Phone : 2287-0964/7557/9627/0568
E-mail : firstname.lastname@example.org
Fax : 2287-8547, 2281-3089
GENERAL TERMS & CONDITIONS OF USE OF REVERSE
e-AUCTION (for e-Procurement of Goods/Services) PORTAL
1. WELCOME TO MSTC !
These Terms & Conditions are for e-procurement by Reverse e-Auction or any other electronic mode.
This unique service of auction on the net is offered to prospective Buyer/Purchaser/Supplier/Seller interested in Purchase/Selling/Supplying Goods and/or Services (hereinafter referred to as User), subject to the following General Terms & Conditions of Service (“GTC”), which may be updated by us from time to time without notice to the User. The User can review the most current version of the GTC at any time at: www.mstcindia.co.in. In addition, when using particular MSTC services, the User and MSTC shall be subject to any Guidelines or Rules applicable to such services which may be posted on the Website from time to time. All such Guidelines or Rules are hereby incorporated by reference into the GTC. MSTC also may offer other services from time to time, such as that are governed by different General Terms & Conditions of Services.
2. DESCRIPTION OF SERVICE
The Users also understand and agree that the Service may include advertisements and that these advertisements are necessary for MSTC to provide the Service. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, shall be subject to the GTC.
The Users are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The User are responsible for those fees. In addition, the User must provide and are responsible for all equipment necessary to access the Service.
The User must be at least 18 years of age to access and view.
3. THE USER REGISTRATION OBLIGATIONS
In consideration of use of the Service, the User agree to: (a) provide true, accurate, current and complete information about themselves as prompted by the Service’s Registration Form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete, or MSTC has apparent / reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MSTC has the right to suspend or terminate his account and refuse any and all current or future use of the Service (or any portion thereof). MSTC is concerned about the safety and privacy of all its users.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
The Users will receive a Password and account designation upon completing the Service’s registration process. The Users are responsible for maintaining the confidentiality of the Password and account, and are fully responsible for all activities that occur under your Password or account. The User agree to (a) immediately notify MSTC of any unauthorized use of their Password or account or any other breach of security, and (b) ensure that they exit from their account at the end of each session. MSTC cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause. In the interest of the user, password or ID should not be saved on the browser.
6. MEMBER CONDUCT
The Users understand that all information including data, text, software, photographs, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.
The Users agree to not use the Service to :
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MSTC official, forum leader, guide or host, or falsely state or otherwise misrepresent the User affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that the User do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in auction related areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law,
l. stalk” or otherwise harass another; or collect or store personal data about other users.
The Users acknowledge that MSTC does not pre-screen Content, but that MSTC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, MSTC and its designees shall have the right to remove any Content that violates the GTC or is otherwise objectionable. The User agree that the User must evaluate, and bear all risks associated with, the use of any Content, and in all other parts of the Service.
The Users acknowledge and agree that MSTC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the GTC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MSTC, its users and the public.
The Users understand that the technical processing and transmission of the Service, including the User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. CONDITION OF GOODS
bids will be deemed to have been made by the User on the specific assumption
that the Users have read and understood the Special Terms & Conditions of
the Reverse e-Auction and they undertake to abide by the same in toto. No
complaint will be entertained from the Users in this regard.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, the Users agree to comply with all local Rules regarding online conduct and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the
transmission of technical data exported from
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MSTC does not claim ownership of Content the User submit or make available for inclusion on the Service. However, with respect to Content the User submit or make available for inclusion on publicly accessible areas of the Service, the User grant MSTC the following world-wide, royalty free and non-exclusive license(s), as applicable:
“Publicly accessible” areas of the Service are those areas of the MSTC network of properties that are intended by MSTC to be available to the general public.
The Users agree to indemnify and hold MSTC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of Content the User submit, post, transmit or make available through the Service, the User use of the Service, the User connection to the Service, the User violation of the GTC, or the User violation of any rights of another.
11. NO RESALE OF SERVICE
The User agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
The User acknowledges that MSTC may establish general practices and limits concerning use of the Service. The User further acknowledges that MSTC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
MSTC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with 15 days notice. The User agree that MSTC shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service provided such notice has been given to the User.
The User agrees that MSTC, in its sole discretion, may terminate the User password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MSTC believes that the User have violated or acted inconsistently with the letter or spirit of the GTC. MSTC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with prior notice of 15 days. The User agree that any termination of the User access to the Service under any provision of this GTC may be effected without prior notice, and acknowledge and agree that MSTC may immediately deactivate or delete the User account and all related information and files in the User account and/or bar any further access to such files or the Service. Further, the User agrees that MSTC shall not be liable to the User or any third-party for any termination of the User access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MSTC has no control over such sites and resources, the User acknowledge and agree that MSTC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The User further acknowledge and agree that MSTC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. MSTC’S PROPRIETARY RIGHTS
The Users acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Users further acknowledge and agree that Content contained in sponsor advertisements or information presented to the User through the Service or advertisers is protected or will be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MSTC or advertisers, the User agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The User agrees not to access the Service by any means other than through the interface that is provided by MSTC for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY UNDERSTAND AND AGREE THAT :
a. THE USER USE OF THE SERVICE IS AT THE USER SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSTC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MSTC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE USER REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER EXPECTATIONS,
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM MSTC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE GTC.
e. TIME DEFINITION CLARITY & RESPONSIBILITY (i) TIME FOR ALL PURPOSES IN THE CONDUCT OF THE REVERSE e-AUCTION SHALL DENOTE THE TIME AS REGISTERED IN THE MSTC REVERSE e-AUCTION SYSTEM. THE TIME AS DISPLAYED BY THE SYSTEM SHALL FOR ALL PURPOSES BE FINAL AND BINDING. (ii) ALL COMMUNICATION SHALL BE DEEMED TO HAVE BEEN COMPLETE AS AGAINST THE BUYER/SELLER AS SOON AS THEY ENTER THE RESPECTIVE PARTY’S SYSTEM RESOURCES. FOR THE PURPOSE, THE RESPONSIBILITY OF MAINTAINING THE SYSTEM’S RESOURCES AT THE PARTY’S END SHALL BE THAT OF THE PARTY CONCERNED.
18. LIMITATION OF LIABILITY
THE USER EXPRESSLY UNDERSTAND AND AGREE THAT MSTC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If the User intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, please read the above Clauses 17 and 18 again. They go doubly for the User. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. MSTC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to the User may be made via either email and/or regular mail. The Service may also provide notices of changes to the GTC or other matters by displaying notices or links to notices to the User generally on the Service.
22. GENERAL INFORMATION
The GTC shall constitute the agreement between you and MSTC and govern your use of the Service, superceding any prior agreements between the User and MSTC. You shall also be subject to Special Terms and Conditions that may apply when the User use affiliate services, third-party content. The GTC and the relationship between you and MSTC shall be governed by INDIAN laws without regard to its conflict of law provisions. You and MSTC agree to submit to the personal and exclusive jurisdiction of the courts located within the city of
auction shall be closed at the scheduled time as stipulated in each case unless
it is extended by the process of auto-extension as explained in Clause 3.3
under BUYER/SELLER SPECIFIC TERMS & CONDITIONS.
In such cases, the bidding shall remain open for only those lots against which bids have been received within specified period minutes of the scheduled closing time. All other lots will be closed for bidding.
On expiry of the auto-extension period by the system, a message AUCTION IS CLOSED will be displayed which will be construed that the particular lot(s)/ auction is closed for bidding.
The clause titles in the GTC are for convenience only and have no legal or contractual effect.
23. Supplier/Seller registered with MSTC Ltd and selected by Buyer can bid for the particular Reverse e-Auction. Buyer has the option to set Terms & Conditions for the material or service to be purchased. Seller/Supplier are to bid as per the Terms & Conditions set for the Reverse e-Auction. After closure of Reverse e-Auction, Buyer can accept one or more bid.
24. All disputes are subjected to jurisdiction of courts in Kolkata.
Please report any violations of the GTC to the Dealing Department.