Conditions of Use of CII Business Connect
CII Business Connect is a ‘Business to Business’ platform created by Confederation of Indian Industry (hereinafter “CII”) and aims to connect manufacturers, suppliers and buyers (hereinafter collectively referred to as “users” and singularly as “user”) of essential items during the outbreak of COVID-19 in India. For ease of reference, Covid 19 – CII Demand and Supply Connect’ and ‘Forum’ has been used interchangeably in this conditions of use.
For the purpose of use of this Forum, the term ‘user’ shall mean and include manufacturers, suppliers, buyers and any visitor, whether individual or a legal entity, who accesses any content or information provided on the Forum. At certain places, the term ‘user’ and ‘you’ have been used interchangeably.
User understands and acknowledges that by providing information to the Forum for purposes of registration and agreeing to this ‘conditions of use’, user agrees to be bound by the terms and conditions as are mentioned hereinbelow:
E-Platform for B2B Communication for essential items
User understands and acknowledges that the Forum is an online platform and enables different users to communicate with each other for sale and purchase of essential items during the outbreak of COVID-19 in India. CII is only a facilitator and providing the Forum to registered users as a pro-bono initiative to ease the hardships caused to the general public due to the COVID 19 pandemic. CII is not a contracting party to any business relationships created between different users and shall not, in any manner, control any business relationships between different users. User is required to exercise business prudence before entering and executing any business contract with any other user or a third party, if recommended by a user. The contract of sale of products on the Forum shall be a strictly bipartite contract between the user and the other users on the Forum.
Representations by User
Protection of details of User Account
Sale of Essential Products
User understands and represents that it shall support fair competition and adhere to relevant local and international laws, rules and regulations to carry out business or transactions of business. User may at all times, be ready to follow the instructions issued by Central and/or State Governments regarding essential goods and services. CII reserves the right to restrict, remove or refuse products listing by the user if found contrary to (i) laws enforceable in India or (ii) instructions issued by Central and/or State governments.
Product(s) prohibited for display as per the national and international laws, regulations, treaties and conventions shall be strictly prohibited to be transacted on the Forum. User(s) found to be transacting in such products shall be liable to face legal action.
Confidentiality and Privacy
i) Information provided by CII to User
Nature of Confidential Information: User understands and acknowledges that for the purpose of use of Forum, it may become privy to such confidential and sensitive information, including but not limited to CII’s operations, budgets, marketing plans, strategies, projects, plans etc. (hereinafter referred to as ‘Confidential Information’). Confidential Information shall also include any information having commercial value or information of such nature that unauthorized disclosure of such information could be detrimental for current or future activities of CII. All such confidential information, in whatever form, if provided by CII to user, shall at all times remain the property of CII and user shall exercise all care and caution to ensure that such Confidential Information is duly protected. User shall if expressly requested by CII, promptly destroy or immediately return to CII all tangible material(s), papers, computerized media containing the information by way of notes, summaries, image, data or word processing files etc.
ii) Information provided by User to CII
The business and contact information provided by user to CII for the purposes of registering on the Forum and carrying out transactions shall be treated as confidential by CII and shall not be shared with any third party/ies. User understand and acknowledge that certain parts of information provided by the user may be shared with other user(s) or published in public domain after due notice to the user who owns the information. Such information shall not remain confidential and CII shall not be under any obligation to protect and maintain confidentiality of such
User further understands and acknowledges that it shall not attempt to gain unauthorized access to any content or information of other user(s) which is not owned or controlled by the user or indulge in any activities which lead to unauthorized advertising or spamming.
Access to the Forum
CII shall make best endeavours to ensure availability of the Forum will be uninterrupted and that transmissions will be error-free. However, CII shall not be responsible for any interruptions or delay in transmissions due to lack of internet connectivity. Access to the Forum may also be occasionally suspended or restricted to allow for repairs and/or maintenance, at any time without prior notice.
License to use the Forum
User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub- licensable license to CII to display and use all information provided by such user in accordance with the objective of this Forum and exercise the copyright, publicity and database rights in such content in a manner as communicated by user(s).
User represents and warrants that it shall it provide and publish only that content or information which is owned and/or controlled by it. User represents and warrants to CII that:
User shall at all times, keep CII indemnified for all claims brought by any third party against it, in connection with a breach of any of these warranties.
User(s) to enter into business relationships at its own risk
User understands and acknowledges that it shall use the Forum and enter into business transactions at its own risk, after exercising business prudence and due diligence (if desired). CII shall not be liable nor responsible for any actions or inactions of other users or any breach of conditions, representations or warranties by other sellers or manufacturers. CII expressly disclaims all responsibility and liability with respect to any loss, damage etc. caused to any user due to business transactions with any other user or third party. We shall not be obligated to mediate or resolve any dispute or disagreement between the users.
CII shall not be responsible for any representations of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose etc. of goods and/or services displayed by user/s on the Forum. CII is offering the Forum to its registered users on pro-bono basis and does not implicitly or explicitly support or endorse the sale or purchase of any products on the Forum. CII does not own any right, title or interest in any goods and services displayed on the Forum nor shall CII have any obligations or liabilities in respect of any transactions on the website.
User shall defend, indemnify, release and hold harmless CII and its office bearers and other representatives etc. from and against any loss, damage, liability, claims, demands etc. arising during the course of execution of any transaction from use of the Forum, which causes:
Governing Laws and Jurisdiction
The validity, construction and performance of this conditions of use shall be governed and construed in accordance with all the relevant laws of India applicable without giving effect to any conflict of laws and provisions thereof. Courts at Delhi shall have exclusive jurisdiction to adjudicate any disputes raised by any user or third party. The user shall comply all central / state laws rules and regulations, so that any controversy between CII and the user may be avoided.
Amicable Resolution of Disputes
Amendments to ‘conditions of use’
Any amendment(s) or revisions of these conditions of use shall be communicated in writing by CII to the user and shall be deemed to be accepted when such amendment(s) or revisions of these conditions of use are transmitted from CII’s end.
Termination of license to use the Forum
CII is only providing the aggregator platform and shall not be liable for meeting any compliances including but not limited to any of the taxes of the User (Buyer /Seller) that the User is obligated to pay or levy and all such taxes shall be the responsibility of the party who is obligated by operation of law to pay such tax. Each party shall pay to the other party any GST / taxes that are owed and which are required to be collected under applicable law. If any taxes are required to be withheld on the payments, the paying party will deduct such taxes from the amount owed and pay them to the appropriate authority and shall issue a certificate for the same as per statutory laws. CII is not responsible to monitor the same and does not have any liability if the user fails to comply with the rules related to charging and payment of any such taxes, levies etc.
Events beyond reasonable control of CII
CII will not be held responsible for any delay or failure to comply with any obligations under these conditions of use if the delay or failure arises from any cause which is beyond reasonable control of CII.
User acknowledges and agrees that no provision of this conditions of use nor the submission to Arbitration by CII, in any way constitutes or implies a waiver, renunciation, termination, or modification by CII of any of CII’s privileges, immunities or exemptions available to CII under Indian laws or under international convention.