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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.smegrid.com (hereinafter referred to as "Website") is owned by Actsys Technologies (India) Private Limited a company incorporated under the Companies Act, 2013 with its registered office Champaka building, No. P6C,1st Main, 1st stage, Peenya Industrial area, Bangalore Karnataka 560068,India (hereinafter referred to as "SMEGrid").
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 Website. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the SMEGrid website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. SMEGridreserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to SMEGrid's notice or if it is discovered that you are under the age of 18 years.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
The Website is a platform that Users utilize to meet and interact with one another for their transactions. SMEGrid is not and cannot be a party to or control in any manner any transaction between the Website's Users.
At no time shall SMEGrid hold any right, title or interest over the products nor shall SMEGrid have any obligations or liabilities in respect of such contract.
SMEGrid is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
SME Grid reserves the right to charge listing fees for certain listings, as well as transaction fees on the purchases and sale made using the Website and/or the Mobile application for both the buyer and the supplier. We reserve the right to alter any and all fees from time to time, without notice. In case, there is any short charging by SME Grid for listing or transaction fees or any other fee because of technical or other reasons, SME Grid reserves the right to deduct/charge/claim thebalance subsequently at its own discretion. SME Grid currently accepts payments through: (a) Indian credit cards and Indian debit cards; (b) internet banking of certain banks in India; and, (c)NEFT and RTGS transactions.
In cases of larger orders and in other cases that SME Grid deems appropriate, SME Grid may accept payments through cheques issued by banks in India or in cash. SME Grid may from time to time and in its sole discretion agree to accept payments through such other modes as SME Grid may deem appropriate.
All payments must be made in Indian Rupees. Current billing address, phone number, and other information demanded on the Website and/or Mobile application must be included with every request for booking/ reservation.SMEGrid reserves the right to change its Fee Policy from time to time.
In particular, SMEGrid may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SMEGrid reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become all commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms includewithout limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
Buyer and Seller must adhere to the terms and conditions that are prescribed by the payment gateways through which you choose to transact. SME Grid shall not be responsible for any Losses incurred by you while transacting through these payment gateways.
SMEGrid does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by SMEGrid.
Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered.
The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
SMEGrid does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. SMEGrid does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. SMEGrid accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
SMEGrid is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. SMEGrid cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. SMEGrid shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
SMEGrid does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users.
You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. SMEGrid does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no time shall SMEGrid hold any right, title or interest over the products nor shall SMEGrid have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. SMEGrid is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The following demonstrates User Agreement (hereinafter referred to as an "Agreement") between Actsys Technologies (India) Private Limited (hereinafter referred to as "SMEGRID") and the users of the Website ("You", "Your", "User"/"Users").
Before you subscribe to and/or begin participating in or using web site, SMEGRID believes that user(s) have fully read, understood and accept the Agreement. If you do not agree to or wish to be bound by Agreement, you may not access to or otherwise use the website.
Your use of a SMEGRID website www.smegrid.com (hereinafter referred to as "the website") and services available on a website is governed by the following terms and conditions. This User Agreement for the website shall come into effect on June XX, 2017. (Specify the date)
SMEGRID may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by SMEGRID. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872.
As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. SMEGRID advises its users that while accessing the website, they must follow/abide by the related laws. SMEGRID is not responsible for the possible consequences caused by your behaviour during use of website. SMEGRID may, in its sole discretion, reserve the right to terminate your membership and refuse to provide you with access to the Website at any time.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
When You use the Website or send emails or other data, information or communication to SMEGRID, You agree and understand that You are communicating with SMEGRID through electronic records and You consent to receive communications via electronic records from SMEGRID periodically and as and when required.
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily login and logout. User(s) can become a Registered User(s) by filling an online registration form on the website by giving desired information (name, contact information, details of its business, etc.). SMEGRID will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for login access to your Account. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and no personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) The address you use when registering is the principal place of business of such business entity; And (c) all other information submitted to SMEGRID during the registration process is true, accurate, current and complete. By becoming a Registered User, you consent to the inclusion of your personal and nonpersonal data in our online database and authorize SMEGRID to share such information with other user(s). SMEGRID may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification in interest of SMEGRID or general interest of its visitors/other members without giving any reason thereof.
Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by SMEGRID through phone calls, SMS notifications or any other means of communication, in respect to the services provided by SMEGRID.
You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by SMEGRID's registration form or provided by You 2. Maintain and promptly update the personal and nonpersonal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or SMEGRID has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, SMEGRID has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You understand and agree that SMEGRID and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. SMEGRID has no control over the third party user generated contents.
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 item specifics of such items or services so as to mislead other Users in any manner.
SMEGRID is not an expert in your intellectual property rights, and we cannot verify that the Suppliers of our online marketplace have the right to sell the goods and/orservices offered by them. SMEGRID is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, SMEGRID is not endorsing a claim of infringement. Neither, in those instances in which SMEGRID declines to take down a listing, is SMEGRID determining that the listing is not infringing, nor is SMEGRID endorsing the sale of goods in such cases. SMEGRID does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on its web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with its services.
SMEGRID respects the intellectual property rights of others, and we expect our Suppliers and User(s) to do the same. We believes that the User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the "SMEGRID content") for the purpose of reselling or redistributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with SMEGRID, or otherwise commercially exploiting the SMEGRID content. Systematic retrieval of SMEGRID content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from SMEGRID is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of SMEGRID's services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. SMEGRID reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the SMEGRID service, or if SMEGRID believes that user(s) conduct is harmful to the interests of SMEGRID, its affiliates, or other users, or for any other reason in SMEGRID's sole discretion, with or without cause. In no event SMEGRID shall be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its services. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
SME GRID provides a platform for exchanging information between buyers and suppliers of products and services. SME GRID Services does not represent the seller or the buyer in any transactions. SME GRID does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale by SME GRID or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Buyers are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences. SME GRID cannot and does not confirm each user(s) purported identity.
Buyers acknowledge that they fully assume the risks of purchase transactions when using the SME GRID Services to conduct transactions, and that they fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the SME GRID Services.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, use of products or services offered may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any partythat they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the SME GRID Services as a result of purchase and sale transactions in connection with using the SME GRID Services may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".
Buyers agree that SME GRID shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the SME GRID Services.
In the event of a dispute with any party to a transaction, buyers agrees to release and indemnify SME GRID (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Buyers may use the content/features on SME GRID Services solely for their personal or internal purposes. Buyers agree that they will not use SME GRID database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
If the buyers go to the Court of law/Consumer Court on the basis of unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. SMEGrid doesn’t have any obligations or liabilities and SME Gris is acting as a mere intermediary between buyers and sellers, so it doesn’t come under Consumer Protection Act.
The Supplier shall indemnify and hold harmless SMEGrid in respect of Third Party life and Property damage claims arising out of the fire protection or other products available on the website of SMEGrid.
SMEGrid is just acting as pure marketplace and not doing any sale and purchase of goods/article.
All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. SME Grid reserves the right to delete such multiple listings of the same product listed by you in various categories.
Under no circumstances shall SME GRID Services be held liable for an delay or failure or disruption of the content or services delivered through the SME GRID Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labouror materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
User(s) hereby agree to indemnify and save SME GRID, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the SME GRID Services (including but not limited to the display of your information on the SME GRID Website) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save SME GRID, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to SME GRID.
User(s) hereby further agree to indemnify and save SME GRID, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the SME GRID Website of otherwise. User(s) hereby further agree that SME GRID is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. SME GRID reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with SME GRID in asserting any available defenses. SME GRID shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.
SME Grid shall not have any obligation to ensure availability of the Website and/or Mobile application including during periodic maintenance operations and/or any unplanned suspension of access to the Website and/or Mobile application that may occur due to any technical reasons or any other reasons. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website and/or Mobile application
Mobile application is done entirely at its own risk and that SME Grid will not be responsible for any Loss to the User’s computer systems or loss of data that results from the download of such material and/or data.
Most content and some of the features of the SME GRID Services are made available to visitors free of charge. However, SME GRID reserves the right to terminate access to certain areas or features of the SME GRID Services (to paying or registered users) at any time for any reason, with or without notice. SME GRID also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of SME GRID and/or other visitors. SME GRID reserves the right to limit, deny or create different access to the SME GRID Services and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
SME GRID withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection with the member account to SME GRID, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of SME GRID Services.
(c) Utilize SME GRID Services to send spam messages or repeatedly publish the same product information.
(d) Post any material to members that are not related to trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form.
(f) Any unauthorized access, use, modification, or control of the SME GRID Services data base, network or related services.
If SME GRID terminates user(s) membership, user(s) will not have the right to re-enrol or join SME GRID under a new account or name unless formally invited to do so by SME GRID. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the SME GRID Services wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the SME GRID Services be liable to the user(s) or any third parties for any inability to use the SME GRID Services (whether due to disruption, limited access, changes to or termination of any features on the SME GRID Services or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the SME GRID Services or any of its features.
All notices or demands to or upon SME GRID shall be effective if in writing and shall be duly made when sent to Actsys Technologies (India) Private Limited in the following manner: No.P6C, Champaka building, 1st cross,1st main, Peenya Industrial Area, Bangalore-560058
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to SME GRID, or by posting such notice or demand on an area of the SME GRID Website.
Notice to a User(s) shall be deemed to be received by such User(s) if and when SME GRID is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon SME GRID's posting such notice on an area of the SME GRID website.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.SME GRID's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives SME GRID's right to act with respect with subsequent or similar breaches.
SME GRID shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
All calls to SME GRID are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from SME GRID may be monitored and recorded.
Actsys Technologies (India) Private Limited,
No.P6C, Champaka building,
1st cross,1st main,Peenya Industrial Area,
THIS AGREEMENT (THE “AGREEMENT”) IS AN ELECTRONIC DOCUMENT IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/ RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THE AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN THE SELLER AND SMEGRID (BOTH TERMS DEFINED UNDER). THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE UPON THE SELLER’S ACCEPTANCE OF THE SAME AND WILL GOVERN THE RELATIONSHIP BETWEEN SMEGRID AND THE SELLER, INCLUDING WITH RESPECT TO THE LISTING, MARKETING, SALE, TRANSPORTATION AND DELIVERY OF ANY PRODUCTS THROUGH THE WEBSITE/MOBILE APP (DEFINED UNDER). IF ANY TERMS OF THIS AGREEMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY SMEGRID.
For the purpose of this Agreement, the individual or any legal entity (company, sole- proprietorship, partnership, HUF, Trust, Society, Association of person etc.) representing itself through its duly appointed authorized signatory only, who has completed SMEGrid’s Supplier Registration Form as required by SMEGrid (hereinafter, referred to as the “Seller”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include the Seller’s heirs / subsidiaries, affiliates, successors and permitted assigns) shall constitute the FIRST PART;
Actsys Technologies (India) Private Limitedis a company incorporated under the Companies Act, 2013, having its corporate office at Actsys Technologies (India) Private Limited, No.P6C,Champaka building, 1st cross,1st main,Peenya Industrial Area, Bangalore-560058 (Hereinafter referred to as, “SMEGrid” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns) shall constitute the SECOND PART. Seller and SMEGrid may be referred to as the “Party” individually and as the “Parties” collectively, as the context may require.
1. Actsys Technologies(India) Private Limited owns and operates an online market place on the Website/Mobile App / mobile app located at the URL www.SMEGrid.com (the “Website/Mobile App”) which acts as an online platform for different sellers to sell their Products and for different buyers to access a range of Products and to purchase the Products offered by sellers;
2. The Seller being desirous of using the Website/Mobile App as a platform to offer and sell the Seller’s Products (defined under) to the Buyers has completed SMEGrid’s Supplier Registration Form to register as a registered seller on the Website/Mobile App; and
3. As a part of the registration process, SMEGrid requires the Seller to agree to the terms and conditions for offering for sale, and selling, the Products, dispatching the Products purchased by a Buyer (defined below), and accessing and using the Seller Panel (defined below) on the Website/Mobile App as detailed in this Agreement.
shall mean the Seller’s affirmative action of clicking the “I Agree” button declaration provided at the end of this Agreement, by which action the Seller clearly accept the terms and conditions of this Agreement.
shall mean these terms and conditions stated in this Agreement in its entirety, including all content which is referenced in this Agreement, binding upon the Seller on Acceptance of the terms contained herein. For the avoidance of doubt, it is hereby clarified that the SMEGrid Policies, Commercial Term Segment, Special Pricing Agreement (if executed) and all other terms and conditions governing the subject matter contained herein shall form an integral part of this Agreement and be read as a part and parcel herewith.
1.3 “Banned Products”
shall mean counterfeited products and all such products banned by the Government of India (in the construction segment).
shall mean any user of the Website/Mobile App who purchases any Product of the Seller through the Website/Mobile App.
1.5“Commercial Term Segment”
shall mean the document/ web page containing various commercial terms applicable to the Agreement as amended from SMEGrid from time to time.
shall mean the invoice as may be raised by the Seller on the purchase of the Seller’s Product by a Buyer, through the Website/Mobile App.
1.7 “Marketplace Margins”
shall mean a percentage of the Selling Price payable to SMEGrid by the Seller on the sale of any Product through the Website/Mobile App. This percentage may vary from Product to Product, as provided in the Commercial Term Segment.
1.8 “Payment Collection Fees”
shall mean the fees (or percentage) as may be provided in the Commercial Term Segment as payment collection fees.
1.9 “Digital Store Fees”
shall mean the fee payable by the seller as part of displaying his Products on the Website/Mobile App (www.SMEGrid.com).
1.10 “Seller Panel”
shall mean a web page / account provided by SMEGrid to the Seller with a unique login id and password to update the order status, price and inventory of the Products on the Website/Mobile App.
shall mean the product(s), made available by the Seller for sale on the Website/Mobile App.
shall mean the price of a Product in INR at which such a Product is offered for sale by the Seller to the prospective buyer on the Website/Mobile App.
1.13 “SMEGrid Policies”
shall mean the period commencing from the date of acceptance of this Agreement by the Seller up to the termination of this Agreement as provided herein below.
1.15 “Website/Mobile App”
shall mean the Website/Mobile App located at the URL “www.SMEGrid.com” or such other URL as may be specifically provided by SMEGrid.
The role of SMEGrid under this Agreement is merely that of an intermediary and the Website/Mobile App is only a platform where the Seller may offer its Products for sale and accordingly, when a Buyer elects to purchase a Product through the Website/Mobile App, SMEGrid shall receive the order for the Product only in the capacity of an online marketplace. Accordingly, the role of SMEGrid is limited to managing the Website/Mobile App for the display of the Products and other incidental services to facilitate the transactions between the Seller and the Buyers. In this regard, it is clarified that the role of SMEGrid islimited to putting the Buyers in touch with the relevant Sellers for the provision of the Products and all commercial/contractual terms are between Buyers and Sellers alone. SMEGrid neither exercises any control nor does it determine, advice, solicit or in any way involve itself in such commercial/contractual terms between the Buyers and Sellers. SMEGrid does not assume responsibility for the Products and services provided by the Sellers. The Website/Mobile App is only a platform that can be utilized by Sellers to reach a larger base to buy and sell Products and the contract for sale of any of the Products or services shall be a contract only between the Seller and the Buyer.
Accordingly all commercial terms such as dispatch, delivery of the Products, warranties, etc., are bipartite contracts between the Buyer and the Seller and the payment facility is merely used by the Buyer and the Seller to facilitate completion of the transaction. Use of the electronic payment facility or the cash before dispatch method shall not render SMEGrid liable or responsible for the non-delivery of the Products listed on the Website/Mobile App or for any other reason whatsoever. The Seller also agrees that the payment facility provided by SMEGrid is neither a banking service nor a financial service but in providing such facility, SMEGrid is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash before dispatch, for the transactions on the Website/Mobile App. Further, by providing a payment facility, SMEGrid is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website/Mobile App.
SMEGrid shall not be liable for the sale of the Products by the Seller through the Website/Mobile App or any loss incurred by the Seller or the Buyer there from.At no time shall SMEGrid have any obligations or liabilities in respect of such contract nor shall SMEGrid hold any rights, title or interest in the Products. SMEGrid shall not be responsible for any unsatisfactory or delayed performance of the Seller including delays as a result of the Products being out of stock.
• As a part of the Registration process, the Seller confirms that the Seller has completed the Seller Registration Form and provided other relevant details as required by SMEGrid, including for the creation of the Seller Panel. The Seller represents that the Seller, in its individual capacity and/or as an authorized representative of the entity registering as a seller on the Website/Mobile App, is competent to contract, is at least eighteen (18) years of age, is of sound mind and is not disqualified from entering into a lawful contract under any law in India.
• The Seller also represents that the Seller has provided to SMEGrid the Seller’s information such as name, contact details, email address, account details, PAN number, VAT, TAN number. and other compliance related details through the Seller Registration Form and that such information is true and correct as on date. In the event of any changes to these or other details or information submitted by the Seller, the Seller shall inform SMEGrid of the same immediately.
• The Seller acknowledges and is aware that the Seller has the option of accepting or declining to accept this Agreement. The Seller accordingly agrees that the Seller’s Acceptance to this Agreement shall be given if and only if the Seller is agreeable to the terms and conditions provided herein, and therefore the Acceptance, if provided, shall imply the acceptance of the terms hereof. Further, there are several underlined words and phrases that are hyperlinked to various SMEGrid Policies on the Website/Mobile App. The Seller represents that the Seller has read this Seller Agreement and the policies made available on the Website/Mobile App and accordingly, by accepting this Seller Agreement, the Seller accepts all the SMEGrid Policies.
• The Seller will be responsible for maintaining the confidentiality of the Seller Panel and the information provided therein, and shall be fully responsible for all activities that occur under the Seller’s Seller Panel or the information provided to the SMEGrid team. The Seller agrees to (a) immediately notify SMEGrid of any unauthorized use of the Seller’s account information or any other breach of security, and (b) ensure that the Seller exits from the Seller’s Seller Panel at the end of each session. SMEGrid cannot and will not be liable for any loss or damage arising from the Seller’s failure to comply with this Section. The Seller may be held liable for losses incurred by SMEGrid or any other user of, or visitor to, the Website/Mobile App due to authorized or unauthorized use of the Seller’s Seller Panel as a result of the Seller’s failure in keeping the Seller’s Seller Panel and the account information secure, absolute, correct and confidential.
• The Seller agrees that as a registered Seller of the Website/Mobile App, the Seller shall not transfer / sell / trade the Seller Panel to any other person or entity.
• SMEGrid reserves the right to determine the Sellers who may sell on the Website/Mobile App. SMEGrid also reserves the right to suspend access to registered Sellers to the Website/Mobile App and the Seller Panel, or to terminate such access granted under this Agreement, without assigning any reasons for doing so. SMEGrid also reserves the right to select / delist the Products displayed/offered for sale or to be displayed/offered for sale on the Website/Mobile App.
• 4.1 In consideration of SMEGrid providing a platform for the Seller to display its Products and a marketplace where Users can browse the Website/Mobile App to purchase these Products thereby providing the Seller with a wide access to customers across the country, the Seller shall be liable to pay SMEGrid a Marketplace Margins.
The Seller further agrees to pay SMEGrid a Digital Store fee. All such fees payable shall be as defined by SMEGrid from time to time in its Commercial Term Segment. Such a Marketplace Margins, Digital Platform fee shall be inclusive of all taxes except service tax which shall be charged at the commercial relevant rates.
• 4.2 SMEGrid shall also be entitled to collect Payment Collection Fee (if applicable) from the Seller for payments made through payment gateway /cash before dispatch basis. The Seller agree and acknowledge that the Seller will pay to SMEGrid, the Marketplace Margins and Payment Collection Fees (if applicable) and any other fees, as provided in Commercial Term Segment, for all the orders received through SMEGrid.
• 4.3 The Parties agree and acknowledge that SMEGrid shall have the right and option to recover/adjust any outstanding amount due to, or from, the Seller in one transaction, against any payments due to, or from, the Seller in other transactions under this Seller Agreement from any Seller Proceeds payable to the Seller and the Seller undertake not to object to such recovery/adjustment.
• 4.4 Incase Buyer defaults on payment or in the event of a cheque bounce, either SMEGrid or Supplier or jointly, have the full right to initiate appropriate legal action to recover the full value of the supplier invoice, interest, legal and other applicable charges.
• The Seller agrees that the Seller will abide by the terms and conditions of this Agreement and SMEGrid Policies, including any amendments thereto made by SMEGrid from time to time which may be made without notice to the Seller.
• The Seller shall upload the Product listings for the sale of the Products in the appropriate category, through the Seller Panel /Registered Account or inform the appropriate authorized personnel at SMEGrid. The Seller shall also be required to provide all details relevant to the sale / purchase of the Products(features and physical attributes), including the Selling Price, an informative description of each Product (including but not limited to the grade of the Product) and its contents, by way of text descriptions, graphics, or pictures or videos. These Product listings and details shall be displayed on the Website/Mobile App, along with the Selling Price and the Seller shall be responsible for ensuring that the details of Products are updated and reflects the real time availability / non-availability of the Products listed on the Website/Mobile App.
• The Seller represents that the Seller shall provide accurate Product information on the Seller Panel/Website/Mobile App or to the SMEGrid team. The Product description shall not be misleading and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Website/Mobile App, The Seller agrees to refund any amounts that the Seller may have received from the Buyer and we will not have any liability to compensate the same.
• The Seller shall be responsible for ensuring that the Seller Panel or relevant SMEGrid team is updated and reflects the real-time availability / non-availability of the Products listed on the Website/Mobile App. SMEGrid shall not be responsible for claims made by Buyers for inaccurate Product availability details that are displayed on the Website/Mobile App due to any negligence / default on the part of the Seller to provide updated and accurate Product information. The Seller shall be required to retain an adequate inventory of the Products listed on the Website/Mobile App, for successful fulfilment of orders.
• The Seller shall not attempt to sell any Banned Products. SMEGrid shall be entitled to block all such products and shall also have the right to suspend or terminate the Seller’s access to the Seller Panel and the Website/Mobile App or terminate this Agreement forthwith.
• For all orders placed on the Website/Mobile App, payments shall be collected by SMEGrid on behalf of the Seller, in the mode (i.e., payment gateway or cash before dispatch) as opted for by the Buyers. The Seller hereby authorize SMEGrid to process, facilitate, collect and remit payments to the Seller, (collected either electronically or through cash before dispatch), from the Buyers in respect of sale of the Products through the Website/Mobile App. The Seller also agrees that, in doing so, SMEGrid will be merely acting as the Seller’s limited agent with the sole intent and purpose of facilitating the sale and purchase of Products through the Website/Mobile App.
• On the Buyer making the payment of the Selling Price through the payment gateway provided on the Website/Mobile App or opting for cash before dispatch, the Seller will be intimated of the same through the Seller Panel.
• SMEGrid shall provide the necessary backend infrastructure, like call center, order management system, etc for capturing the Buyer/order details placed on the Seller. Orders placed by the Buyer will be forwarded to the Seller/reflected in the Seller Panel.
• All Products shall be properly labelled and packed with appropriate care considering the nature of the Products and the transportation thereof and where necessary be clearly marked as “Fragile” to bear the impact of travel. The Seller shall procure packing material/ cartons to package the Products at the Seller’s own cost. The Seller shall package and transport the Product(s) and if SMEGrid issues packaging and transport guidelines, the Seller shall adhere to the same. The Seller shall make such disclosures including maximum retail price of the Product, along with other statutory declarations on each Product and/or on its packaging in accordance with applicable laws. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of the Seller alone.
• The Seller shall ensure that the purchased Product is dispatched to the Buyer, within such time period as indicated by the Seller to the Buyer (which SMEGrid may prescribe from time to time), along with all the required information, manuals, accessories (where applicable) warranty documents (where applicable) and any other relevant documents, to enable the Buyer to optimally use the Product purchased. The Seller shall also issue a corresponding Invoice in the name of the Buyer, which Invoice shall be sent to the Buyer along with the Product. The Seller shall be responsible to update the authorised representative of SMEGrid and Seller Panel to reflect this development.
• The Seller shall keep SMEGrid informed promptly on any information that shall impact the delivery of a Product to the Buyer.
• The Seller confirms and understands that selling and delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website/Mobile App will cause great prejudice and harm to the reputation and goodwill of SMEGrid and may also cause harm and prejudice to the Buyers. The Seller acknowledges and warrant that the Seller shall not sell any Product which may cause prejudice or harm to the reputation and goodwill of SMEGrid. Further, if SMEGrid receives any complaint from any Buyer or if the Seller sell or deliver wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website/Mobile App then the Seller shall be liable to pay three times the Selling Price of the Product sold, as damages to SMEGrid. SMEGrid reserves the right to adjust the above amount from any amount accrued to the Seller pursuant to this Agreement.
• The ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same at the destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone.
• The Seller is further aware of SMEGrid’s Returns and Cancellation Policy available on here .The Seller agrees to abide by all terms stated therein and all obligations imposed on the Seller under the said policy (including timelines, returns, replacement and cancellations).
• The Seller and SMEGrid may reach a mutual agreement with regard to special pricing of some or all of the Products being offered by the Seller for listing the Products on the Website/Mobile App (hereinafter “Special Pricing”). In such case, the Parties shall exchange a separate document with respect to the terms and conditions applicable to such Special Pricing and if executed, such document shall be deemed to form part and parcel of this Seller Agreement.
Where the Product has not been delivered due to any reason whatsoever, SMEGrid shall refund to the Buyer, the Selling Price paid by the Buyer to purchase the Product and shall cause the Product to be returned to the Seller. In such an event the Seller shall be liable to pay SMEGrid and SMEGrid shall be entitled to recover from the Seller the Marketplace Margins, Payment Collection Fees and any other applicable charges.
In the event of any default by the Seller to deliver the Product to the Buyer on time or at all, the Seller shall immediately update the Seller Panel / send an email to SMEGrid informing of such non-delivery and the reasons thereof, immediately on the occurrence of such event. The Seller hereby agrees to accept all Products (cash before dispatch/ online payment), which are refused/not accepted by the Buyer at the time of delivery.
• The Seller shall treat SMEGrid as the Seller’s most preferred marketplace to display and sell the Products and in doing so, the Seller shall quote the best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Website/Mobile App.
• SMEGrid shall have the right to amend the SMEGrid Marketplace Margins percentage applicable to each Product category as provided in the Commercial Term Segment, with prior notice of the same to the Seller. Accordingly, SMEGrid shall, at least twenty four (24) hours prior to the implementation of the revised SMEGrid Marketplace Margins percentage for any Product, notify the Seller, by way of an email and/or a notification on the Seller Panel detailing such modifications/amendments/revisions to the SMEGrid Marketplace Margins. It shall be the Seller‟s responsibility to review the emails / notifications sent by SMEGrid from time to time. The Seller’s continued use of Seller Panel (including any updating any information in Seller Panel, listing of Products, inventory maintenance, etc.) after modifications/amendments/revisions of the SMEGrid Marketplace Margins shall be deemed as acceptance of such modifications/amendments/revisions.
• SMEGrid reserves the right to run promotions and offers providing benefits/discounts on the Selling Price to the Buyer on the Website/Mobile App on various Products. Similarly, Seller may provide a discount / offer on the Products by lowering the Selling Price. Notwithstanding the above, the Selling Price of all Products offered on the Website/Mobile App shall be either equal to, or less than, the maximum retail price of that Product. The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in accordance with applicable laws.
• The Selling Price in respect of a Product purchased by a Buyer shall be receivedin full by SMEGrid either through the online system, i.e., the payment gateway offered by SMEGrid on the Website/Mobile App, or by way of cash before dispatch.
• The Seller will be responsible for payment of all applicable taxes including sales tax and VAT.
• The Seller agrees and acknowledges that the Seller will pay SMEGrid, the SMEGrid Marketplace Margins, and Payment Collection Fees, and any other fees, as provided in the Commercial Term Segment,
• The Seller shall maintain records of all the Products purchased by the Buyers through the Website/Mobile App, all returns, refunds, etc., as may be required for audit and regulatory purposes and for the Website/Mobile App’s customer service purposes. During the Term, the Seller shall appoint a representative, who shall be SMEGrid’s point of contact for any and all matters related to this Agreement, including all sales and delivery related matters.
• The Seller shall be solely responsible and liable for any complaints and queries of Buyers with respect to the Products, delayed delivery or non-delivery of the Products purchased or any complaints with respect to the quality, quantity, details and designing of the Products delivered.
• SMEGrid shall not be responsible for claims made by Buyers for inaccurate Product availability or details that are displayed on the Website/Mobile App due to any negligence / default on the part of the Seller to provide updated and accurate Product information.
• The Seller hereby agrees and undertakes that the Seller shall comply with all applicable Indian laws including national, state, regional and local laws and regulations, including but not limited to compliance with laws relating to sales tax, registrations, VAT etc. The Seller shall be responsible for payment of the Seller’s own taxes and any taxes/levies/cess applicable on the Products sold through the Website/Mobile App, and shall indemnify and hold harmless, SMEGrid, from any liability in this regard. The Seller shall obtain and maintain all necessary government clearances, permits, licenses, stamps, certificates, approvals or similar requirements from the local authorities and to keep such licenses and permissions valid and in force for selling the Products on the Website/Mobile App or otherwise during the term of this Seller Agreement. The Seller shall, as soon as it becomes aware of the same, notify SMEGrid of any changes in the laws and regulations relating to the nature, method or manufacture, packaging and labelling of the Products. Failure on the part of the Seller to take necessary clearances and registrations, or abide by statutory provisions as required under Applicable Law shall be treated as a material breach of its obligations and SMEGrid shall have the right to terminate this Seller Agreement.
• The Seller hereby declares and confirms that it deals only in original, legitimate and genuine Products which are either self-manufactured and/or procured from legitimate channels and in compliance with all the legal requirements. The Seller shall provide accurate Product information on the Website/Mobile App. The Product description shall not be misleading and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Website/Mobile App, The Seller agrees to refund any amounts that it may have received from the Buyer.
• The Seller undertakes that, at all times during the Term of this Seller Agreement, it will:
• Abide by the terms and conditions of this Agreement;
• Not offer for sale/sell/deliver any duplicate or refurbished Products on the Website/Mobile App;
• Deliver the Products to the Buyers in a timely manner consistent with the terms of this Seller Agreement; and deliver the Products in accordance with all applicable laws, rules, regulations, governmental orders, etc., and applicable codes of practice, now or hereafter in effect, relating to the Seller’s performance under this Seller Agreement.
• The Seller shall be solely responsible for making representations/warranties with regard to the Products and shall offer a standard manufacturer’s or seller’s warranty actually associated with the Products and shall be solely responsible for making any representations or warranties with respect to the quality of the Product to the Buyer, including all relevant Product warranties. However, the Parties agree that repair, replacement or 100% (one hundred percent) refund of Selling Price will be given to the Buyer against manufacturing defect or damage. The Seller shall issue a suitable, duly stamped, manufacturer’s warranty card to the Buyer with the Product at the time of dispatch of the Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer’s complaints will rest solely with the Seller at all times.
• The Parties hereby represent and warrant to each other as under:
The Parties have all requisite power and authority to execute the Agreement, deliver and perform their obligations under this Agreement and have been fully authorized by all requisite corporate actions to do so; and
• The execution and performance of this Agreement by either Party does not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement.
• The Seller agrees, represents and warrants that the Seller shall not describe himself/itself as an agent or representative of SMEGrid or make any representations to any Buyer or any third party or give any warranties which are of such a nature that SMEGrid may be required to undertake, or be liable for, whether directly or indirectly.
• The Seller agrees, represents and warrants that the Seller shall not, during the Term, offer the Products listed on the Website/Mobile App, to any other Website/Mobile App or through any other platform, at a price which is less than the Selling Price, as listed on the Website/Mobile App.
• The Seller agrees, represents and warrants that, the Seller shall not, at any time during the Term, transact with any Buyer directly.
• The Seller agrees to attend to, and resolve, the Buyers queries with regard to the delivery of the Products and the quantity and quality of the Products within 1 (one) day from the date of receipt of such queries.
• The Seller hereby represents and warrants to SMEGrid that there are no restrictions, hindrances or encumbrances of any nature which, in any manner, restrict the performance of the obligations by the Seller under this Agreement.
• The Seller further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights, it shall be solely responsible.
• The content of the Products, the text descriptions, graphics or pictures regarding the Product being uploaded on the Website/Mobile App and the Product packaging, shall not be obscene, libelous, defamatory or scandalous or which is capable of hurting the religious sentiments of any segment of the population or constitute an infringement of any intellectual property rights of any person or entity.
• The Seller agrees, acknowledge and understand that: the Sellers are using the Website/Mobile App provided and owned by SMEGrid; The permission granted by SMEGrid to use the Website/Mobile App as an online market place is on a non-exclusive basis; SMEGrid reserves the right to deny access to, or revoke, such permission to use the Seller Panel and/or Website/Mobile App at any time; SMEGrid shall have the right to remove the listing of any Product being offered for sale by the Seller; For the duration of the Term, the Website/Mobile App shall be maintained by SMEGrid. The ownership of the Website/Mobile App shall vest with SMEGrid and SMEGrid shall make its best efforts to deal with any technical issues affecting the Website/Mobile App (such as, for instance, the Website/Mobile App becoming inoperative.
The Supplier/Seller agrees not to circumvent the commercial relationship between SMEGrid and the Buyer/Customer/Builder for seeking Purchase orders and for sending quotes to Buyer, including but not limited to; avoiding, or bypassing due payments or divisions of Service charges, any margin or fees mutually agreed upon etc, in connection with this Agreement.
SMEGrid deals with the loan industry and aids to provide loans and grants for the growth of small business in India. The website helps companies and private organizations to find loans from banks, real estates, investors and private financers. It also caters to help small businesses find the right lender without facing any problem. There are certain terms and conditions for availing the services of SMEGrid.
SMEGrid also reserves the right to modify the terms and features of its service and also charge/change fees for any service at any time. Just after the amendments are made they become applicable to you. So, the terms should be reviewed regularly so that the user becomes aware of any changes made by us. Your continuous use of service is authentication that you agree to the amendments made and so are bound by the terms concerning any changes.SMEGrid also brings to you Comparison Table, Data and any other content provided by third party financers, advertisers, private lenders and users. The content is made available through the website without alterations, amendments and modifications, as supplied by third party. SMEGrid makes such information available without doing any changes and so cannot guarantee accuracy and is not liable to any inconsistencies arising thereof. SMEGrid is just a facilitator of third party services and does not intent to endorse claims and advice of third party/person. So, visitors are strongly recommended to verify information, facts and figures before coming to a conclusion and resorting to taking a decision.
• Both Parties agree that the brands/logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, or copied, or altered in any manner which is identical/ similar the brands/logos/trademarks of the other Party without being specifically authorized in writing by that other Party. The Seller recognizes and confirms that SMEGrid has the exclusive right to supervise, allow and reject the contents of the Website/Mobile App. SMEGrid shall not be liable for contents and images shared, uploaded or displayed on the Website/Mobile App by the Seller regarding the Seller’s Products and all consequent liability will be borne by the Seller only. Any and all data derived as a result of this Agreement, with the exception of the Seller’s confidential information, will be owned by SMEGrid and the Seller shall have the right to utilize such data for the duration of the Term of this Agreement the Seller’s and for the purpose of this Agreement.
• The Seller hereby grants to SMEGrid the right to display/delist the Products (as updated or to be updated by the Seller on the Seller Panel at any/all times) along with the related logo and/or trademark and/or brand name, etc., of the Products for marketing/selling through the Website/Mobile App. The Seller represents that the Seller shall not, at any time, use any intellectual property of SMEGrid in any manner without the prior written consent of SMEGrid. The Seller also represents that the Seller shall not purchase any SMEGrid metatags on the Internet without the prior written consent of SMEGrid.
• The Seller hereby authorizes SMEGrid to use and include the Seller’s trademarks (as may be provided by the Seller from time to time) and the Seller’s corporate name on the Website/Mobile App and in any directory or promotional material produced in connection with the promotion of the Website/Mobile App or the Products offered by the Seller on the Website/Mobile App.
• However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or sale of any Products/third party trademark or copyrighted matter on the Website/Mobile App (including availability or sale of counterfeit goods on the Website/Mobile App), SMEGrid may, at its own discretion, remove / delist the allegedly infringing Products / content from the Website/Mobile App, with or without prior notice to the Seller.
• The Seller agrees and undertakes to indemnify and to hold harmless SMEGrid, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys‟ fees) incurred by reason of (i) any breach or alleged breach by the Seller of the Seller’s obligations, representations, or warranties hereunder; (ii) any violation by the Seller of applicable law or regulation; or (iii) any breach by the Seller of any SMEGrid Policies or any other policies; (iv) the Products and their content, or the display and sale thereof on the Website/Mobile App.
• Such indemnity obligations shall continue notwithstanding the termination of this Agreement for any reason whatsoever.
• This Agreement may be terminated:
(i)By SMEGrid, with immediate effect, if the Seller are in breach of any of its obligations, representations or warranties, or any other material terms as contained in this Agreement and/or any of the SMEGrid Policies;
(ii)By SMEGrid, without any reason, by giving the Seller a prior written notice of seven (7) days; or
(iii)By SMEGrid, with immediate effect, if a petition for relief under any bankruptcy or insolvency is filed by or against the Seller, or the Seller make an assignment for the benefit of the creditors, or a receiver or an administrative receiver or administrator is appointed for all or a substantial part of the Seller’s assets;
• SMEGrid also has the right to suspend the Seller’s access to the Seller Panel (instead of terminating the Agreement) for any period of time (during which time period the Seller shall not be permitted to sell the Seller’s Products on the Website/Mobile App) on the occurrence of any of the termination.
• On termination of this Agreement:
• SMEGrid will, with immediate effect, block the Seller’s access to the Seller Panel and/or Website/Mobile App and consequently, the Seller shall not be able to offer any Products to the Buyers thereafter; and The Seller shall return to SMEGrid all the confidential information of SMEGrid and all other properties and materials belonging to SMEGrid. Where the confidential information cannot be returned in material form,the Seller shall destroy all of SMEGrid’s confidential information and shall provide SMEGrid with a certificate of destruction with respect to the same.
• A Seller, whose arrangement under this Agreement has been terminated by SMEGrid for any reason whatsoever, shall not have the right to re-register himself/ itself as a Seller on the Website/Mobile App at any time after such termination, unless SMEGrid, in its discretion, permits such re-registration.
• It is agreed that such provisions and obligations which, by their very nature, survive the termination of this Agreement, shall continue to be binding on the Parties.
• On the termination of the Agreement, the Seller will be entitled to only the Seller Proceeds which have become due to the Seller on account of any purchase of the Products, made through the Website/Mobile App, prior to the date of termination of this Agreement. SMEGrid shall be entitled to adjust any monies, due from the Seller to SMEGrid till the date of termination, from the Seller Proceeds payable to the Seller on termination.
• Without prejudice of the foregoing, the termination of this Agreement pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which either Party may have, arising out of the event which gave rise to the right of termination.
• SMEGrid also reserves the right to initiate civil and/or criminal proceedings against the Seller for any breach or violation of this Agreement.
This Agreement shall constitute the full and complete agreement between the Parties hereto relating to the subject matter thereof. The Parties state that there are no oral statements, representations, warranties, undertakings or agreements between the Parties except as provided herein. This Agreement supersedes/cancels all prior communications, understandings and agreements, whether written or oral or in electronic form with respect to the subject matter contained herein, between the Parties hereto.
1. Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account.
2. Information including, but not limited to, user name, address, phone number, fax number, email address, gender, date and/or year of birth, PAN, TIN, TAN, CIN, DIN, Service tax Registration number, GST registration number and user preferences ("Registration Information") may be collected at the time of user registration on the Sites.
3. In connection with any transaction and payment services or services under our buyer protection schemes we provide on the Sites, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information from cheques or money orders ("Account Information") may be collected to, among other things, facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the Sites
4. We record and retain details of users’ activities on the Sites. Information relating to such transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information and any trade dispute records (“Activities Information”) may be collected when sale and purchase transactions are conducted on or facilitated through the Sites.
5. The information we may collect at these locations may include, but is not limited to, user name, address, phone number, fax number and email address ("Event Information"). From time to time, we collect information about our users and prospective users during trade shows, industry events and other functions.
6. We record and retain records of users' buying and browsing activities on our platform including but not limited to IP addresses, browsing patterns and buyer behavioural patterns. In addition, we gather statistical information about the Sites and visitors to the Sites including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together "Browsing Information").
7. Registration Information, Account Information, Activities Information, Event Information and Browsing Information generally relate to business entities and are together referred to as business data (“Business Data”). Insofar and only insofar as they constitute personally identifiable data of living individuals, such information are together referred to as personal data (“Personal Data”).
If you provide any Personal Data to us, you are deemed to have authorized us to collect, retain and use that Personal Data for the following purposes:
1. Verifying your identity;
2. Verifying your eligibility to register as a user of the Sites;
3. Processing your registration as a user, providing you with a log-in ID for the Sites and maintaining and managing your registration;
4. Providing you with customer service and responding to your queries, feedback, claims or disputes;
5. To facilitate communication between buyers and sellers on the Sites and processing your transactions on the Sites;
6. Performing research or statistical analysis in order to improve the content and layout of the Sites, to improve our product offerings and services and for marketing and promotional purposes;
7. Subject to obtaining your consent in such form as may be required under the applicable law, we (including our affiliated companies and their designated Service Providers (as defined in C.1 below) may use your name, phone number, residential address, email address, fax number and other data ("Marketing Data") to provide notices, surveys, product alerts, communications and other marketing materials to you relating to goods and services offered by us on the Sites including but not limited to Gold Suppliers membership, Verified Members membership, Free Members membership (each of Gold Suppliers membership, Verified Members membership, and Free Members membership, a “Membership” and collectively, the “Memberships”) the value added services ancillary to the Memberships, and other products and services offered by us and/or our affiliated companies and their designated Service Providers from time to time to members of the Sites;
8. If you voluntarily submit any information to the Sites for publication on the Sites through the publishing tools, including but not limited to, Company Profile, Product Catalogue, Trade Leads, Trust Pass Profile and any discussion forum, then you are deemed to have given consent to the publication of such information on the Sites ("Voluntary Information"); and
9. Making such disclosures as may be required for any of the above purposes or as required by law, regulations and guidelines or in respect of any investigations, claims or potential claims brought on or against us.
1. You further agree that we may disclose and transfer (whether within or outside the jurisdiction of the SME Grid entity that you are contracting with) your Personal Data to service providers engaged by us and/or other affiliated companies of the SME Grid Group to assist us with providing you with our services (including but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment extension services, membership authentication and verification services and logistics services) ("Service Providers"). These Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified at B.1 to B.9 above, and not for their own purposes.
2. You agree that we may disclose and transfer (whether within or outside the jurisdiction of the SME Grid entity that you are contracting with), for the purposes specified at B.1 to B.9 above, your Personal Data to other affiliated companies and/or their designated Service Providers of the SME Grid Group, which comprises a group of companies operating leading online and mobile marketplaces in consumer and business-to-business commerce, as well as cloud computing and other services.
3. When necessary we may also disclose and transfer (whether within or outside the jurisdiction of the SME Grid entity that you are contracting with) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for the purposes specified at B.9 above.
4. Any Personal Data supplied by you will be retained by us and will be accessible by our employees, any Service Providers engaged by us and third parties referred to at C.2 and C.3 above, for or in relation to any of the purposes stated in B.1 to B.9 above.
5. All Voluntary Information may be made publicly available on the Sites and therefore accessible by any internet user. Any Voluntary Information that you disclose to us becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. You should exercise caution when deciding to include personal or proprietary information in the Voluntary Information that you submit to us.
6. We may share your Account Information with banks or vendors to enable your transactions on the Sites to be completed. In addition, we may use your Account Information to determine your creditworthiness and, in the process of such determination, we may need to make such Account Information available to banks or credit agencies. While we have in place up-to-date technology and internal procedures to keep your Account Information and other Personal Data secure from intruders, there is no guarantee that such technology or procedures can eliminate all of the risks of theft, loss or misuse.
7. We may provide statistical information to third parties, but when we do so, we do not provide personally-identifying information without your permission.
10. Advertisements on smegrid.com: We use third party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
The Sites and their contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our Site. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact our Legal Department at the address set out in paragraph D above to remove the information.
We employ commercially reasonable security methods to prevent unauthorized access to the Sites, to maintain data accuracy and to ensure the correct use of the information we hold. For registered users of the Sites, your Registration Information and Account Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session. No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
Links to third party sites are provided by website as a convenience to user(s) and SME GRID has not have any control over such sites i.e. content and resources provided by them. SME GRID may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. SME GRID believes that user(s) acknowledge that SME GRID has no control over such third party's site, does not monitor Such sites, and SME GRID shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
ACTSYS TECHNOLOGIES (INDIA) PRIVATE LIMITED, Champaka Building, No. P6C, 1st Main, 1st stage, Peenya Industrial area, Bangalore Karnataka 560068
or you can email us at email@example.com