This website is owned and operated by Invest India. You should read these terms and conditions (“Terms”) carefully before using this website. Invest India reserves all rights in respect of this website.
The documents and information displayed in this website are for reference purposes only and does not purport to be legal document(s).
Neither the Department for Promotion of Industry & Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India, nor Invest India does warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the ‘Business Immunity Platform’ (“Platform”). As a result of updates and corrections, the web contents are subject to change regularly.
The information posted on this website could include hypertext links or pointers to information created and maintained by non-Government/private organisations. Invest India is providing these links and pointers solely for your information and convenience. Invest India shall bear no responsibility or liability in relation to or arising out of third party user generated content. Invest India neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Invest India is merely an intermediary and does not interfere in the transaction between you and Buyers (as defined below).
By accessing or using this website, you unconditionally agree to these Terms and as they may be modified and/or supplemented any time by Invest India without notice to you, and these Terms constitute your binding obligations1 . As long as you comply with the Terms, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform. If you do not agree to be bound by these Terms, we request you to please redirect from the website.
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register on or use the Platform. Invest India reserves the right to refuse you access to the Platform if it is brought to Invest India’s notice or discovered that you are under the age of 18 years. You represent that you are duly authorized by the business entity you are representing to accept the Terms and you have the authority to bind the business entity to the Terms.
I. General Terms and Conditions
- Submission of information on the platform does not directly or indirectly imply that your organization (“you” or “Supplier”) qualifies for receiving an order or that your organization will receive an order. Placement of any order(s) is at the sole discretion of the authorized parties/ agencies/ departments/ ministries of Government of India including both central and state governments (each a “Buyer”). Invest India is not and cannot be a party to any transaction or dispute between parties in respect of placement of any orders or contracts entered into between such parties. Accordingly:
(a) All commercial/contractual terms are offered by you and agreed upon between you and Buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and warranties. Invest India does not determine, advice,
1 SAM & Co Note: Please note that while the Terms constitute a contract, the Supplier does not have any rights against Invest India under this contract.
have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and Buyers.
(b) Invest India does not implicitly or explicitly support or endorse the sale or purchase of any products and services pursuant to information provided on the Platform. Invest India accepts no liability for any errors or omissions of third parties in relation to the products and services.
(c) Invest India is not responsible for any non-performance or breach of any contract between you and Buyers. Invest India cannot and does not guarantee that you and Buyers concerned will perform transaction(s) pursuant to the information submitted and/or provided on the Platform. Invest India shall not and is not required to mediate or resolve disputes or disagreements between you and Buyers.
(d) Invest India does not at any point in time during a transaction between you and a Buyer pursuant to information submitted and/or provided on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the Buyer.
(e) At no time shall Invest India hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract.
(f) Invest India only provides a platform for communication of information and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the Buyer.
(g) Invest India does not solicit any offer or invitation to offer or solicit any person to register on the Platform and/or provide the information sought on the Platform. Any information provided by you on the Platform is voluntary.
- The mandatory condition in order to supply goods during this pandemic is that truthful and accurate information with respect to the organization, products/ services and any other details deemed necessary or useful by Invest India or any other state or central Government agency department/ ministry are provided. In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms, we shall have the right to suspend or terminate or indefinitely block you from accessing the Platform.
- The products supplied by the Supplier conform to the applicable international and government regulations and standards. Any discrepancy found can lead to penalization as per applicable government laws and regulations.
- The products offered for sale by the Supplier are either manufactured by the Supplier or are sourced/ purchased by the Supplier from third party suppliers/manufacturers.
- With regard to use of the platform, the Supplier undertakes to:
(a) comply with the Terms;
(b) refrain from any conduct or practice which may be deemed anti-competitive, or in violation
of laws, regulations and/or third party rights, and from spreading false, misleading and unlawful information;
(c) treat data and information as strictly private and confidential; and
(d) provide accurate and complete information at all time to the best of its knowledge.
- With regard to the use of the Platform, the Supplier represents and warrants that it has full ownership rights to or availability of all data, information, products and components provided to Invest India or any Government agency. The Supplier also represents and warrants that the use of such data, information and content by Invest India or any Government agency pursuant to the agreement shall not constitute a breach of any third party rights, nor of any laws and/or regulations.
- The Supplier acknowledges that submission of information on the platform doesn’t lead to any contract between Invest India or any Buyer and the Supplier.
- The Supplier may not exercise its right of withdrawal, once the purchase order has been issued to the Supplier. Invest India and other government agencies/ departments/ ministries will undertake reasonable endeavours to extend full support to the supplier in order to help it to fulfil the order.
- The Supplier agrees and undertakes to fully co-operate with Invest India and/or central and state governments as reasonably required, in connection with any customer-service functions undertaken.
- During this pandemic, it is the duty of the Supplier to carry out quality assessment of the products and ensure that it is of the optimum quality and conforms to the various standards and regulations prescribed.
- The Supplier hereby irrevocably confirms that upon receiving the confirmation of the order in respect of any product, the Supplier shall be entitled to, and be deemed to have been authorized to collect directly or through its nominees or third party service providers, the relevant product(s) from the vendor for the purposes of delivering to the Buyer, within the shortest possible time of the confirmed order being received.
- The Supplier shall ensure to provide all relevant authorisations to facilitate aforesaid collection of the relevant products.
- The Supplier shall be responsible for all warranty and aftersales services relating to the products as per its standard product warranty and maintenance contracts.
II. Use of the Platform
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) belongs to another person and over which you have no right;
(b) is false, inaccurate or misleading in any way;
(c) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
(d) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(e) infringes upon or violates any third party's rights including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
(f) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, account information, bulletins or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(g) interferes with another’s use and enjoyment of the Platform;
(h) refers to any website/URL which, at our sole discretion, contains material that is
inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of Terms;
(i) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(j) violates any law for the time being in force;
(k) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(l) impersonates another person;
(m) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(n) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
(o) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(p) shall create liability for us or cause us to lose (in whole or part) the services of our internet service provider or other suppliers.
- You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.
- You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of Invest India or Buyers or Suppliers on the platform or otherwise tarnish or dilute any Invest India trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Invest India’s systems, networks, or any systems or networks connected to Invest India.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
- You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
- You may not use the Platform or any content for any purpose that is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Invest India and/or others.
- Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for distribution to any potential Buyer for evaluation or for placement of any orders or entering into a contract with a potential Buyer or for any current or future promotional or advertising related activities and any business purposes of Invest India.
- From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead Buyers or other users on the Platform in any manner.
- You shall not engage in advertising or solicitation of other suppliers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to Buyers and/or other users acquired/via the Platform. It shall be a violation of the Terms to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material/information posted or provided on the Platform. Invest India shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the Terms. Notwithstanding this right, you remain solely responsible for the content of the material you post on the website and your independent communication with the buyers and other persons, regardless of form. In no event shall Invest India assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
III. Invest India’s Limitation of Liability and Absence of Warranties
- In no event shall Invest India be liable for any special, incidental, indirect, or consequential damages of any kind in connection with the terms, even if Invest India has been informed in advance of the possibility of such damages. Invest India shall in no way be held liable for any damage to the Supplier as a result of the use, malfunctioning, delayed or failed access and/or interruption or suspension in the use of the Platform including lost commercial opportunities, missed earnings, loss of data, damage to the company’s image, request for damages and/or claims from third parties, caused by:
(a) “Force Majeure”, that is to say, by way of example only: failure of power supply or telephone lines or network connection caused by third parties, strikes, industrial unrest, wars, government or civil or military reasons, embargoes, acts of vandalism and terrorism, epidemics, floods, earthquakes, fires and other natural disasters;
(b) incorrect use of the platform by the Supplier and/ or the Buyer;
(c) breakdown of Invest India’s information technology systems, telecommunications and/ or computing equipment
- The Supplier acknowledges and accept that:
(a) Invest India reserves the right to interrupt and/or suspend the utilization of the Platform and/or revoke the registration and activation at any time without incurring any liability;
(b) Invest India doesn’t guarantee the drawing up, if any, of a sale and purchase agreement or placement of any orders by the Buyers;
(c) The obligations undertaken by Invest India hereunder are best-endeavour obligations and by no means an obligation to achieve any result;
(d) Invest India doesn’t guarantee the legal capacity and/ or the good faith of any user of the platform;
a. Invest India does not guarantee the access to, the truthfulness and completeness of, and the compliance with the law and with third party rights of the contents of any website to which users may be referred through any links inserted on the Portal and/or the Platform.
IV. Intellectual Property Rights
- The Platform is controlled and operated by Invest India. All materials on the Platform, including images and illustrations, are protected by copyrights, trademarks and other intellectual property rights. The Supplier undertakes not to download, reproduce, copy, republish, upload, post, transmit, sell or distribute, in whole or in part, in any form or fashion, the contents and the information available on the Portal or received via the Platform, including by email or other electronic means and whether, directly or indirectly, and the Supplier undertakes not to not assist any other person to do so, without Invest India’s specific written authorization and for any other
- purpose than that of permitting access to the Portal and use of the Platform.
- The Supplier acknowledges that all personal and product information related data, as well as the data and information provided subsequently, will be entered into a database set up and exclusively owned by Invest India.
V. Information Technology Security
- Invest India shall adopt the most suitable technical and procedural measures in order to guarantee information technology security2
VI. Applicable Law and Exclusive Jurisdiction
- The platform, terms and conditions and any future agreement/ purchase order is governed by and shall be interpreted according to Indian law.
- Any disputes shall be submitted to the exclusive jurisdiction of courts in India.
VII. Protection of Personal Data
- Personal Data provided by the supplier will be processed for the following purposes:
(a) Implementation of pre-contractual negotiations and drawing up of any agreements;
(b) Management of the contractual relationship established; and
(c) Fulfilment of legal obligations relating to statutory, tax, accounting and other provisions of law.
- The personal data of the Supplier may be passed on, within the limits and for the purposes set forth in this notice, to public administrations pursuant to the law, as well as to third party suppliers of goods and/or services in the ordinary course and/or development of government of India’s activities. Parties to whom the data will be passed on may act as Data Controllers appointed by Invest India or central and state governments.
- The data and commercial information provided and/or submitted by the Supplier shall be treated by Invest India as strictly private and confidential and may be shared with the authorized Central and State Government agencies/ departments/ ministries and/or other Buyers as may be required.
You shall indemnify and hold harmless Invest India its affiliates and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the Terms or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
2 SAM & Co Note: The technical team of Invest India to evaluate and confirm the security standards that will be provided in respect of the Platform.