
termination of this Usage Agreement, such unpaid amounts shall be deemed
"overdue" and interest will accrue on such overdue amounts at a rate
of one and one-half percent (1.5%) per month or part thereof, or the maximum
amount allowed by law, whichever is less.
18. Statute of Limitations
The Merchant agrees that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
the use of the Portal or the Portal or these Terms and Conditions must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
19. Arbitration and Interim Relief
Any controversy or claim arising out of or relating to
the Terms and Conditions, including, without limitation, this Usage Agreement,
shall be settled by binding arbitration, by a single arbitrator knowledgeable
in both commercial transactions and the Internet services businesses generally,
in accordance with the applicable / governing Indian Arbitration Act. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Mumbai, and judgment on the
arbitration award may be entered into the Bombay High Court having jurisdiction
thereof. Neither the Service Provider nor the Merchant may seek any interim or
preliminary relief, from any court without serving the other party with a
notice of intention to seek such relief (including details of relief sought and
of the case to be made out in court) of not less than three (3) working days at
its registered or known address. The Merchant and the Service Provider agree
that any dispute regarding the validity or scope of this clause shall be
commenced in the Bombay High Court and shall be governed by the laws of
20. Notices
Except as explicitly stated otherwise or required by
law, the Merchant shall provide any notices to the Service Provider by courier or postal mail to Nextenders (India) Private Limited at “Yuchit”, Juhu Tara Road, Mumbai
400 049, India and the Service Provider shall provide any notices to the Merchant
at the email and / or courier / postal address that the Merchant provides to
the Service Provider at registration, or such other address as either party
shall specify in a notification in accordance with this section.
Email notices shall be deemed given one (1) working
day after the email is sent, unless the sending party receives notice that the
address is invalid or the email has otherwise failed to reach the destination
email address within such period. Postal / Courier Notices shall be deemed
given upon delivery to the receiving party.
21. Governing law and jurisdiction
This Usage Agreement and the relationship between the Merchant
and the Service Provider, unless otherwise stated in a separate agreement
between the Merchant and the Service Provider, shall be governed by and
construed in accordance with the laws of India and the High Court of Bombay shall
have exclusive jurisdiction without regard to conflict of law provisions. The
Merchant and the Service Provider agree that the provision of the 1980 United
Nations Convention on Contracts for the International Sale of Goods shall not
apply to any Item transacted on the Portal. The Service Provider makes no
representation that material on the Portal is appropriate or available for use
in other locations, or that the contents comply with local law. Those who
choose to access this Portal from other locations shall do so on their own
initiative and are responsible for compliance with local laws.
22. Indemnification
Without limiting the generality or effect of other
provisions of this Usage Agreement, as a condition of use, the Merchant agrees
to indemnify, hold harmless, and defend the Service Provider and its parents,
subsidiaries, affiliates, suppliers and their officers, directors, affiliates,
sub-contractors acting in their capacity of providing services to the Service
Provider, agents and employees (collectively, "Indemnified Parties"
and each, individually, an "Indemnified Party") against all costs,
expenses, liabilities and damages incurred by any Indemnified Party in
connection with any third party claims arising out of (a) such Merchant's usage
hereunder and / or engagement in transactions on the Portal, including, but not
limited to, failure of any Products to meet specifications or breach of
warranty, (b) such Merchant's failure to comply with any applicable laws and
regulations (including without limitation those regarding the export/import of
Products or technology) or to obtain any licenses or approvals from the
appropriate government agencies necessary to purchase or sell the subject goods
and services, (c) such Merchant's breach of any of its obligations set forth in
the Terms and Conditions; and (d) infringement claims asserted against the
Service Provider based on its use of Merchant's intellectual and informational
property; and (e) such Merchant's agreements or transactions with Third Party
Providers. The Merchant shall not settle any such claim without the written
consent of the applicable Indemnified Party, which such consent shall not be
unreasonably withheld.
23. Limitation of liability
IN NO EVENT SHALL THE SERVICE PROVIDER, NOR ANY
OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, SUB-CONTRACTOR (INCLUDING
WITHOUT LIMITATION TECHNOLOGY PROVIDERS AND SUPPLIERS) ACTING IN ITS CAPACITY
OF PROVIDING SERVICES TO THE SERVICE PROVIDER, OR EMPLOYEE BE LIABLE TO THE MERCHANT
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EARNINGS, OR BUSINESS OPPORTUNITIES, OR
EXPENSES OR COSTS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, RESULTING
DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING (HOWEVER ARISING, INCLUDING
NEGLIGENCE) OUT OF THE USE OF THE PORTAL BY THE USER, INCLUDING, BUT NOT
LIMITED TO, DAMAGES RESULTING FROM OR ARISING OUT OF SUCH USER'S RELIANCE ON
THE PORTAL, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS
IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING BY
THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE PORTAL; ANY AGREEMENT
ENTERED INTO BETWEEN THE MERCHANT AND ANY THIRD PARTY (OR THE NEGOTIATIONS OR
DISCUSSIONS CONDUCTED IN ANTICIPATION OF ANY SUCH AGREEMENT), WHETHER OR NOT
SUCH THIRD PARTY IS A THIRD PARTY PROVIDER AS DEFINED IN THIS USAGE AGREEMENT;
THE TERMINATION OR SUSPENSION OF MERCHANT’S USER ID AND PASSWORD BY THE SERVICE
PROVIDER PURSUANT TO THE TERMS AND CONDITIONS; THE FAILURE, OR ALLEGED FAILURE,
OF ANY PRODUCT OR SERVICE PURCHASED OR TRANSFERRED PURSUANT TO THE PORTAL TO
CONFORM TO ANY SPECIFICATIONS OR TERMS, WHETHER PUBLISHED ON THE PORTAL OR NOT;
THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO
ANY SUCH PRODUCT, SERVICE OR SHIPMENT; OR GOVERNMENT RESTRICTIONS, STRIKES,
WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND THE
SERVICE PROVIDER’S REASONABLE CONTROL. THE SERVICE PROVIDER’S LIABILITY TO THE MERCHANT
OR ANY THIRD PARTY IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF TRANSACTION FEES PAID BY SAID MERCHANT OR PARTY FOR THE TRANSACTION
IN QUESTION GIVEN RISE TO LIABILITY, OR (B) RS. 5,000/-
(RUPEES FIVE THOUSAND ONLY).
24. Miscellaneous Provisions
These Terms and Conditions constitute the entire
agreement and understanding between the parties with respect to the Merchant's use
of the Portal, and supersede and replace any and all prior written or verbal
agreements. Headings are for reference only. A party's failure to insist upon
or enforce strict performance of any provision of the Terms and Conditions
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the Merchant and the Service Provider nor trade
practice shall act to modify any provision of the Terms and Conditions. If any
particular provision of the Terms and Conditions is held to be invalid or
unenforceable, such determination shall not affect any other provision of the
Terms and Conditions which shall remain in full force and effect. In addition,
if any provision contained in the Terms and Conditions shall for any reason be
held to be excessively broad as to activity or subject, it shall be construed
by limiting and reducing it, so as to be enforceable to the extent compatible
with applicable law. These Terms and Conditions may not be assigned or
transferred to third parties by the Merchant without prior written permission
from the Service Provider. The Merchant shall not be construed to be a third
party beneficiary of any agreement between the Service Provider and any
supplier to the Service Provider.
25. Copyright and Trademark Notices
The entire contents of the Portal are copyrighted
under applicable copyright laws. The Service Provider or its licensors are the
exclusive owners of the copyrights.
Date: 26th May 2010
PRIVACY AND CONFIDENTIALITY POLICY
The Service Provider has a strong commitment to your
privacy and the confidentiality of the information we collect. The Service
Provider provides this Privacy and Confidentiality Policy ("Policy")
for the benefit of all of its visitors and Merchants. If you have any questions
or concerns regarding the Service Provider's information practices, or this
Policy, please contact the Service Provider.
This Policy and the Usage
Agreement govern your use of the Portal and participation in the Portal,
and, together, constitute the "Terms and Conditions.” By clicking on the
"ACCEPT" button below, or signing a hard copy of the form and
returning it to the Service Provider/faxing it to the number indicated, the
Merchant accepts and is legally bound by the Terms and Conditions.
Notice to Non-Indian Merchant. Please note that the information
you enter on the Service Provider’s website ("the Portal"), or
otherwise provide to the Service Provider, may be transferred outside of your
country, for the purposes of processing, by the Service Provider or its
subsidiaries or affiliates located in India or elsewhere, in order to provide
you with the services of this website and the website. By agreeing to this
Policy, you consent to the transfer of all such information to
Contact Information. When you sign-up to participate on
the website, the Service Provider will ask you for certain information that
identifies you and allows the Service Provider to contact you ("Contact
Information"). The Service Provider collects Contact Information to
provide the requested products and services. The Service Provider may also use
Contact Information to contact you regarding the new Service Provider product
offerings. You may choose to limit or refuse these types of communications.
Occasionally, the Service Provider may provide your
Contact Information to its Business Partners whose products or services might
be of interest to you. The Service Provider will provide you the opportunity to
limit or deny third party access to your Contact Information. The Service
Provider may name your Organisation as a user in advertising, promotional, and
marketing materials.
The Service Provider may disclose aggregate
information about our Merchants with advertisers, business partners, sponsors,
and other third parties. This data is used to customize the content and
advertising of our Portal, and to provide the best customer experience
possible. Aggregate information will not reveal the identity of any individual
or the organisation.
The Service Provider has implemented technical, environmental,
and administrative measures to protect against the loss, misuse and alteration
of all information under its control.
While the Service Provider links to websites that
share its respect for privacy, the Service Provider is not responsible for the
information practices or the content of such web sites.
Transactional Data. The Service Provider will collect
data from your interaction with the website and your use of the Service
Provider's products and services ("Transactional Data"). The Service
Provider will maintain such Transactional Data in strict confidence and with
complete security. The Service Provider may make limited use of Transactional
Data, consistent with the Usage Agreement. The Service Provider will not
disclose organisation-specific Transactional Data. Transactional Data will only
be disclosed in aggregate form, without any information that would directly or
indirectly reveal the identity of an individual firm. The Service Provider will
disclose only historical Transactional Data. Any such disclosure will not
threaten to reveal competitively sensitive information or provide the
opportunity for anti-competitive behaviour.
AS SIGNIFIED BY MY ELECTRONIC CONSENT BY CLICKING ON
THE “ACCEPT” BUTTON BELOW, I HAVE READ, UNDERSTOOD, AND HEREBY AGREE TO
ABIDE BY THE TERMS SET
If you prefer to sign and fax this form to the Service Provider, please
complete the spaces below and fax to +91-22-26611285, ATTN: Legal, REF: Portal
Terms and Conditions
Signature: __________________________
Print Name: __________________________
Print Designation: __________________________
Print Portal Name(s) where Organisation is Registered: __________________________
Print Organisation Name and Portal User ID: __________________________
Print Telephone Number and Email: __________________________
(for use if the Service Provider has trouble receiving this form)