Your trust in us is our greatest value. It's important to us that you feel at ease and assured while utilizing our Platform (further defined) and the Services (further defined). The purpose of these User Terms and Conditions ('Terms') is to acquaint you with the applicable rules for accessing our Platform and Services, our expectations from you, and what you should anticipate from us during your interaction and usage of our Platform and the Services, including those provided by our Strategic Partners and external service providers. Additionally, you will be informed about:
These Conditions of Use are applicable and regulate your engagement with the website www.Bidhelp.co, including its associated mobile and web applications (collectively known as the 'Platform'). As a user (referred to as 'you', 'your', or 'User'), these Conditions are binding for your interactions with and usage of the Platform. They specifically relate to your use of the various Services available on the Platform.
This Platform is offered by Bizhelp Technology and Advisory Private Limited, also referred to as 'Bidhelp', 'the Company', 'we', 'us', or 'our'. This entity is established in accordance with the Companies Act 2013. Its official registered address, as well as the location of its corporate headquarters, is 40 41, SF, L2D BLK, Uttam Nagar, Mohan Garden, New Delhi, 110059.
These Terms serve as an electronic document under the provisions of the Indian Information Technology Act, 2000, along with its applicable and periodically updated rules ('IT Act'). Generated via a computer system, this document doesn't necessitate any physical or digital signatures for its validity. In alignment with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, instituted under the IT Act and amended as needed, these Terms are published. This publication is mandatory for outlining the service terms and usage norms of the Platform and Services. The Terms here establish a legally binding contract between the Company and its Users (as later defined). Your registration, use of the Platform, or engagement with the Services signifies your acceptance of these Terms. Should you be accessing the Platform on behalf of an organization, your agreement to these Terms represents that of the organization, and hence, 'you', 'your', or 'User' in this context will refer to the said organization.
Please note that the Terms and Privacy Policy are not applicable to SR GROUP SERVICES, which are exclusively offered by SR GROUP ('Bizhelp'). These services are not included within the scope of services as defined under Clause 2.4 of the Terms and are not provided by Bidhelp. Instead, SR GROUP SERVICES are subject to their own specific terms and conditions, as well as privacy policy, which are governed by SR GROUP. These can be accessed at http://bizhelp.co.in/terms.html for terms and conditions, and http://bizhelp.co.in/privacy.html for the privacy policy
You affirm that you are at least 18 years old and have not been previously barred or removed by the Company, nor have you been disqualified for any reason, from using the Services or accessing the Platform. Moreover, you assert and guarantee that you possess the legal right, authority, and capacity to consent to these Terms and comply with them. It's imperative that you do not misrepresent yourself as another individual or entity, nor should you inaccurately portray your identity, age, or any association with another person or entity. Should there be any breach of these Terms, the Company holds the right to either temporarily suspend or permanently prohibit your access to the Services and use of the Platform.
Should you find yourself in disagreement with these terms, you are obliged not to engage with or utilize the Platform. Your ongoing usage of the Platform or the Services constitutes a clear and deliberate acceptance and commitment to adhere to these terms. In accordance with relevant laws, these Terms, including any subsequent modifications, are retroactively effective from the date when you initially used the Platform
On our portal, you can easily search for the right government bids. You have the ability to search for bids from any government ministry using just a single keyword. Simply enter a keyword related to your product or service, and with one click, you'll find bids for all relevant products/services. Our search system is so robust that it can even locate keywords within BOQ bids and bid documents. Now, you might be wondering what's unique about this, as many companies have previously offered similar bid-help services. Let me explain what sets our bidhelp portal apart and the problems it addresses.
These are some of the filters we have made available on our portal: Basic Filters: Product/Service Name, State, District, Ministry, Department, Organization Advanced Filters: Bid End Date, Bidder Turnover, Documents Required in Bids, Bid to RA Enable, EMD Required, EPBG, MSE Reserve, MII Reserve, Pre Bid Meeting, Delivery Location, Bid Value All these advanced features are based on AI & Machine Learning and are available in the searching & filters section of Bidhelp.
On the Bidhelp portal, you receive daily notifications about bids for products/services. A common question from users is why they should opt for the daily bid notification service from Bidhelp, especially when there are several established companies offering similar services. Let me explain the advanced features that Bidhelp offers in its bid notification service. The first advanced feature is that, unlike other companies that provide bid notifications via email, Bidhelp sends notifications to both your WhatsApp and email. This dual-channel approach ensures you don’t miss any critical updates. Additionally, Bidhelp provides several key features in its notification service:
These advanced bid notifications are unique to the Bidhelp portal and add significant value to your bidding process. This is why using the Bidhelp portal can be a strategic advantage for staying informed and ahead in the bidding landscape.
The Bid Management Dashboard is a special feature of Bidhelp, unique in the procurement industry. Let me explain what the Bid Management Dashboard entails. Until now, you received bid notifications and tried to sort and participate in these bids based on these notifications. Managing the notifications, and their corresponding files, and participating in all relevant bids can be quite complicated. This complexity often leads users to miss out on bids as they get tangled in managing Excel sheets and notifications, unable to determine which bids they have participated in and which they haven't.
This is where Bidhelp's special feature, the Bid Management Dashboard, comes into play. Our task management tool assists you in managing bids according to your preferences and saved filters. Once you receive notifications from Bidhelp, you can add them to the task manager. Bidhelp’s AI and machine learning features keep you updated in real-time. Users just need to click to add bids to the task manager; the rest is handled by our system. If a bid’s end date is approaching, the task manager will inform you, so you can participate in time. If you’ve already participated, it will keep you updated on the bid's status and progress.
Moreover, if there are any corrigenda or modifications in a bid you’ve added to the task manager, you’ll receive timely notifications. But what's truly special about our Bid Task Manager? It's extremely user-friendly, so much so that even a child could use it. Its format and filters resemble those of Excel but are simpler and easier to understand and use. The sorting options are comprehensive, including sorting by ending dates, upcoming ending dates, amount, etc. Initially, the bids displayed will be those ending within 48 hours, enabling quick participation.
Users also have the option to manually update the progress status, like marking a bid as 'participated' or 'under progress' in the task manager. This feature makes it easier to track the progress of bids. Once a bid is finalized, the task manager will inform you about who won the order and at what rate, also providing reference data for future bids based on the last order rate.
These are just some of the features we are offering in our task manager. There are many more features in the pipeline, which will be updated in the future.
Certainly! Let's delve into an even more detailed explanation of the Bid Management Dashboard feature of the Bidhelp Portal:
Design: Inspired by the familiar layout of Excel, it provides a seamless transition for users accustomed to spreadsheet tools. Customization: Users can personalize the dashboard according to their workflow, with adjustable views, columns, and data display options. Ease of Use: Despite its advanced capabilities, the dashboard maintains an intuitive interface, ensuring that it is accessible to users of varying technical proficiency.
Multiple Filtering Layers: Allows users to apply multiple filters simultaneously for refined search results, such as bid type, sector, geographical location, and more. Custom Sorting Algorithms: Users can prioritize bids based on custom parameters, including risk assessment, profitability potential, or strategic importance. Memory Functionality: The dashboard remembers individual user preferences and sorting habits, streamlining repeated use.
Deadline Alerts: Automated notifications for impending bid submission deadlines, with customizable alert timings. Calendar Integration: Option to integrate with digital calendars for a comprehensive view of all bid-related deadlines and tasks. Countdown Timers: Visual countdowns for closing bids, enhancing urgency and time management.
Progress Tracking: Real-time monitoring of bid statuses, utilizing AI to provide insights into likely outcomes and recommendations for action. Bid Analytics: Detailed analysis of bid performance, offering valuable data on win/loss ratios, bidding trends, and competitor analysis. Predictive Insights: Advanced machine learning algorithms provide predictive insights, helping to strategize future bids based on past performance.
Bid Repository: A centralized location for storing all bid documents, notes, and related information, easily accessible and organized.
Collaboration Tools: Facilities for team collaboration, including shared views, notes, and the ability to assign tasks or portions of bids to team members.
Version Control: Keeps track of different versions of bid documents, ensuring that the most current information is always at hand.
Instant Updates: Immediate push notifications for any changes in bid conditions or requirements.
Historical Tracking: Records and displays the history of amendments for each bid, providing a clear overview of changes over time.
Impact Analysis: Assesses the impact of amendments on the bid strategy and advises necessary adjustments.
Custom Status Tags: Users can create custom tags to mark different stages of a bid, such as 'under review', 'awaiting decision', or 'needs attention'.
Visual Progress Indicators: Graphical representations of bid progress, providing a quick overview of the current status.
Detailed Logs: Maintains comprehensive logs of all actions taken on each bid, ensuring full traceability and accountability.
Post-Bid Analysis: After a bid's conclusion, it provides detailed reports on the outcome, including the factors that influenced the decision.
Benchmarking: Compares bid outcomes against industry benchmarks and historical data to gauge performance.
Strategic Guidance: Offers strategic recommendations for future bids based on accumulated data and trend analysis.
Multi-Platform Access: Accessible across various devices and platforms, ensuring consistent functionality whether on a desktop, tablet, or smartphone.
Language Support: Multilingual capabilities to cater to a global user base.
Accessibility Features Includes features for users with different abilities, such as screen reader compatibility and adjustable display settings.
Regular Updates: Incorporates user feedback and industry developments to continuously evolve and improve.
Adaptive Learning: The system learns from user interactions, adapting to provide more personalized and relevant functionalities over time.
Foresight Capabilities: Future updates are planned to include advanced foresight capabilities, utilizing market trends and economic indicators to advise on bid strategy.
The Bid Management Dashboard by Bidhelp is not just a feature; it's a comprehensive ecosystem designed for the dynamic and demanding world of procurement. It stands out for its depth, adaptability, and user-focused design, promising to revolutionize bid management practices with its cutting-edge technology and deep understanding of the procurement landscape.
The Automatic Bid Study and Document Creation is a highly valuable feature of the Bidhelp portal. This feature addresses the time-consuming process of preparing for bid participation. Traditionally, when preparing to participate in a bid, the first task is to thoroughly study the bid, understand the product/service specifications requested, examine the terms & conditions within the bid, and identify the documents required from the seller. This process of dissecting and comprehending all these aspects separately, along with preparing and arranging the required bid documents in order, can be quite laborious and time-intensive. This feature offers a comprehensive solution to these challenges. Firstly, the portal conducts an in-depth study of your bid and divides the information into three distinct parts for easier understanding:
Furthermore, the portal simplifies the creation of required documents. Users need to initially upload certain standard documents to their profile, such as a turnover certificate, balance sheet, blacklisting declaration, and any other declarations on their letterhead with a signature and stamp. Bidhelp's AI and machine learning tools then use this information to automatically generate and organize the necessary bid documents in the correct order, based on the specific requirements of the bid. This automation significantly enhances the user's ability to participate in more bids efficiently, thereby increasing their chances of winning orders. This feature is particularly special as it transforms the complex and time-consuming tasks of understanding bids and arranging documents into a streamlined, automated process. With Bidhelp, these tasks can be completed online in just 5-10 minutes, facilitating participation in multiple bids and increasing the chances of success. Moreover, we plan to continuously improve this feature to make bid participation even more comfortable and efficient for users.
The Bidhelp portal introduces the innovative "Bid Objection Reply Generator," a tool specifically designed to address a common concern among bidders: the fear of being disqualified by the buyer for irrelevant reasons. In the procurement industry, it's well known that buyers sometimes disqualify sellers on insignificant or unrelated grounds. This can be frustrating, especially when the disqualification is based on documents or clauses not explicitly mentioned in the bid terms and conditions. This tool, powered by AI and Machine Learning, is integrated into the portal to provide an automated solution for crafting precise replies to objections. When a bidder faces disqualification, they simply need to input the objection raised by the buyer into the portal. The Bidhelp AI, knowledgeable in the laws and rules applicable to Indian procurement, will analyze the objection. The AI system is already familiar with the specifics of each bid through the Bidhelp Task Manager. It understands the terms, conditions, and specifications of the bid and can correlate them with the reasons for disqualification provided by the buyer. The AI then compares this information against the backdrop of Indian procurement rules and laws, ensuring that the buyer's disqualification message aligns with these regulations and the bid's terms. Our AI covers a comprehensive range of Indian procurement laws and rules, including but not limited to the General Financial Rules (GFR), Government e-Marketplace (GeM) General Terms and Conditions (GTC), Central Vigilance Commission (CVC) guidelines, Income Tax rules and acts, GST acts and rules, manuals of good procurement, central procurement rules, and all relevant rules from the Department of Expenditure. This extensive knowledge base allows the AI to construct a well-informed, legally sound reply. Additionally, if the buyer requests specific documents, the AI can also prepare these using the document creation tools of Bidhelp, as all necessary documents for the bid are generated through this system. When these AI-generated replies and documents are submitted in response to an objection, they significantly increase the bidder chances of qualifying—up to 99%, provided there is no manipulation involved in the bid. This feature ensures that all replies prepared by Bidhelp's tool are backed with references to relevant Indian laws and rules. This not only addresses the buyer's concerns but also demonstrates the bidder's comprehensive understanding of legal and procedural norms, encouraging the buyer to reconsider any disqualification decision.
The Bid Price Analysis is an advanced feature of the Bidhelp portal, designed to assist bidders in achieving the lowest (L1) bid price in as many bids as possible. Many bidders face challenges with pricing their bids. Some end up quoting prices too high, resulting in not being awarded the bid, while others quote excessively low, leading to regret when they notice a significant difference between their price and the next highest (L2) price. This analysis helps bidders understand the optimal price point to quote before participating in a bid. Manually conducting this research to determine the appropriate bid rate is time-consuming and often impractical. It typically involves checking the status of previous bids for the same product or service, understanding at what price these were awarded, and considering various factors like location, state, quantity, and specifications. To address this, the Bid Price Analysis feature on Bidhelp is developed using AI and machine learning. The AI tool analyzes the specifications provided in the bid and conducts a market price analysis for products or services with similar specifications. It also examines the lowest quoted prices in previous bids with the same specifications, considering factors like the consignee's address and different pricing levels. The AI tool takes into account various elements such as state, location, quantity, and specifications, and suggests a price point for the current bid. This suggested price is based on an extensive analysis of previous bids in similar locations and specifications, aiming to provide the bidder with a 99% chance of winning the bid at the lowest possible price. Additionally, the Bid Price Analysis tool will inform bidders of the last price they quoted for a bid with similar specifications. This is particularly useful for bidders who regularly participate in bids for the same type of products or services, as it helps them remember their previous pricing strategies. The AI tool saves the prices quoted in past bids and integrates this information with the task manager, allowing bidders to make more informed decisions. This feature is a safeguard for bidders, ensuring they do not quote a price so low that they cannot deliver the product or service without incurring losses. By providing a comprehensive analysis of bid prices and market trends, the Bid Price Analysis tool empowers bidders to quote competitively yet sustainably, enhancing their chances of winning bids and maintaining profitability.
The Bidhelp portal offers an essential feature known as the "Bid Modification/Corrigendum Tracker." This tool addresses a common challenge faced by bidders, particularly in government tenders: tracking modifications or corrigenda issued after the bid goes live. Often, government departments publish bids and subsequently make changes to them. These modifications, known as corrigenda, can significantly impact the terms of a bid. Many bidders struggle to keep track of these changes, primarily because manually monitoring such modifications is a complex and demanding task. Imagine a scenario where you select a bid and thoroughly study it. At the time of your study, there might have been no modifications. However, if a corrigendum is issued later, and you participate in the bid without considering the changes, it could lead to disqualification. The bid might be invalidated because it doesn't comply with the new terms set by the corrigendum. To prevent such situations and ensure that bidders are always up-to-date with the latest bid modifications, Bidhelp has integrated this special feature. Whenever there is any modification to a bid you are tracking, you will receive a notification about the corrigendum. This allows you to adjust your bid participation accordingly and aligns your submission with the latest requirements. As a result, this feature significantly enhances your chances of a successful bid, ensuring you are always informed and compliant with the latest bid terms and conditions. This Bid Modification Tracking System is crucial for staying competitive in the bidding process, especially in scenarios where bid conditions can change rapidly and without prior notice. With this feature, Bidhelp ensures that users are equipped with real-time updates, making the bidding process more efficient and effective.
Should you, as the merchant or recipient of payment, obtain payments from your customers through payment requests via the Platform, both you and your customers must recognize and accept that the goods, products, or services have been delivered by you and received by them. The payments made by the customers are in exchange for these offerings. In case of any issues or disagreements arising between you (as the merchant/payment receiver) and your customers regarding the received goods, products, or services, it is solely your responsibility to address these claims and process any refunds. The Company and its Strategic Partners are exempt from any liability concerning the delivery of goods, products, or services and will not be accountable for issuing refunds related to them.
We hold the authority to introduce changes to, temporarily suspend, or completely halt the Services and Platform, in whole or in part, at any time and for any reason. In such instances, we bear no responsibility for any resulting additions, changes, pauses, or terminations of the Services.
1) Our Platform offers products and services provided by third-party service providers. These providers may have their own terms and conditions that apply to you, and you agree to adhere to these additional terms. Third-party products and services are governed by the terms, conditions, and privacy policies of their respective providers, including how they handle your data. The descriptions and links to third-party products and services on our Platform are provided by the providers themselves. We do not endorse or assume responsibility for third-party products or services.
2) We do not make any representations and explicitly disclaim all warranties and liabilities related to these third-party services, including their accuracy and completeness. All intellectual property rights pertaining to third-party services belong to the respective third-party providers.
3) Our website and/or mobile application may contain links to other websites on the World Wide Web that are not controlled or maintained by Bidhelp. These links do not imply any endorsement or responsibility on our part for the content of external websites or the links displayed on them. Bidhelp bears no responsibility or liability for any other websites you may access through our Platform. These linked sites are provided for your convenience, and you access them at your own risk.
4) Bidhelp is not liable for any losses associated with your use of such other websites. We aim to maintain the integrity of our website and/or mobile application and the links provided, and we welcome feedback not only about our own platform but also about third-party links. Bidhelp reserves the sole discretion to terminate any link or linking program at any time and for any reason it deems appropriate.
1. When you use our Platform and access our Services, you agree to provide specific information and documents to verify your eligibility. These documents, collectively referred to as KYC Documents, may include your mobile number, email address, GSTIN Number, signature, company letterhead, cancelled cheque, photograph, PAN CARD, and any additional bid-related certificates that are required. It is essential that you provide accurate, truthful, complete, and up-to-date KYC Documents. Please be aware that providing incorrect or misleading information would be considered a significant violation of our Terms of Service. By agreeing to these terms, you give us, as well as entities for whom we serve as a technology facilitator and Platform provider (e.g., SR GROUP), online payment gateways, operators, aggregators, and our affiliates, permission to utilize, copy, transmit, process, store, share, analyze, create derivatives from, and back up your KYC Documents and associated information. This consent is a fundamental requirement for using our Platform and accessing our Services. It ensures that we can effectively verify your eligibility and provide you with the benefits of our Services.
2. We may utilize your personal data to deliver our Services to you effectively. This includes processing, transferring, or disclosing your personal information and KYC documents to various third parties. These third parties may include Asset Management Companies (AMCs), Registrar and Transfer Agents (RTAs), KYC Registration Agencies (KRAs), payment gateways, statutory bodies or agencies, third-party service providers, and Strategic Partners, among others.
1. Communication Policy
1.1. Receipt of Communications
1.1.1. You agree to receive communications from the Company, which may include:
1.1.1.1. Information related to the use of the Platform or Services.
1.1.1.2. Information about the Company and its Services.
1.1.1.3. Promotional offers and services from the Company, its Strategic Partners, and third-party partners.
1.1.1.4. Any other matters related to the Services.
1.1.2. If you access the Platform on behalf of a third party (after obtaining their prior consent), you acknowledge and agree that we are permitted to send any or all of the above communications to your customers or other third parties whose information you have made available on the Platform.
1.2. Alerts and Notifications: We may send alerts to the mobile phone numbers provided by you, whether for yourself, your customers, or any third parties. These alerts may be sent via email, SMS, WhatsApp messages, push notifications, or any other means. If your mobile number is registered in the Do Not Disturb ("DND") list of the Telecom Regulatory Authority of India, you may not receive SMS from us. In such a case, you are responsible for taking steps to deregister from the DND list, and we will not be held liable for non-receipt of SMS.
1.3. Authenticity Confirmation: We are not obligated to confirm the authenticity of the person(s) receiving the alerts. You cannot hold the Company liable for the non-availability of the SMS/email alert/push notification service in any manner whatsoever.
1.4. Error and Accuracy: The SMS/email alert/push notification service provided by us is an additional facility for your convenience and may be susceptible to errors, omissions, and inaccuracies. You shall not hold the Company liable for any loss, damages, claims, or expenses, including legal costs, incurred or suffered by you due to the SMS/email alert/push notification facility.
1.5. Network Service Provider: The clarity, readability, accuracy, and promptness of providing the SMS/email alert/push notification service depend on factors including the infrastructure and connectivity of the network service provider. We shall not be responsible for any non-delivery, delayed delivery, or distortion of the alerts in any way whatsoever.
2. Termination of Access to the Platform
2.1. Right to Suspend or Terminate Access: We hold the authority to suspend or end your use of the Platform and access to data at our sole discretion under several conditions: (i) based on our judgment; (ii) if there's a failure to comply with these Terms or our Privacy Policy; (iii) due to extended inactivity; or (iv) in cases involving fraud, insolvency, or bankruptcy linked to your account. It's crucial to understand that our power to terminate access is not necessarily dependent on a breach of these Terms.
3. Warranties and Disclaimers
3.1. Technology Platform Liability Limitation As a technology Platform provider, we do not bear liability for any claims or damages incurred by users or third parties linked to users whose data is stored on the Platform. This includes direct or indirect claims and damages related to the Platform, and all transactions conducted through it, such as payments made by you or other third-party users.
3.2. Disclaimer of Warranties: Your use of the platform and services is entirely at your risk. We provide the platform and services “as is” and “as available,” without any warranty. We, along with our strategic partners, officers, directors, employees, agents, and representatives, disclaim all warranties, both explicit and implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, we do not assure that (i) the platform or services will meet your needs; (ii) the platform or services will be uninterrupted, timely, secure, or error-free; (iii) information obtained from the platform or services will be accurate or reliable; (iv) the quality of any products, services, or materials purchased through the platform will meet your expectations; and (v) errors in the platform will be corrected.
3.3. Third-Party Service Dependencies: You acknowledge and consent that certain services offered on the Platform rely on the operational performance of various third-party technology infrastructures, including those managed by government agencies and statutory authorities. You agree that the Company shall not be held liable or accountable for any discrepancies in the services arising from delays or failures in the activities of such third parties, including but not limited to delays or failures involving government agencies and statutory authorities such as GeM Portal, CPPP Portal, Other Government Procurement Portal, Goods and Services Tax Network, National Informatics Centre. Such delays or failures may result from issues such as network or connectivity problems, device or application malfunctions, failures within the systems of GeM Portal, CPPP Portal, Other Government Procurement Portal, GST Network, potential downtime at GST Network's end, or any other technical or non-technical errors, whether anticipated or unanticipated.
4. Exclusion of Damages
4.1. Limitation of Liability: At no time shall our company be responsible for any damages incurred in relation to, or as a result of, utilizing or being unable to utilize the platform. This encompasses liability for: (i) disseminating information; (ii) any erroneous or inaccurate content, or any glitches within the platform or services; (iii) any unsanctioned access or disclosure of your personal data or communications; (iv) the actions or comments of any third parties on or through the platform; (v) conflicts among users of the platform or between a user and an external party; or (vi) any other issues tied to the platform, services, or external entities. Our liability limitation covers every form of damage, including direct, indirect, special, incidental, or subsequent damages, whether due to a contract breach, warranty breach, tort (including negligence), product liability, or other causes. This limitation remains valid even if we are aware of the potential for such damages. These liability limitations are crucial to the agreement between you and our company, and without them, the products, information, and services offered through the platform or services would not be provided.
5. Indemnification
5.1. Obligation to Defend and Indemnify: Notwithstanding anything contained in this Agreement, you shall defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, and employees from all damages, legal actions, proceedings, claims, demands, costs, liabilities, depreciation, loss of income, profits, business opportunities, expenses (including attorney's fees and court costs) resulting from or connected to (i) your violation or non-compliance with any obligations, agreements, consents, representations, or warranties in these Terms, (ii) any deceit, carelessness, fraud, deliberate omission, or wrongful conduct, (iii) misuse of the Services and Platform for unlawful or unauthorized activities, (iv) any injury to persons or damage to property, including theft, caused by your conduct or inaction, (v) third-party claims against the Company due to your actions or inactions, and (vi) any breach of applicable laws.
5.2. Acknowledgment of Unfair Practice and Remedy: You accept that your breach of these Terms constitutes an unfair and improper business act, inflicting significant and irreparable damage on the Company, its Strategic Partners, and third-party service providers. Sole monetary compensation is not sufficient to rectify this harm. You therefore agree to the Company pursuing any necessary or appropriate injunctive or equitable relief. These remedies are in addition to any other legal or equitable solutions available to the Company. Should the Company initiate legal proceedings against you for violating these Terms, you are responsible for all the Company's reasonable legal fees and expenses, along with any other awarded remedies.
6. Miscellaneous
6.1. Notice: Any notices, requests, demands, approvals, requests for approvals, or other forms of communication related to the Terms must be in writing. Effective notice will be considered as follows: (i) immediately upon delivery when personally handed to the recipient, (ii) upon receipt when sent via certified mail, (iii) immediately upon delivery when dispatched through a recognized international overnight courier, and (iv) upon receipt when transmitted via fax with confirmation.
6.2. Merger/Modification: Both parties acknowledge that they have read and understood the Terms, agree to be bound by its provisions, and recognize that these Terms constitute the entire and sole agreement between the parties. This agreement supersedes and combines all previous proposals, understandings, and any other agreements, whether oral or written, that existed between the parties concerning these Terms.
6.3. Applicable Law and Dispute Resolution: These Terms shall be governed and construed under Indian law. Any disagreements or disputes stemming from these Terms shall undergo arbitration in New Delhi, adhering to the current provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be executed by a sole arbitrator designated by us, and proceedings will occur in English. Both parties must maintain the confidentiality of the arbitration process, revealing details only when necessary or legally mandated. The arbitrator's decision shall be conclusive and obligatory for all involved parties. Moreover, for any issues pertaining to these Terms or Service use, the New Delhi courts will retain sole jurisdiction, except as otherwise mentioned in this Section.
6.4. Validity and Enforcement: Should any part of these Terms be deemed non-compliant or void under relevant law, it will be treated as excluded to the necessary extent. Nevertheless, the remaining terms will continue to be valid and enforceable, ensuring that the fundamental economic and legal aspects of the transactions detailed in these Terms are not significantly compromised for any party. If any term is judged invalid, unlawful, or unenforceable, the parties will collaboratively and earnestly negotiate to revise the Terms in a way that reflects the original objectives of the parties as much as possible, ensuring the execution of the transactions as initially envisaged.
6.5. Waiver: Any waiver by either Party of any of the terms or conditions in these Terms on a particular occasion shall not be interpreted as a waiver of such term or condition for the future or for any subsequent breaches. All remedies, rights, undertakings, obligations, and agreements within these Terms shall be cumulative, and none of them shall limit any other remedy, right, undertaking, obligation, or agreement available to either Party.
6.6. Relationship of Parties: The Parties are not employees, agents, partners, or joint venturers of each other. You do not have the authority to enter into any agreement on behalf of the Company..
6.7. Assignment: Notwithstanding anything contained herein, you agree and covenant that the Company, at its sole discretion, may be entitled to assign its rights and obligations under these Terms to any of its affiliates or to any entity. In such a case, such affiliate or entity shall be entitled to enforce these Terms
6.8. Expenses: Except as otherwise specified in these Terms, all costs and expenses, including fees and disbursements of counsel, financial advisors, and accountants, incurred in connection with these Terms and the transactions contemplated herein shall be borne by the Party incurring such costs and expenses..
6.9. Force Majeure: Neither Party shall be held liable for a failure or delay in the performance of its obligations under these Terms if, to the extent that, such failure or delay is caused by events beyond the reasonable control of the affected party. These events include, but are not limited to: (1) acts of God; (2) fire or explosion (except to the extent caused by the negligence or willful misconduct of the affected party); (3) unusually severe weather; (4) war, invasion, riot, or other civil unrest; (5) governmental laws, orders, restrictions, actions, embargoes, or blockades; (6) national or regional emergencies; and (7) injunctions, strikes, lockouts, labor disputes, or other industrial disturbances. However, the affected party must promptly notify the other party of the force majeure condition and make reasonable efforts to eliminate, cure, or overcome such causes in order to resume the performance of its obligations as soon as practicable.
6.10. Maintenance of Records: You shall maintain independent records of your own, separate from the Platform (including physical copies, etc.), and the Company reserves the right to request copies of such records for its own purposes, including record-keeping. You acknowledge and agree that the Company has the right to retain your information for as long as it deems necessary to comply with applicable legal provisions.
6.11. Fees: The Company reserves the right to charge a fee for the Services, and failure to make payment may result in the denial of Services.
6.12. Contact Us: If there are any questions or grievances or complaints regarding these Terms, you may contact us at the address given below:
