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.


Date: 26th May 2010

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:

  • fraudulent or related to the sale of counterfeit or stolen items;
  • infringing of any third party's rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
  • transmitted anonymously or labelled under a false name;
  • in violation of any applicable law, statute, rule or regulation (including without limitation those governing export control, consumer protection, unfair competition, cartelisation, government / public sector procurement, anti-discrimination or false advertising);
  • obscene, indecent or pornographic;
  • defamatory, trade libellous, threatening or harassing; or
  • unsolicited or unauthorized advertisements, promotions, or other forms of solicitation.

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 India. The fees of the arbitrator shall be borne by the parties equally.

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 India or any other country decided by the Service Provider and the processing of that information by the Service Provider in the manner described in this Policy.

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 FORTH IN THESE TERMS AND CONDITIONS INCLUDING THE USAGE AGREEMENT AND THE PRIVACY AND CONFIDENTIALITY POLICY.


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)