By signing the hard copy of the form
and faxing it to the number indicated or by continuing to use this web site http://haryanapmgsy.etenders.in, you
are stating that you have read and agreed to the Usage Agreement and Privacy
and Confidentiality Policy below.
Date:
USAGE AGREEMENT
Wipro Limited and
NexTenders (India) Private Limited in Consortium as the Service Provider
("the Consortium" or "the Service Provider") provides an
electronic government procurement software system and related services through which the Public
Works Department (Building and Roads, Government of Haryana (the “Buyer”) and the Buyer’s Contractors
/ Vendors / Suppliers ("the Bidders") can establish an electronic
platform for the tender, purchase, auction, reverse auction, etc. (“the
Transactions”) of projects, works, goods and services (“the Products”). These
services are accessible through the web site ("the Portal"), located
at http://haryanapmgsy.etenders.in.
This Usage Agreement and
the Privacy and Confidentiality Policy govern each Bidder’s
use of the Portal and participation in the Transactions, and, together,
constitute the "Terms and Conditions.” By signing a hard copy of the form and
faxing it to the number indicated or by continuing to use this web site, each Bidder
accepts and is legally bound by the Terms and Conditions. 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 posting. By assenting to these Terms and Conditions, Bidders agree to
periodically review the Terms and Conditions and be bound by any modifications
or amendments thereto.
It shall be ensured by
the Consortium to provide the Buyer a hardcopy of the Usage Agreement
officially for its record whenever the Usage Agreement is modified/ updated for
future reference.
Bidders that have any
questions about the Terms and Conditions are invited to contact
the Service Provider.
1. Bidders; Warranties
Through the platform
provided by the Consortium, Bidders can participate in the Transactions with
the Buyer.
USERS OF THE PORTAL
REPRESENT AND WARRANT THAT THEY (1) ARE DULY AUTHORIZED TO CONSENT TO THESE
TERMS AND CONDITIONS ON BEHALF OF THEIR RESPECTIVE COMPANIES; (2) CAN FORM
LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW; (3) HAVE 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) ARE
COMMERCIAL BUSINESSES, NOT CONSUMER VENDORS, FOR PURPOSES 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 a User to disclose its Password or share its User ID, Password,
or Digital Certificate with any unauthorized third parties, or to use its User ID,
Password, or Digital Certificate for any unauthorized purpose. Each User, and
not the Consortium, is solely responsible for any unauthorized use of User's
ID, Password, or Digital Certificate.
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, etc.) entered into through the
Portal are established between the Buyer and the Bidder. The Portal is a venue
through which the Buyer and the Bidders can transact. The Buyer decides with whom to do
business. The Consortium is not a party to any transaction entered into upon
the Portal. The Consortium does not set nor endorse the price, contract terms,
quality, safety, conformance or legality of the Products advertised or offered
for sale, the ability of sellers to sell Products or the ability of buyers to
buy Products. The Consortium cannot and does not control whether sellers will
complete the sale of Products they offer or whether buyers will complete the
purchase of Products they request for. The Consortium is not responsible with
respect to payment or collection for orders made and bids placed on the Portal.
4. No warranty
BY ASSENTING TO THESE
TERMS AND CONDITIONS, BIDDERS ASSUME ANY AND ALL RESPONSIBILITY AND RISK OF USE
OF THE PORTAL AND ANY PRODUCTS OR SERVICES CONTAINED THEREIN. THE CONSORTIUM
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 CONSORTIUM 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 OR
SELLER AND WHETHER ANY USER SHOULD DO BUSINESS WITH SUCH BUYER OR SELLER; AND
(D) AS TO THE ACCURACY OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE
PORTAL BY OR ON BEHALF OF ANY SELLER OR BUYER.
5. Release
Because the Consortium is
not a party to any User-to-Buyer, User-to-User or User-to-"Third Party
Provider" (as "Third Party Provider" is defined in Section 8)
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, each User hereby releases and agrees to
hold harmless the Consortium, and its officers, directors, subcontractors
(including without limitation technology providers) acting in their capacity of
providing services to the Consortium, 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 User, on the one hand, and any other User (whether or not
consummated) or any Third Party Provider, on the other hand.
6. Transaction Fees
Bidders agree 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 Buyer or the Consortium, as the case may be, upon demand by either
the Buyer or the Consortium. In the event a User 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. Bidders are 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.
7. Good Faith and Fair Dealing
Each User hereby agrees
to act in accordance with the principles of good faith and fair dealing when
transacting on or through the Portal. The Consortium reserves the right to
investigate any allegation or evidence of any User'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 a User's 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 User can negotiate off the Portal. Similarly, each User
agrees not to manipulate the terms of a transaction for the purpose of reducing
the transaction fee owed. If a User engages in such activity, said User will be
liable to pay the Consortium the applicable, appropriate transaction fee and
will be subject to such other sanctions as the Consortium may determine as
appropriate under the circumstances, in its sole but reasonable discretion.
8. Information posted on
the Portal
The Portal may contain
news and information published by various third party providers, some of which
may contain facts, views, opinions, analyses and recommendations of individuals
and organizations deemed of interest. The Consortium does not guarantee the
accuracy, completeness, or timeliness of, or otherwise endorse,
these views, opinions, analyses, or recommendations. Bidders assume 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 Consortium. The Consortium provides links only as a
convenience and does not endorse, and is not responsible for the contents of,
any linked site. Bidders assume sole responsibility and risk for use of such
third party links.
Each User's postings to the Portal are the sole responsibility of the User.
Each User hereby acknowledges and agrees that the Consortium has no obligation
to monitor Portal content or third party links, and expressly disclaims any
responsibility of the Consortium to filter any such content. However, the Consortium
reserves the right to take any action with respect to information posted on the
Portal that the Consortium deems inappropriate in its sole discretion,
including but not limited to the immediate removal of offensive or harmful
content, or suspension or termination of any User's rights of use. Bidders shall
not post information on the Portal that is, or offer Products or services for
sale that are:
In addition, Bidders 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 User does not have the right to link or include. Bidders must
obtain the Consortium's express permission to link this Portal to their web
sites. Furthermore, Bidders may not post to the Consortium or sell through the
Portal any Product or service that could cause the Consortium to violate any
applicable law, statute, ordinance, or regulation of any jurisdiction.
As a convenience to Bidders, the Consortium may identify various companies that
provide payment, security, inspection, financial, insurance and other services,
and the Consortium may, from time to time, provide access to these services
directly from the Portal. Additionally, the Consortium may provide Bidders with
introductions to or marketing information on behalf of providers of certain
products and services. All such parties shall constitute "Third Party
Providers”. The Consortium will not be a party to any agreement between a User
on the one hand and a Third Party Provider on the other hand, or play a part in
any negotiations between the parties involved. The Consortium may, however,
receive a commission, or other remuneration from Third Party Providers based on
the provision of such services, access, introductions, or information to Bidders.
9. Compliance with Laws
Each User 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).
Each User hereby acknowledges that the Consortium 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, each User 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.
10. Intellectual and Informational Property; Ownership
"User Information" shall include any information a User transmits to
the Portal, or provides to the Consortium, including without limitation, all
information provided in the registration, listing, or buying and selling processes.
User Information includes Contact Information and Transactional Data as further
described in the Privacy and Confidentiality Policy. Bidders retain sole
ownership of their User 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 Consortium
Information shall not be specific or identifiable to any particular User. Bidders
will have no ownership interest in or right of access to the Consortium information.
So that the Consortium does not violate any rights a User has in its User
Information, each User hereby grants to the Consortium 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 Portal, and the Consortium's marketing,
publicity and advertisement thereof in any form and media now known or
currently unknown. User Information will be used in accordance with the
then-current Privacy and Confidentiality Policy, incorporated herein by reference.
The Consortium may refer to any Company as a User in sales presentations,
marketing presentations and marketing activities.
The Portal 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 right, title and interest therein shall
remain the property of, the Consortium. 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. Bidders shall not remove any copyright, trademark or other
intellectual property or proprietary notice or legend contained on the Portal
or its content.
11. System Integrity
Each User hereby agrees not to
tamper in any way with the software or functionality of the Portal. Without
limiting the foregoing, each User 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.
12. Confidentiality
Bidders are 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 Consortium for the reconstruction of lost
data. Bidders agree not to disclose any other User's User Information
including, without limitation, all information provided during the buying and
selling processes. Bidders agree not to invade another User'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.
13. License
Subject to the Terms and Conditions, the Consortium hereby grants each User a
personal, non-transferable, non-exclusive, non-sub-licensable license to use
the software and the user interface for viewing and otherwise using the Portal
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 Portal shall belong to the
Consortium 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 Bidders, nor may derivative works be prepared therefrom. The license granted pursuant to the Terms and
Conditions is solely for the internal use of Bidders and may not be used for
any time sharing or service bureau purposes outside of User's organization. Bidders
shall not reverse engineer, decompile, or otherwise translate, in any way, the
software and user interface made available from, on or through this Portal. Bidders
shall have no right or claim of right to the software or any unique ideas found
on this Portal. No ownership rights are granted to Bidders hereunder and no
title is transferred hereby.
14. Our Relationship
Bidders and the
Consortium 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.
15. Termination
In its sole discretion,
the Consortium may restrict or terminate any User's usage of the Portal
products or services, postings, or current bids immediately if said User
breaches any of the Terms and Conditions, fails to pay any overdue amount as
described in Section 6, or if the Consortium is unable to verify or
authenticate any information provided by the User. In its sole discretion, the Consortium
can enforce this provision against individual employee-Users of a Bidder, or
the Bidder itself. Bidders may terminate their User IDs and Passwords at any
time. Notice of termination must be provided in accordance with the
requirements set forth in Section 18. Each User agrees that, upon termination
of this Usage Agreement, said User will pay all outstanding amounts owed to the
Consortium, 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.
Each User hereby acknowledges and agrees that in the event said User 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.
16. Statute of Limitations
Each User 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.
17. 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 Consortium nor the User 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. Each User and the Consortium 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
18. Notices
Except as explicitly
stated otherwise or required by law, each User shall provide any notices to the
Consortium by courier or postal mail to Wipro Limited at Doddakannelli, Sarjapur
Road, Bangalore – 560 035 and to NexTenders (India) Private Limited at “Yuchit”
Juhu Tara Road Mumbai 400 049, and the Consortium shall provide any notices to
User at the email and/or courier/postal address that each User provides to the Consortium
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.
19. Governing law and
jurisdiction
This Usage Agreement and
the relationship between any User and the Consortium, unless otherwise stated
in a separate agreement between any User and the Consortium, shall be governed
by and construed in accordance with the laws of India and the High Court of
Mumbai shall have exclusive jurisdiction without regard to conflict of law
provisions. Each User and the Consortium agree that the provision of the 1980
United Nations Convention on Contracts for the International Sale of Goods
shall not apply to any item sold on the Portal. The Consortium 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 do so on
their own initiative and are responsible for compliance with local laws.
20. Indemnification
Without limiting the
generality or effect of other provisions of this Usage Agreement, as a
condition of use, each User agrees to indemnify, hold harmless, and defend the Consortium
and its parents, subsidiaries, affiliates, suppliers and their officers,
directors, affiliates, subcontractors acting in their capacity of providing
services to the Consortium, 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 User'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 User'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 User's breach of any
of its obligations set forth in the Terms and Conditions; and (d) infringement
claims asserted against the Consortium based on its use of User's intellectual
and informational property; and (e) such User's agreements or transactions with
Third Party Providers. User shall not settle any such claim without the written
consent of the applicable Indemnified Party, which such consent shall not be
unreasonably withheld.
21. Limitation of
liability
IN NO EVENT SHALL THE CONSORTIUM,
NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, SUBCONTRACTOR
(INCLUDING WITHOUT LIMITATION TECHNOLOGY PROVIDERS AND SUPPLIERS) ACTING IN ITS
CAPACITY OF PROVIDING SERVICES TO THE CONSORTIUM, OR EMPLOYEE BE LIABLE TO ANY
USER 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 ANY USER 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 A USER'S ID
AND PASSWORD BY THE CONSORTIUM 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 CONSORTIUM’S REASONABLE CONTROL. THE CONSORTIUM’S
LIABILITY TO ANY USER OR ANY THIRD PARTY IN ANY CIRCUMSTANCES IS LIMITED TO THE
GREATER OF (A) THE AMOUNT OF TRANSACTION FEES PAID BY SAID USER OR PARTY FOR
THE TRANSACTION IN QUESTION GIVEN RISE TO LIABILITY, OR (B) RS. 5,000.
22. Miscellaneous
Provisions
These Terms and Conditions
constitute the entire agreement and understanding between the parties with
respect to the User'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 a User and the Consortium 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 any User without prior written permission
from the Consortium. A User shall not be construed to be a third party
beneficiary of any agreement between the Consortium and any supplier to the Consortium.
24. Copyright and trademark notices
The entire contents of
the Portal are copyrighted under applicable copyright laws. The Consortium or
its licensors are the exclusive owners of the copyrights.
Date:
PRIVACY AND CONFIDENTIALITY POLICY
The Consortium has a strong commitment to your privacy and the confidentiality
of the information we collect. The Consortium provides this Privacy and
Confidentiality Policy ("Policy") for the benefit of all of its
visitors and Bidders. If you have any questions or concerns regarding the Consortium's
information practices, or this Policy, please contact us.
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 signing a hard copy of the form and faxing it
to the number indicated, or continuing to use this web site, each User accepts
and is legally bound by the Terms and Conditions.
Notice to Non-Indian Bidders. Please note that the information you enter
on the Consortium’s web site ("the Portal"), or otherwise provide to
the Consortium, may be transferred outside of your country, for the purposes of
processing, by the Consortium or its subsidiaries or affiliates located in
India or elsewhere, in order to provide you with the services of this Portal
and the Portal. 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 Portal, we
will ask you for certain information that identifies you and allows us to
contact you ("Contact Information"). We collect Contact Information
to provide the requested products and services. We may also use Contact
Information to contact you regarding the new Consortium product offerings. You
may choose to limit or refuse these types of communications.
Occasionally, we may
provide your Contact Information to the Consortium’s business partners whose
products or services might be of interest to you. We will provide you the
opportunity to limit or deny third party access to your Contact Information.
The Consortium may name your company as a user in advertising, promotional, and
marketing materials.
We may disclose aggregate information about our Users 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 company.
The Consortium has
implemented technical, environmental, and administrative measures to protect
against the loss, misuse and alteration of all information under its control.
While the Consortium links to web sites that share its respect for privacy, the
Consortium is not responsible for the information practices or the content of
such web sites.
Transactional Data. The Consortium will collect
data from your interaction with the Portal and your use of the Consortium's
products and services ("Transactional Data"). The Consortium will
maintain such Transactional Data in strict confidence and with complete
security. The Consortium may make limited use of Transactional Data, consistent
with the Usage Agreement. The Consortium will not disclose company-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 Consortium 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 SIGNING THE HARD COPY OF THE FORM AND
FXING IT TO THE NUMBER INDIACATED OR BY CONTINUING THE USE OF THE WEB SITE, 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 Consortium, please complete the spaces below and fax to
+91-22-26611285, ATTN: Legal, REF: Portal Terms and Conditions
Signature: __________________________
Print
Name: __________________________
Print
Title: __________________________
Print
Portal Name(s) where Company is Registered: __________________________
Print
Company Name and Portal User Id: __________________________
Print
Telephone Number and Email: __________________________
(for use if the Consortium has trouble receiving this form)