ApnaJugaad - Terms and Condition of ApnaJugaad usage

Terms and Condition of ApnaJugaad usage

www.apnajugaad.co.in is a web platform developed and maintained by Sarda Solutions & Technologies Private Limited, Raipur, India. (Hereinafter at places referred to as “SSTPL” /”we” ). The Portal has been trade marked with the name ApnaJugaad. Sarda Solutions & Technologies Private Limited, (SSTPL) Raipur, India is a Company registered under the provisions of Indian Companies Act having its registered office at 125, B Wing, Mittal Court, Nariman Point, ,Mumbai - 400021, Maharashtra, INDIA.

“You” herein means Registered Clients, Vendor, User, Seller, Buyers, Merchants, Affiliates etc. In order to create a user account and use the portal you must read and accept the portal User Agreement.

ApnaJugaad Customers are both who place their tenders on our portal and those who bid for the tenders. Therefore the Terms & Conditions are applicable to all our clients, vendors and all our registered users. Your access to and use of all information on this portal is provided subject to acceptance of Terms & Conditions.

ApnaJugaad provides this e-procurement portal and related services subject to your compliance with the user’s Terms & Conditions set forth below in this service agreement.

Please read the following information carefully. You may not complete your registration and use ApnaJugaad portal without reading the Terms & Conditions of use. With you agreeing to the Terms & Conditions, you agree to abide to the Terms & Conditions of ApnaJugaad. The electronic consent you provide by agreeing to the Terms & Conditions will be treated as good as your physical signature.

What is ApnaJugaad?
ApnaJugaad is a portal where users can buy or sell services and products of Industrial nature. The site primarily operates on an auction methodology where multiple parties bid to tenders floated on the website.

Who is a Client?
Users or Companies who for their own business float tenders, collect offers, create and conduct auctions on ApnaJugaad.

Who is a Vendor?
Companies who respond to the tenders with offers. The Vendors then participate in the auction floated by the Clients to get the order on ApnaJugaad.

What is Reverse Auction?
Any auction created by the Client to buy products, spares, services etc. The Vendors participate by invitation and bid to become lowest bidders. The lowest bidder eventually picks up the Client orders. In this auction, the Vendor sells and the Client buys.

What is Forward Auction?
Any auction created by the Client to sell their products, byproducts, waste etc. The Vendors participate by invitation and compete to be the highest bidders. The highest bidder eventually buys the Client's products. In this auction, the Clients sells and the Vendors buy.

“ETHICAL OATH:ApnaJugaad is a professionally managed B2B portal with a strong focus on transparency. The management of ApnaJugaad, as well as the Clients and Vendors of ApnaJugaad hereby agree to follow and adhere to a strict ethical code of conduct while transacting on ApnaJugaad. It is our ambition to establish ApnaJugaad as a reliable B2B portal with our strongest USP being trust and fair dealings for all including the Clients, Vendors and visitors of ApnaJugaad. ”

User's Terms & Conditions :

1. Clients / Vendors Registration, Password and Security

To use ApnaJuggad and avail its services, one must register by accepting and following the user's Terms & Conditions. Upon successful completion of Registration online, User ID and Password will be generated and communicated to the Clients / Vendors on it`s registered E-Mail. Only Registered Clients / Vendors can login with the provided user name / ID and password

Registered Clients / Vendors are solely responsible for maintaining the confidentiality of the User Name, password and account, and are fully responsible for all activities that occur under your password and account.

Registered Clients / Vendors agree to

(a) Ensure log-out from your account at the end of each session.

(b) Immediately notify ApnaJugaad of any unauthorized use of your password or account or any other breach of security, ApnaJugaad cannot and will not be liable for any loss or damage arising from your failure to comply with the foregoing. Registered user can always modify or update their profile as and when required at their discretion [Except ‘User ID’ and ‘Company name’]. This will (may) go through a verification process and approval process by ApnaJugaad every time before the changed profile is reflected.

2. System Requirements

It is a Client's / Vendor's responsibility to comply with the system requirements of hardware, software, Internet connectivity etc at their respective premises to access ApnaJugaad Portal. ApnaJugaad will have no role in providing such system.

3. Transaction Fee for Vendors's

There is no cost as of now for our registered vendor's i.e companies who can participate in any auction.

4. Transaction Fee for Client's

Clients (companies thar create auction in our unique portal) may touch our team to enquire for the charges etc.

5. Tender / Enquiry Submission by Clients

The Clients should complete all the processes and steps required for Tender / Enquiry submission. ApnaJugaad is not responsible/liable for any inaccurate Tender submitted by our registered clients.

6. Offer Submission by Vendors

The Vendors should complete all the processes and steps required for Offer submission. . ApnaJugaad is not responsible/liable for any inaccurate offer submittion by our registered vendors.

7. Upload files

The clients / Vendors have to ensure that the files being uploaded by them through this portal / website are free from all kinds of viruses and contains only the relevant information as stated by the tender inviting authorities for that particular auction / tender. If any Client / Vendor / company has uploaded / attached irrelevant data, bogus or fabricated certificates towards their qualification requirements to the respective tender then their user account will be liable for termination permanently by ApnaJugaad without any prior notice.

8. User Conduct

Client / Vendor agree that all information, data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Client/ Vendor are entirely responsible for all content that they upload, post, e-mail or otherwise transmit via the e-Procurement portal. ApnaJugaad does not control the content posted via the registered user in this portal and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will ApnaJugaad be liable in any way for any Content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Site. Except as permitted under law, clients / vendors are not permitted to copy, reproduce, republish, distribute or display any of the information on this portal without prior written permission of ApnaJugaad. We reserve the right to issue legal notice & take legal recourse if ApnaJugaad become aware of registered user's violating the above in our portal.

9. No Liability on Contents of Information

Tenders/ Offers shall be published by the authorized Tender Inviting authorities of the respective Procurement companies registered with ApnaJugaad. ApnaJugaad is not responsible for the information provided in the tenders published. In case of any clarifications arising out of the tenders, the users have to contact the respective Tender Inviting Authority of the respective company

The information on this portal is merely general. It is not intended as financial, investment or personal advice and should not be construed or relied on as such. Before making any commitment, Client / Vendor should do their own extensive research and should take self decision and /or seek advice from adviser or professional. No material contained within this portal should be construed or relied upon as providing recommendations in relation to any product or service. The following in this regard be noted:

(a) ApnaJugaad simply acts as a platform and shall not be responsible for the information uploaded on the portal by the registered Vendors, Seller, Buyers, Merchants, Affiliates or Service Providers. It does not produce any product and hence also is not liable for any after sales services what so ever.

(b) ApnaJugaad does not arrange contracts or agreements between Clients/ Buyers vendor, seller/buyer and third parties;

(c) ApnaJugaad has no right or power to bind either you or other registered Vendors , Seller, Buyers, Merchants, Affiliates or Service Providers in relation to their goods, productsor services;

(d) Any agreement entered into with a third party as a result of your use of this portal is an agreement between the third party and Client / Buyer Vendor; ApnaJugaad shall not be a made a party in any of such agreement.

(e) ApnaJugaad reserve the right to suspend or terminate the registration and recover the dues (if any) ;if at later date it is found that the information furnished by the Client /buyer / vendor is untrue, inaccurate,

(f) Providing information in the "Client/Vendor Information Form" does not constitute acceptance as an approved & registered vendor. The registration is the sole discretion of ApnaJugaad.

g) Being a registered client / vendor does NOT guarantee the receipt of notification for all applicable solicitations or invitation to offer or tenders

h) ApnaJugaad reserves the rights to evaluate the client / vendor on periodical basis and decide the continuation / discontinuation of business with them based on the evaluation report.

i) Client / Vendor is responsible for the content of the information and its client's/vendor’s responsibility to keep all information current and provide any subsequent up dates, additional information as and when required.

j) After reasonable time, the auction / tender information may be removed from the portal as per the decision of Apnajugaad Team.

10. Links

The Site may provide links to other World Web sites or resources. Because ApnaJugaadhas no control over such sites and resources, User/ Vendor, buyer ,seller acknowledge and agree that ApnaJugaad India is not responsible for the availabilityof 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. User/ Vendor further acknowledge and agree that ApnaJugaad 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.

11. Information Collected:

ApnaJugaad requires only minimum personal and business information. This information is also used for the purpose of client /vendor research. Also the information may / will be shared for the purpose of buyer / seller reach which is the purpose of ApnaJugaad. However, all care will be taken to avoid sharing of transaction data. Only the Name of the registered user, their Logos, Products that they deal in, Email , Contact Telephone numbers, address will be automatically shared.

ApnaJugaad may store certain important details such as the IP from the portal accessed, time, date etc for the purpose of any future tracking and all such data will be the property of ApnaJugaad.

This information would help us make our site more useful to visitors to learn about the number of visitors to our site and the types of technology our visitors uses etc.,

The information provided by Client/ Vendor on Apnajugaad will be used by ApnaJugaad for maximizing the reach of ApnaJugaad to new Clients / Vendors and hence by accepting the terms and conditions, Client / Vendor authorize Apnajugaad to use the information. However, transaction data shall not be shared by ApnaJugaad with others except for statistical purposes.

ApnaJugaad undertakes to take all due care with any information which you may provide to us in our portal. However we do not warrant and cannot ensure the security of any information, which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

12. Intellectual Property Rights

The copyright to all content on this portal including graphics, images, layouts and text belongs to ApnaJugaad and ApnaJugaad have a licence to use those materials.

All trade marks, brands and logos generally identified either with the symbols TM or ® or not , which are used on this portal are either owned by ApnaJugaad or ApnaJugaad have a licence to use them or are used with permission from each particular company, brand or trademark owner. Access to the portal does not license Client / vendor to use those mark, symbol in any commercial way.

Any specific Logo, TM used below to the respective owners of the marks and ApnaJugaad has no control over the same if posted by the user.

Any images, comments, feedback, idea or suggestion which Client / Vendor provide to us through this portal becomes ApnaJugaad property. ApnaJugaad reserves the right to use comments or feedback in promoting our portal.

Any use of Trademark / copyright without prior written permission from ApnaJugaad or any infringement thereof or by any otherwise means by which rights of ApnaJugaad gets affected shall attract violation of rights of ApnaJugaad and for which you along with your accomplice shall be liable to be prosecuted and / or held for heavy compensation as per Indian law.

13. Governing law

Terms shall be governed by, and construed in accordance with, Indian law. The parties irrevocably agree that the courts at Raipur Chhattisgarh shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts at Raipur, Chhattisgarh irrespective of whether Courts/Tribunals in other areas have concurrent or similar jurisdiction.

ApnaJugaad reserves the right to initiate any legal action against those bidders violating any of the above-mentioned terms & conditions.

14. Privacy

ApnaJugaad is committed to protecting the privacy of our portal registered users, clients, vendors and visitors. ApnaJugaad do not collect any personal or business information unless user/vendor voluntarily provides the same.

15. Disclaimers

While ApnaJugaad has taken all due care in providing the information on our portal, ApnaJugaad does not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty; which would otherwise be implied into these terms and conditions, is excluded.

ApnaJugaad also takes all due care in ensuring that our portal is free of any virus, worm, Trojan horse etc, however ApnaJugaad is not responsible for any damage to user /vendor computer system which arises in connection with use of ApnaJugaad portal or any linked portal.

The following be noted

i) ApnaJugaad does not give any warranties in relation to the goods, products or services provided by third parties and will not be liable to you or any third party for any failure, wrong or default of a registered Vendors, Seller, Buyers, Merchants, Affiliates or Service Providers

ii) ApnaJugaad takes no responsibility for the content, privacy or cookies of any Merchant, Affiliate, Service Provider or third party portal that links to or from this portal.

iii) ApnaJugaad gives no warranties and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or accessed through this portal;

iv)ApnaJugaad takes no responsibility for the correctness, accuracy or completeness of the information, or faults or errors in this portal or the information contained or linked from the portal

v) ApnaJugaad will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a third party and shall not be made a party in any agreement or any dispute resolution forum

16. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in/ outside India. ApnaJugaad failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. ApnaJugaad India may assign its rights and duties under this Agreement to any party at any time without notice to User/ Vendor. Any rights not expressly granted herein are reserved.

17. Modification of terms of Agreement

ApnaJugaad reserves the right to add to or change/modify the terms of this Agreement. Changes could be made by us after the first posting to the Site and User/ Vendor will be deemed to have accepted any change; if you continue to access the Site after that time. This Site reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

18. Force Majeure

ApnaJuggad will not be liable for any delay, interruption, failure (temporary or permanent) of services, corruption or any other disruption or event due to force majeure in which the event is beyond the control of ApnaJuggad and is caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, internet connection, poor network, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or any other events which are beyond our control.

19. Indemnity

By accessing ApnaJugaad portal, user /vendor agree to indemnify and hold ApnaJugaad harmless from all legal claims, actions, damages, costs and expenses including legal fees or otherwise arising from or in connection with your use of this portal.

ApnaJugaad will not accept liability for any losses or forgone profits incurred by user, vendors to this site who rely directly, or indirectly on any of the information contained or linked to from this portal.

The Information submitted in registration form for both Client as well as Vendor will be shared with other client & vendor of ApnaJugaad to increase the probability of Enquiry.

The terms & Conditions may be amended at the sole discretion of ApnaJugaad from time to time to make it relevant.

20. Contact us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this portal to support@apnajugaad.co.in

We operate as per the calendar working days of the company ( SSTPL ) whereas the portal being in the public domain is accessible round the clock unless not available during technical failures and maintenance periods.