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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.weprocure.in.
These terms of use "Terms " apply to all users of www.weprocure.in.
By using this Website you agree and acknowledge to be bound by these Terms.
References in these Terms to "we" or "us" or "website" or "company" are references to www.weprocure.in and “you” as a user such as visitor or buye or supplier of www.weprocure.in
Purpose of the website and list of products
You agree and acknowledge that WeProcure is a procurement portal. An initiative to bring together the demand and supply of construction material Industry.
You also agree and acknowledge that WeProcure website acts as a mere online platform for suppliers and buyers to meet on the requirement, interact and share quotation for various products categories listed in Annexure-A.
Hence you agree and acknowledge that website shall not be termed as party to any transaction carried out between supplier and buyer.
Annexure-A at the end of this document provides complete details and list of products categories to be provided under these terms of use.
User Agreement
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use www.weprocure.in, including any sub domains, WebPages or extension of www.weprocure.in Website and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of www.weprocure.in and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement,'User' and wherever the context may require 'You' or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a subscriber of the Website by submitting identification information/ registration details using the computer system of this Website and Accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website.
Amendment
The Company reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective From the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by www.weprocure.in Rules and Policies as provided from time to time.
Eligibility
This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or supplier or subscriber on the Website.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and 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.
Registration and Communication
Registration
You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Company, its employees or associates shall not be responsible in any manner for any kind of losses whatsoever occurring from such breach of secrecy of your username and password.
You agree that your sole purpose of registering or using the Website is to subscribe specific products generated by us which are specifically notified by the Company on the Website from time to time and you shall not use this Website for any other purpose other than as mentioned in Annexure-A or for products that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever. You agree that such a block of access shall not be termed as denial of access under section 43, 66 and other relevant sections of I.T.Act,2000.
Electronic Communication
You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
Know Your Customer (KYC) Documentation
At the time of Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from user and further usage of the Website shall be subject to user’s submission of KYC Documents. 'KYC Documents' shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the user’s Bank Account, PAN details etc. provided by user at the time of registration with Facility or at any subsequent date.
The Company has the right to reject any one or more of the KYC Documents submitted by user and may ask for other documents or further information.
Terms of Use
Subscriber may only register with www.weprocure.in if you have the necessary technical requirements at your disposal. Technical requirements are computer/smart phone and internet connection. The availability and the proper functioning of these technical requirements are the sole responsibility of the Subscriber.
The options/features chosen by the Subscriber will be available to the Subscriber for the duration (herein after known as the “Availability period”) as mentioned against each in the ‘Home’ webpage of www.weprocure.in . All subscribers are to ensure that they read and adhere to these instructions for using various features of website. The subscriber agrees that www.weprocure.in shall not be held responsible in event of any occurrence due to the non adherence of these instructions which prevents the subscriber from using the website as designed or due to any reasons over which www.weprocure.in have no control.
You understand and agree that the Company and the Website gives a platform for Sellers & buyers to meet on the requirement , interact share quotations. You also give permission to the Website and the Company to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
The Company reserves the right to introduce new products or modify the existing products provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new products provided or amend/ introduce fees for the existing products, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges etc. which may be levied. In case of any non-payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website.
Availability of website:
Products related buying/enquiry is not possible during maintenance periods. The subscriber may be informed about maintenance periods, if any.
The subscriber agrees and acknowledges that www.weprocure.in shall not be held responsible for any problems that may arise during the course of the subscription due to the internet malfunction/connectivity issues and when the website is closed for maintenance / updating with prior notice.
User Obligations
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user/buyer to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall hold the Website indemnified and harmless against any claim by third parties that may arise in respect of your aforesaid usage.
Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
You agree and acknowledge that
Privacy of Data
All Details of www.weprocure.in will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy and security guidelines.
We may choose from time to time to provide links to various third-party websites from the Website. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such websites. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, products available through such websites.
Content
Information, reports and every other feature may be added to and removed from the Product without notice. The Information, reports and other details included in the Product are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgement or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep Materials up to date but Subscribers should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result.
Indemnity
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
Intellectual Property Rights
All intellectual property rights and other rights in the Product and Materials (in both machine readable and printed form) belong to company only. Authorized Users and Subscribers acquire no proprietary interest in the Product or Materials and except as expressly permitted by these terms and conditions and may not use the Product or the Materials in any way that infringes the intellectual property rights in them.
Authorized Subscribers may not obscure or remove any copyright notices that appear on Materials printed from the Product.
Any derived values, calculations or reports created using our Data must be declared to and authorized by us, prior to being implemented or used by the subscriber.
The content, organization, graphics, questions, answers, software, design, style, Interface, compilation, digital conversion and every other matters related to the Site are protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “ www.weprocure.in ” and other marks are either trademarks or registered trademarks of CREDAI MCHI based in Mumbai, Maharashtra.
The subscriber unequivocally agrees to ensure that in event of claiming a copyright violation the subscriber will undertake to first inform us through all available means provided in the website of www.weprocure.in about the nature of copyright violation and undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame.
Other products/services, company names, brand names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the site except as allowed by this agreement are strictly prohibited. You agree and acknowledge that you do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by www.weprocure.in does not constitute a waiver of any rights in such information and materials.
You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of our website.
This module enables users/buyers to search for suppliers using a text based search or a category based navigation. The search results / category results are shown in popularity basis. On the Supplier page, the buyer can see his profile which will provide in depth information that will help you make the better choices.
This module allows the supplier to create promotions (whether paid / unpaid) related to products being offered and the buyer to see and enquired/buy such products. These promotions are automatically removed once the time for which they were put up is complete.
This module enables the Buyer/supplier to create a new account after entering his details on the site, followed by a verification from MCHI Team.
This module logs in the buyer to the site so that he can request quotation for products, manage his account and see his activity.
This module lets the buyer see his requested quotation history/enquiries data, his favourite suppliers.
This module shows the user Frequently Asked Questions about the site.
This module enables the user in managing his profile data & password.
This Agreement shall commence on the Start Date stated in the activation email and shall continue till the either party informs for specific termination as per below provision.
We may terminate this Agreement if we wish to cease to operate the Service by giving the subscriber thirty (30) days e-notice expiring at any time. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
If, at any time, we have reasonable grounds to believe that the subscriber is not using the website in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription confirmation, we may suspend the provision of the Service to the Subscriber. You agree and acknowledge that we shall have no obligation to reinstate the Service until a user list has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the subscriber will be entitled to receive the missing data accumulated during the suspension period. On expiry or termination of this Agreement for whatever reason the subscriber shall cease all use of the Data immediately.
All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
You agree and acknowledge that in no event shall the Company be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, the Pay Facility, or any other services under this User Agreement. Further, The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, employees and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Pay Facility or services will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Pay Facility.
We expressly disclaim any liability beyond service contract value that may arise between buyers and suppliers.
www.weprocure.in is only an aggregator of suppliers. Though we take utmost care in collecting information and background check of suppliers still we may have missed out any information unknowingly and/or subscribers have not have shared the correct and all information with website. Hence if any dispute arises, you release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Breach
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other subscribers of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the subscriber.
Any subscriber that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such subscriber is reinstated by the Company. Notwithstanding the above, if you breach the Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the Website, other subscribers or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer at mktg@mchi.net and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
General
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to mktg@mchi.net and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the Company under this Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
Arbitration
If any dispute arises between you and the Company during your use of the Website or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Mumbai, Maharashtra, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Laws
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai, Maharashtra, India shall have exclusive jurisdiction.
Further, if there is any suspect of your involvement in cyber attack activity on our website then you agree and acknowledge jurisdiction of adjudicating officer under I.T.Act,2000 , state of Maharashtra for compensation of losses due to such cyber attacks.
This document is an electronic record in terms of Information Technology Act, 2000 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 signatures.
Assignment
This Agreement may not be assigned or sublet by the subscriber without the prior written consent of us.
Entire Agreement
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The subscriber acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
Waiver
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
Heading
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
Force majeure
We shall be under no liability for any failure, delay or omission in the performance of obligations under this Agreement if such failure, delay or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.
