The ISRO e-Procurement Portal provides an electronic government procurement software system and related services through which the Indian Space Research Organisation (the “Buyer”) and the Buyer’s contractors/vendors/suppliers ("Vendors") can establish an electronic platform for the tendering and bidding (“the Transactions”) of works, goods and services. These services are accessible through the web site ("Portal"), located at https://eprocure.isro.gov.in
This Usage Agreement and the Privacy
and Confidentiality Policy govern each Vendor’s use of the Portal and
participation in the Transactions, and, together, constitute the "Terms
and Conditions.” By continuing to use this Portal, each Vendor accepts and is
legally bound by these 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.
Vendors, if they have any questions about the Terms and Conditions are invited to contact Help Desk.
1. Vendor’s Warranties
Through this Portal, Vendors can
participate in the Tenders 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. 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 ID, password, or digital certificate with any unauthorized third parties, or to use its 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
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 Vendor. The Portal is a venue through which the Buyer and the Vendors can transact. The Buyer decides with whom to do business.
4. No warranty
BY ASSENTING TO THESE TERMS AND CONDITIONS, VENDORS ASSUME ANY AND ALL RESPONSIBILITY AND RISK OF USE OF THE PORTAL AND ANY PRODUCTS OR SERVICES CONTAINED THEREIN. THE BUYER PROVIDE THE PORTAL AND SERVICES "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE BUYER EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE.
5. 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 Buyer 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.
6. Information posted on the Portal
Vendors shall not post information on the Portal that is, or offer Products or services for sale that are:
7. Compliance with laws
Each User shall comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Portal, bidding on and retrieval of information. Each User hereby acknowledges that the Buyer has an express policy of complying with Government and Competition laws, in particular with respect to Government 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 procurement rules and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive agreement among competitors.
8. Intellectual and Informational Property; Ownership
"User Information" shall include any information a User transmits to the Portal, or provides to the Buyer, 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. Vendors retain sole ownership of their User Information. "The Buyer 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.
So that the Buyer does not violate any rights a User has in its User Information, each User hereby grants to the Buyer 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 Buyer’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 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 Buyer. 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. Vendors shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Portal or its content.
9. 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.
Vendors 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 Buyer for the reconstruction of lost data. Vendors agree not to disclose any other User Information including, without limitation, all information provided during the buying and selling processes. Vendors 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.
Subject to the Terms and Conditions, The Buyer 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 Buyer 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 Vendors, nor may derivative works be prepared therefrom. The license granted pursuant to the Terms and Conditions is solely for the internal use of Vendors and may not be used for any time sharing or service bureau purposes outside of User's organization. Vendors shall not reverse engineer, decompile, or otherwise translate, in any way, the software and user interface made available from, on or through this Portal. Vendors 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 Vendors hereunder and no title is transferred hereby.
12. Our relationship
Vendors and The Buyer are independent and no partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Usage Agreement, or the Terms and Conditions.
In its sole discretion, the Buyer 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, or if the Buyer is unable to verify or authenticate any information provided by the User. In its sole discretion, the Buyer can enforce this provision against individual employee-Users of a Vendor, or the Vendor itself. Vendors 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 16.
14. 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 these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. 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
Except as explicitly stated otherwise or required by law, each User shall provide any notice to the Buyer by courier or postal mail and the Buyer shall provide any notice to User at the email and/or courier/postal address that each User provides 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.
17. Governing law and jurisdiction
This Usage Agreement and the relationship between any User and the Buyer, unless otherwise stated in a separate agreement between any User and The Buyer, shall be governed by and construed in accordance with the laws of India and the High Court of Karnataka shall have exclusive jurisdiction without regard to conflict of law provisions. Those who choose to access this Portal from other locations do so on their own initiative and are responsible for compliance with local laws.
18. 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 Buyer 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 Buyer.
19. Copyright and trademark notices
The entire contents of the Portal are copyrighted under applicable copyright laws. The Buyer or its licensors are the exclusive owners of the copyrights.