Tenderbook

1. GENERAL

1.1 The Platform is owned, managed, and operated by Mbook Technology Private Limited (hereinafter referred to as "the Company," "We," "Us," or "Our"), a private limited company duly incorporated under the provisions of the Companies Act, 2013 and having its registered office at Shop Number 406, 4th Floor, Lakshmi Bhawan, Nehru Place, New Delhi -- 110019.

1.2 For the purpose of these Terms, wherever the context so requires, the term "You," "you," "Your," "your," or "User" shall mean any person who visits, uses, or accesses the domain name www.tenderbook.in ("Website") and related mobile site and mobile application (collectively referred to as the "Platform"), or avails Services (as defined below) or deals with The Company in any manner, including but not limited to selling or buying materials to or from The Company.

1.3 The Company inter-alia facilitates and provides Users with access to relevant government tenders by aggregating and providing information pertaining to tenders on the website/Platform, enabling information regarding the tender and participation in tender bidding processes ("Services"). We are not responsible for the actions or inactions, accuracy, or efficiency of any User, or the quality of any service or product which you may use, obtain or procure through us or otherwise.

1.4 When you use or avail of any of the Services provided by us, including but not limited to Services through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, all of which shall be deemed to be incorporated into these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without any prior written notice to you.

1.5 The Terms contained herein, read with the Privacy Policy (as defined below) available and uploaded on the Platform, or any other specific terms and conditions as applicable or relating to the Services which are incorporated herein by reference, shall constitute the entire legally binding agreement between you and The Company in connection with your access, visit, or usage of the Platform for availing the Services or for purchasing any products provided by The Company either online or offline.

1.6 Availing services offered by the company, purchasing products offered by the company, accessing, browsing, or otherwise using the platform indicates your agreement to all the terms and conditions under these terms, so please read them carefully before proceeding. By impliedly or expressly accepting these terms, you also agree to be bound by all policies (including but not limited to the privacy policy as amended from time to time).

1.7 You acknowledge and agree that by using, browsing, or otherwise accessing the Platform/Services, you agree to be bound by these Terms and our Privacy Policy. You acknowledge that we provide use and access to the Platform and Services to you subject to these Terms.

1.8 It is clarified that we may, from time to time, change provisions related to the Services, which may include changing the extent and scope of Services or including any other category of service within the term "Services," at our sole discretion. You can determine when these Terms were last revised by referring to "Last Updated" at the top of this document.

1.9 This document is an electronic record generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the provisions of the Information Technology Act, 2000, and the relevant rules thereunder, including the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

2. CREATING AN ACCOUNT

2.1 To avail the Services, you must create a user account ("Account") on the Platform and become a registered user ("Registered User") by completing the sign-up process ("Sign-up"), which includes providing accurate information in the sign-up form and agreeing to these Terms. Transactions are permitted only to persons capable of forming legally binding contracts under the Indian Contract Act, 1872.

2.2 You agree to provide current, complete, and accurate information at the time of Sign-up and update such information promptly as necessary to maintain its accuracy. Your mobile number and email address shall be treated as your primary identifiers, and it is your responsibility to keep them updated.

2.3 You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to immediately notify us of any actual or suspected unauthorized use of your Account or any breach of security.

2.4 The Company shall not be liable for any loss or damage arising from unauthorized use of your Account. You agree to indemnify the Company for any liabilities, claims, or expenses arising from such use. It is recommended that you log out from your Account at the end of each session and use a strong password to protect your data.

2.5 By creating an Account, you consent to all terms and policies of the Platform and acknowledge that failure to comply with these obligations may result in suspension or termination of your access to the Services.

3. SCOPE OF USE

3.1 You may only use the Website and/or Mobile Application (collectively, "Platform") solely for the purpose of accessing and obtaining Services provided by The Company and for no other purpose whatsoever. You agree that you shall not interrupt or attempt to interrupt the operation of the Platform in any way.

3.2 You agree not to use the Platform or any of its content for any purpose that is unlawful or prohibited by these Terms. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform.

3.3 You shall not collect, compile, or store personal information or contact information of other Users, including phone numbers and email addresses, through any unauthorized means. You further agree not to use the Platform in any manner that could damage, disable, overburden, or impair any server or the network(s) connected to any server of The Company.

3.4 You shall at all times ensure full compliance with all applicable laws, rules, and regulations, and the Terms herein while using the Platform. In the event you become aware of any transaction or attempted transaction violating these Terms, the Privacy Policy, or any applicable law, you shall take all reasonable steps to promptly inform The Company in writing.

3.5 You agree not to use any automated software, hardware, or any other similar mechanism to use, access, navigate, or search the Platform for any purpose without the prior written consent of The Company. You are expressly prohibited from posting or transmitting any information on the Platform including any unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation.

3.6 You are prohibited from collecting phone numbers, email addresses or other contact information of other Users, through any means whatsoever, without authorization from the Company; selling, cross-selling or distributing Services to any third party or allowing multi-user access to the Services by sharing Your password and user identification.

4. SERVICE USE

4.1 All information provided to The Company must be true, accurate, complete, and up to date. You acknowledge and agree that the Services are designed to assist businesses in accessing supply chain services, tender notices, and related information, and that the availability or accuracy of information may depend on third parties, including tendering authorities.

4.2 The Company reserves the right, at its sole discretion and without prior notice, to modify, suspend, or discontinue any aspect of the Services, including any features, content, or availability of the Services, at any time. The Company shall not be liable to you or to any third party for any such modification, suspension, or discontinuation.

4.3 The Company may impose limitations on certain features and Services or restrict your access to parts or all of the Services without notice or liability. Such limitations may include, but are not limited to, the frequency and volume of searches and downloads, the number of simultaneous sessions or users, and the use of automated tools.

4.4 You acknowledge and agree that any violation of the restrictions and obligations set forth herein may result in the suspension or termination of your access to the Platform and Services, in addition to any other remedies available under law or equity.

5. MODIFICATIONS / AMENDMENTS

5.1 We may, at any time, for any reason, without assigning such reason, without notice, make changes to the website, including its look, feel, format and content (defined hereafter); the Services provided through the website and/or the mobile application; and these Terms of Use. Any such modifications/amendments as provided for in clause above will take effect from the time they are posted on the website and/or the mobile application.

6. FEES, PAYMENTS, AND TAX

6.1 The Company reserves the right to charge fees for listings, subscriptions, transactions, or any other services provided through the Platform. All fees are payable in Indian Rupees and include duties, taxes, fees and/or related charges, which shall be borne by you.

6.2 You agree to pay all amounts due in accordance with the terms specified by The Company and through the payment methods authorized by The Company, including but not limited to credit/debit cards, net banking, UPI, or any other mode as notified from time to time.

6.3 In the event of any underpayment, short-charging, or technical error, The Company shall have the right to recover any outstanding amounts subsequently without prejudice to its other rights.

6.4 By booking with Tenderbook, You authorize Tenderbook and its agents to transact with Your bank or other payment gateways to obtain necessary information required to process payment, confirm payment, resolve inquiries and billing disputes and/or as otherwise required to manage the booking/ reservation.

7. REFUND / CANCELLATION POLICY

7.1 All Services are activated only upon receipt of complete advance payment. Subscription Services cannot be cancelled, and all charges are non-refundable once activated.

7.2 The Company endeavors to provide timely and accurate information but does not guarantee the completeness or correctness of content obtained from third-party tendering authorities. No refund or compensation shall be claimed for any delay, omission, or error in the publication or delivery of any information.

7.3 It is your responsibility to ensure that the subscription details provided are accurate and complete. The Company shall not be liable in any manner for non-receipt of notifications due to incorrect information supplied by you.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The Platform, including the website and mobile application, together with all modules, functionalities, and design elements, constitutes the proprietary property of the Company and its third-party licensors. All content available on or through the Platform is protected by applicable intellectual property laws, including but not limited to copyright, trademark, and trade secret laws.

8.2 Any software that may be downloaded or accessed through the Platform ("Software") is owned by The Company or its licensors and is provided to you under the terms of a relevant end-user license agreement ("License Agreement"), where applicable.

8.3 You acknowledge and agree that all Software is protected under copyright laws and international treaties. Any unauthorized reproduction, redistribution, or other use of the Software is strictly prohibited and may result in civil and criminal penalties.

8.4 The "Tenderbook" name, the domain "www.tenderbook.in," all related logos, slogans, taglines, service names, and graphics are trademarks or trade dress owned by Mbook Technology Private Limited. They may not be used, copied, or imitated, in whole or in part, without the Company's prior written authorization.

8.5 The Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the content on the Platform exclusively for your personal or internal business purposes in accordance with these Terms.

8.6 You shall not modify or alter any portion of the content or remove any copyright, trademark, or proprietary notices displayed therein. You also agree not to link to, frame, or mirror any part of the Platform without explicit written consent from The Company.

8.7 You acknowledge that no ownership rights are transferred to you by granting this license. Any unauthorized use or exploitation of content shall result in immediate termination of the license granted and may constitute a violation of applicable law.

8.8 You further agree not to transfer or disclose any content or Software to any other person without the prior written authorization of the Company. You undertake to comply with any additional restrictions or requirements that may apply to specific content as updated periodically.

8.9 Notwithstanding the foregoing, The Company does not represent or guarantee that it has all rights, including intellectual property rights, in any content made available on the Platform, and does not warrant that your use of such content will not infringe the rights of third parties.

10. DISCLAIMER OF WARRANTIES

10.1 You expressly acknowledge and agree that your use of the Platform and the Services is at your sole risk. The Platform, Services, all content, materials, and information provided by The Company are made available on an "as is" and "as available" basis without any warranties of any kind, whether express, implied, statutory, or otherwise.

10.2 The Company and its affiliates, directors, officers, employees, agents, licensors, and suppliers expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability, or non-infringement.

10.3 Without limiting the generality of the foregoing, The Company does not warrant that: (a) the Platform or Services will meet your requirements or expectations; (b) access will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Platform or Services will be accurate or reliable; or (d) any defects or errors will be corrected.

10.4 No advice or information, whether oral or written, obtained by you from The Company shall create any warranty unless expressly stated in these Terms.

11. LIMITATION OF LIABILITY

11.1 To the fullest extent permitted by applicable law, The Company and its affiliates, directors, officers, employees, agents, licensors, and suppliers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or any other losses, costs, or liabilities arising out of or related to your access to or use of, or inability to use, the Platform or the Services.

11.2 You acknowledge that The Company does not control or endorse any Third-Party Sites and expressly disclaims any responsibility or liability for their availability, accuracy, legality, or content. Your access and use of any Third-Party Sites are entirely at your own risk.

11.3 Without prejudice to the foregoing, The Company reserves the right, in its sole discretion, to remove, disable, or terminate any link to a Third-Party Site at any time without notice or explanation.

11.4 In no event shall The Company's total aggregate liability to you for all claims arising out of or relating to these Terms exceed the amount actually paid by you on the Tenderbook website/platform, if any, for the Services in the three (3) months preceding the event giving rise to such liability.

12. INDEMNITY

12.1 You agree to indemnify, defend, and hold harmless The Company, its directors, officers, employees, agents, contractors, licensors, affiliates, and successors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your breach of these Terms; (ii) your use or misuse of the Platform or Services; (iii) any violation of applicable laws or third-party rights.

12.2 This indemnity shall survive the termination or expiration of these Terms and your use of the Platform.

13. USER-GENERATED CONTENT

13.1 Where the Platform permits you to submit, upload, post, or otherwise make available any content, data, or materials ("User Content"), you acknowledge and agree that you are solely responsible for such User Content. You represent and warrant that: (a) you have all necessary rights and permissions to submit the User Content; (b) the User Content does not infringe any intellectual property, proprietary, privacy, or other rights of any third party; and (c) the User Content does not violate any applicable law or regulation.

14. DATA PRIVACY AND RETENTION

14.1 Your personal information will be collected, used, stored, and processed in accordance with The Company's Privacy Policy, which is incorporated by reference into these Terms. For details regarding data retention, deletion requests, and your rights, please refer to the Privacy Policy.

15. ARBITRATION

15.1 Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform shall be settled through arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

15.2 The arbitration shall be conducted by a sole arbitrator appointed by The Company. The venue of arbitration shall be New Delhi, India, and the proceedings shall be conducted in English. The award of the arbitrator shall be final and binding on the parties, and the expenses of the arbitration shall be borne as determined by the arbitrator.

16. JURISDICTION

16.1 These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to any conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts situated in New Delhi, India, and the proceedings shall be conducted in English.

17. THE COMPANY FAIR USAGE POLICY

17.1 The Company provides Users with access to a wide range of tender information through its subscription packages. To maintain a fair and equitable experience for all Users, The Company enforces this Fair Usage Policy, which governs acceptable use of the such Subscription Package.

17.2 Definition of Fair Usage: Fair usage refers to the reasonable and proportionate use of the subscription Services for the intended purpose of researching, monitoring, and participating in tenders, without excessively impacting the performance or availability of the Services for other Users.

17.3 Prohibited Activities: Without limitation, the following uses are expressly prohibited: (i) Utilizing the Services for any unlawful activities, including but not limited to hacking, phishing, distributing malware, or attempting unauthorized access to systems; (ii) Reselling, sublicensing, or distributing the Services to any third party; (iii) Automated scraping, bulk extraction, or indexing of data through bots, scripts, or similar technologies; (iv) Engaging in any conduct that interferes with or degrades the proper functioning of the Services or the experience of other Users.

17.4 Usage Limitations: To ensure fair access, The Company reserves the right to implement limitations, including but not limited to: (i) Restrictions on the frequency or volume of tender searches and downloads; (ii) Limits on the number of simultaneous sessions or logins; (iii) Temporary or permanent suspension of features in cases of misuse.

17.5 Monitoring and Enforcement: The Company may monitor usage patterns to detect violations of this Fair Usage Policy. Where excessive or prohibited usage is identified, The Company may suspend or terminate the User's access to the Services forthwith.

17.6 Policy Modifications: The Company reserves the right to revise this Fair Usage Policy at any time. Continued use of the Services following any changes shall constitute acceptance of the revised terms.

18. MISCELLANEOUS

18.1 Amendments: The Company reserves the right to modify, update, or replace these Terms at its sole discretion. Any modifications shall become effective immediately upon being posted on the Platform. It is your responsibility to review the Terms periodically. Your continued use of the Platform or Services shall be deemed acceptance of any revised Terms.

18.2 You agree to comply with all applicable export laws and regulations, including any restrictions on end users, end use, and destinations imposed by the Government of India or any other applicable jurisdiction. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to embargo or sanctions.

18.3 Entire Agreement: These Terms, together with the Privacy Policy and any additional agreements or terms referenced herein, constitute the entire agreement between you and The Company relating to your use of the Platform and supersede any prior understandings or agreements.

18.4 Termination: The Company reserves the right, at its sole discretion, to suspend or terminate your access to the Platform or Services, without notice, if you breach these Terms or applicable law, or if your conduct harms the interests of The Company or other users. Upon termination, your right to use the Platform will immediately cease.

18.5 Severability: If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

18.6 No Waiver: Failure by The Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.7 Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of The Company. The Company may assign its rights and obligations under these Terms at its discretion without notice.