Terms Of Use

(Last Updated on 10/03/2020)

These Terms of Use ("Terms of Use") apply to Your access to, and use of the (a) Company's website (www.bidassist.com); (b) Company's mobile application; and (c) any service that may be provided by the Company using the website and/or the mobile application ((a), (b) and (c) above collectively, “Services”). The Services are operated by OFG MANUFACTURING BUSINESSES PRIVATE LIMITED, and its subsidiaries, associates, licensees,and affiliated companies (“Company”).

In these Terms of Use, references to "You" or "Your", "User" or "Users" shall mean the user subscribing to or using any of the Services, "We", "Us", "Our" or "BidAssist" shall mean the Company and Database shall mean the data content of the Company. These Terms of Use are applicable to all the Services provided by the Company.

You acknowledge that the Company is providing You with a revocable license to use limited features of the Services and is not selling the Services or any features or technologies contained therein.

Any participation in the Services will constitute acceptance of this agreement. If You do not agree to abide by the below, please do not use the Services.

Scope of use

You may only use the website and/or mobile application solely to obtain Services provided by the Company and for no other purpose whatsoever. You shall not interrupt or attempt to interrupt the operation of the website and/or the mobile application in any way. You shall not intrude or attempt to intrude into the servers hosting the website and/or mobile application in any way.

You shall make payments of all amounts to the Company when due in accordance with these Terms of Use, including any duties, taxes, fees and/or related charges whether or not included in the amounts quoted on the website and/or mobile application. User shall also agree to pay all duties, taxes, and related charges arising out of its use of the Services.

In the event that any transaction or attempted transaction relating to BidAssist which violates these Terms of Use, the Privacy Policy (defined hereafter) or applicable law comes to Your knowledge, You shall take all steps to promptly inform BidAssist of the same. You shall at all times ensure full compliance with the applicable laws and rules and regulations regarding Your use of Our Services.

You are prohibited from collecting phone numbers, email addresses or other contact information of other Users, through any means whatsoever, without authorization from BidAssist; 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; using any automated software, hardware or any other similar mechanism to use access, navigate or search the website and/or mobile application; and posting or transmitting any information on the website and/or the mobile application including unauthorized or unsolicited advertising, promotional materials, or any other forms of unauthorized solicitation to other Users (other than the information specifically permitted/ required to be posted or transmitted under these Terms of Use.

Modifications / Amendments

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. By Your continued usage of the website and/or the mobile application upon such changes being posted, You will be deemed to have accepted such changes. BidAssist is continually seeking to improve the website and Services offered. In respect of any Subscription Services, We will ensure that any changes do not materially decrease the functionality of those Services.

Fees, Payments and Tax

BidAssist reserves the right to charge listing fees for certain listings, as well as transaction fees on the purchases made using the Website and/or the Mobile application. We reserve the right to alter any and all fees from time to time, without notice.

In case, there is any short charging by BidAssist for listing or transaction fees or any other fee because of technical or other reasons, BidAssist reserves the right to deduct/charge/claim the balance subsequently at its own discretion.

BidAssist currently accepts payments through: (a) Indian credit cards and Indian debit cards; (b) internet banking of certain banks in India; and, (c) online wallets of certain companies and (d) UPI . In cases that BidAssist deems appropriate, BidAssist may accept payments through cheques issued by banks in India or in cash or through NEFT and RTGS transactions. BidAssist may from time to time and in its sole discretion agree to accept payments through such other modes as BidAssist may deem appropriate. All payments must be made in Indian Rupees. Current billing address, phone number, and other information demanded on the Website and/or Mobile application must be included with every Services requests.

By booking with BidAssist, You authorize BidAssist 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. You must adhere to the terms and conditions that are prescribed by the payment gateways through which You choose to transact. BidAssist shall not be responsible for any Losses incurred by You while transacting through these payment gateways.

Refund / Cancellation Policy

We recommend You to go through Our refund policy before subscribing Our Service. Services are activated upon complete advance payment only.

Subscription Services CANNOT be cancelled and charges are non-refundable once the account is activated.

We are reliant on tendering authority for display or update of any information related to any tender. We do Our best efforts to provide You information as and when it is published or made available by tendering authority. However, under any circumstances User can’t claim refund for any late information or missed tender or for any errors or missing information on BidAssist.

User is asked to fill up basic mandatory details while applying for subscription Services like company name and address, contact details, email id etc. If details provided by user are incorrect or contains any typo error failing to which user is unable to receive notifications and alerts, user should get the same resolved immediately. For any such concerns, User can’t claim refund from the Company.

Limitation of Liability

The Company and its affiliates, agents, and licensors provide the Service on as is basis, and cannot and do not warrant the accuracy, completeness, correctness, non- infringement, merchantability, or fitness for a particular purpose of the information available through this Service, or the Service itself. Neither the Company nor any of its employee, affiliates, agents, or licensors shall be liable to Users or anyone else for any Loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering the Service and any information through the Service.

For each and every tender information, initial tender notice (issued by the tendering authority) has been made available on website. Bidder are requested to read the tender notices very carefully

Indemnity

You agree to indemnify, defend and hold harmless the Company, its employees, attorneys and agents, from and against any and all Losses asserted against or incurred by the Company that arise out of, result from, or may be payable because of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use or any other liabilities arising out of Your subscription to or use of the Website and/or the Mobile application.

Intellectual property rights

The website and/or mobile application, and each of their modules is the copyrighted property of the Company and/or its various third party providers. The website and/or mobile application contains material, which is protected by copyright and/or other intellectual property rights. The Company reserves all rights in the website and/or mobile application and their content not specifically granted in these Terms of Use.

Any software that is made available to download from the website and/or mobile application (“Software”) is the copyrighted work of the Company and/or its various third party providers. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (License Agreement). You may not install or use any software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms. For any software not accompanied by a License Agreement, the Company hereby grants to You, the User, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the website and/or mobile application in accordance with these Terms of Use and for no other purpose and such license may be terminated and revoked by the Company at any time for any reason. Please note that all software is owned by the Company and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties.

“BidAssist”, “BidAssist.com” and other BidAssist graphics, logos, taglines and Service names are the intellectual property of BidAssist. Except as specifically permitted herein, these shall not be used by the user or any other person without the prior written permission from BidAssist. All other trademarks not owned by BidAssist that appear on the website and/or the mobile application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BidAssist.

BidAssist grants You a limited, personal, non-exclusive and non-transferable license only for such use. Users must not republish any part of the data either on another website, or in any other medium, print, electronic or otherwise, or as part of any commercial Service without the prior written permission of BidAssist

You shall not alter or modify the content in any way. You shall not use, reproduce, republish, distribute, prepare derivative works, or otherwise use the content (or any portion thereof) other than as explicitly permitted herein.

You shall not remove any: (a) copyright, trade-mark or other intellectual property notices from any content (or from copies and/or printouts thereof); and/or (b) link to the website and/or mobile application from any place, without Our express written consent.

You do not acquire any ownership rights to any content. Any unauthorized use of the content shall terminate the permission or license granted by BidAssist herein.

You shall not transfer the content to any other person except with the prior written consent of the Company. You agree to abide by all additional restrictions in relation to the content displayed on the website and/or mobile application, as may be updated from time to time.

Notwithstanding the above, BidAssist does not represent or guarantee that it has any right (including intellectual property rights) on the content including the right to allow use thereof by the Users.

Links to Third Party Websites

The website and/or mobile application may be linked to other websites on the World Wide Web that are not under the control of or maintained by BidAssist. Such links do not indicate any responsibility or endorsement on Our part for the external website concerned, its contents or the links displayed on it. BidAssist has no responsibility or liability for and makes no representations whatsoever about any other website that You may have access to through Our Website and/or mobile application. These linked sites are only for Your convenience, and therefore, You access them at Your own risk.

BidAssist shall not be liable for any Loss associated with Your use of such other websites. BidAssist seeks to protect the integrity of its Website and/or mobile application and the links placed upon it and therefore requests any feedback on not only its own Website and/or mobile application but also third party links. BidAssist reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate.

Arbitration

In case of any dispute arising out of or in relation to this “Terms of Use”, the dispute shall be settled through arbitration under the Indian Arbitration and Conciliation Act, 1996 (amendments thereto). The arbitration shall be referred to a sole arbitrator appointed by US. The venue of arbitration proceeding shall be New Delhi, India. All proceedings shall be in English.  The award of the arbitrator shall be final and binding on the Parties and the expenses of the arbitration shall be borne in such manner as the arbitrator may determine.

Jurisdiction

Use of BidAssist shall be governed by and construed in accordance with Indian law of Contracts for the Use of Services by its Users. If any provision of these Terms of Use is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the license and the other provisions shall remain in full force and effect.

All the disputed matters shall have the jurisdiction of NCT of Delhi and/or Gurgaon, Haryana.

Updates

Any Past invoices before 10th March 2020, which are issued by OFB Tech Pvt. Ltd.,services against those invoices shall be fulfilled/performed by OFG MANUFACTURING BUSINESSES PRIVATE LIMITED.

Bidassist Fair Usage Policy

Bidassist provides its users with access to a vast database of tender information through its Tender Search Subscription Package. In order to ensure a fair and equitable experience for all users, Bidassist has established the following Fair Usage Policy.

1. Definition of Fair Usage

Fair usage refers to the reasonable and normal usage of the Tender Search Subscription Package in accordance with its intended purpose. This includes the appropriate and lawful use of the service, without excessively and disproportionately impacting the availability and quality of the service for other users.

2. Prohibitions

Bidassist prohibits the following types of usage:

1. Using the service for any illegal or malicious purposes, such as hacking, phishing, or distributing viruses or malware.
2. Engaging in any activity that interferes with the proper functioning of the service or with the use of the service by other users.
3. Reselling or redistributing the service to any third party.
4. Automated scraping or extraction of data from the service, including through the use of scripts or bots.


3. Limitations

In order to maintain fair usage, Bidassist reserves the right to impose limitations on the use of the Tender Search Subscription Package, including but not limited to:

1. Limiting the frequency and volume of searches and data downloads. Sending email list will be restricted to 20 tender emails per month and download to 1000
2. Limiting the number of simultaneous users.
3. Limiting access to certain features or functionality of the service.


4. Monitoring and Enforcement

Bidassist reserves the right to monitor and enforce this Fair Usage Policy. Any user who engages in usage that is deemed to be excessive or in violation of this policy may have their access to the Tender Search Subscription Package temporarily or permanently suspended post 1 month of notice.

5. Changes to the Policy

Bidassist reserves the right to modify this Fair Usage Policy at any time, with or without notice. Your continued use of the Tender Search Subscription Package after any changes have been made constitutes your acceptance of the new policy.

By using the Tender Search Subscription Package, you agree to comply with this Fair Usage Policy and to use the service in a reasonable and lawful manner. If you have any questions or concerns regarding this policy, please contact Bidassist customer support.

When You register with BidAssist, You are opting in to receive communications from US electronically by email, SMS, WhatsApp or Chat. You may opt out at any time. From time to time, We will send You updated notifications of relevant business opportunities, as well as information nuggets about BidAssist, site amendments and additional Services. We reserve the right to communicate with You over any available medium. You are hereby agreeing that all notices, and communications that We provide to You electronically or otherwise, satisfy any legal requirement that such communications be in writing. Users should be aware that unprotected e-mail communication via the Internet is not secure and it is subject to possible interception, Loss or alteration. BidAssist is not responsible for and will not be liable to the User or anyone else for any damages in connection with any email sent by the User to BidAssist or an e-mail by BidAssist to the User or anyone else at the Users request. The information contained in this site has been supplied largely by the public/private procurement websites which in turn has been supplied by or on behalf of state/private organizations, pursuant to statutory obligation. BidAssist does not and cannot, vouch for the accuracy of such information. BidAssist shall not be responsible for the consequences of any errors or omissions in the information held on its Database.

User Registration

As part of the registration process, BidAssist will leverage android ecosystem to fetch Your email ids and OTP from SMS for registering, sending notifications and also sending emails. It is also in alliance with True caller to share user info only for user registration. BidAssist fetches this information only to ease onboarding and show relevant tender recommendations. Passwords or OTP (asked at the time of login) are personal to the User and should not be shared with third parties. The User is responsible for the safekeeping of their password. BidAssist is not responsible for any Loss or damage suffered by a User as a result of other parties accessing the website using their passwords. BidAssist will be indemnified against any Loss incurred by them as a result of such use. The User shall notify BidAssist in writing of any change in the information provided for the BidAssist account. This site or any portion of this site may not be reproduced, duplicated, copied, sold, visited or otherwise exploited for any purpose, commercial or otherwise, without the express written permission of BidAssist. You may not frame or utilize any framing techniques to enclose any trademark, logo or other proprietary information from BidAssist without Our express written permission. Nor You may facilitate a third party to do so. The User acknowledges that records accessed through BidAssist will be as up to date as indicated by the publication data provided on the website of the associated page. The User acknowledges that BidAssist reserves the right to suspend, limit or deny access to the BidAssist website in part or in full, to individual user accounts Your own private use or for the internal purposes or benefit of Your business alone.

Links and Advertisement

Links to or from web sites and resources may be provided on Our site. These links are provided solely as a convenience to the User of this site and not as an endorsement of the contents of such third-party sites. The information on BidAssist is received from a variety of sources, which include the various public/government authorities and possibly others. All information is hence available as per these sites and therefore governed in turn by the conditions of these organizations. BidAssist has made every reasonable effort to ensure that the information is accurate and authentic however it cannot be held liable for any third-party claims or Losses of any damages. BidAssist makes no warranty, expressed or implied, as to the results obtained from the use of the information. We suggest You read the Terms and Conditions and Privacy Policies of these websites before using or visiting them. No responsibility will be accepted by BidAssist for the Service or advertisement placed or provided through Our website and/or mobile application.

Communication Services and Your Information

Please note that in accordance with the Information Technology Act, 2000 and its amendment in 2008, and its applicable rules thereunder, in case of non-compliance with applicable law, these Terms of Use and/or the Privacy Policy in relation to the access or usage of Our website and/or mobile application, We have the right to immediately terminate the access or usage rights of any user of Our website and/or mobile application and remove any non-compliant information. Without limiting the generality and effect of the foregoing, You undertake that You shall not host, display, upload, modify, publish, transmit or share any information on the website or mobile application that: belongs to another person and to which You do not have any rights; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates an information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; In order to enable the Company to use Your Information, so that We are not violating any rights You may have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use Your Information, in any media now known or that may come into existence in future.

Without prejudice to Our rights, to the extent required or permitted by applicable law, We may also collect, use and disclose Your information in connection with security-related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

You shall solely be responsible for any Loss that may be incurred by any person as a consequence of the use of/ reliance on Your Information and You agree and undertake to indemnify and hold harmless, the Company, its employees, officers, affiliates, partners and group companies from all such Losses.

“Loss” for the purposes of these Terms of Use means each Loss, damage, fine, penalty, cost, expense or other liability (including legal and other professional fees) and Losses shall be interpreted accordingly.

Renewals

We will do Our best to provide constant, uninterrupted access to BidAssist, however, We do not guarantee this and We accept no responsibility for any liability or any interruption or delay.

The Company offers various financial products including Purchase financing, Bills/Invoice discounting, Project loan, Working capital loan, Lease rental discounting, Loan for purchase of commercial property purchase among others. The below clause will apply to all kinds of financial products offered by the company. The 'Application Form / appropriate documents' of OfBusiness for each of these products offered by the Company is different depending upon the requirement of each product and will include all information that is required to be submitted by the Borrower. Necessary information will be provided by OfBusiness to facilitate the Borrower in making a meaningful comparison with similar terms and conditions offered by other Non Banking Finance Companies (NBFCs) and taking an informed decision based on the aforesaid comparison. The 'Application Form/ appropriate documents' of OfBusiness may also indicate the list of documents required to be submitted by the Borrowers along with the Application form. OfBusiness has a mechanism of giving an acknowledgement for receipt of Application form to its Borrower for availing loans. OfBusiness would inform the Borrower about its decision within reasonable period of time from the date of receipt of all the required information in full.

Loan appraisal and terms/conditions

OfBusiness shall convey in writing to the Borrower by way of a sanction letter or otherwise, the amount of limit sanctioned along with all the terms and conditions including annualized rate of discount/ interest and method of application thereof and keep the acceptance of these terms and conditions by the borrower on OfBusiness's record. Any clause relating to penal interest charged for late repayment will be specified in bold in the Loan Agreement. OfBusiness at the time of sanction / disbursements of loans will furnish a copy of loan agreement to the borrower.

Links and Advertisement

Links to or from web sites and resources may be provided on Our site. These links are provided solely as a convenience to the User of this site and not as an endorsement of the contents of such third-party sites. The information on BidAssist is received from a variety of sources, which include the various public/government authorities and possibly others. All information is hence available as per these sites and therefore governed in turn by the conditions of these organizations. BidAssist has made every reasonable effort to ensure that the information is accurate and authentic however it cannot be held liable for any third-party claims or Losses of any damages. BidAssist makes no warranty, expressed or implied, as to the results obtained from the use of the information. We suggest You read the Terms and Conditions and Privacy Policies of these websites before using or visiting them. No responsibility will be accepted by BidAssist for the Service or advertisement placed or provided through Our website and/or mobile application.

Disbursement of loans including changes in terms and conditions:

Through its published website or as appropriate if specific to a customer, OfBusiness will give Notice to its Borrower(s), of any change in the terms and conditions of the sanction. OfBusiness will also ensure that changes in discount/ interest rates and charges are effected only prospectively. Decision to recall/ accelerate payment or performance under the Agreement will be in consonance with the respective loan Agreement. The monthly interest has to be paid in full by the borrower at the end of every month for which the interest is charged (unless otherwise specified in the loan agreement). OfBusiness shall hold the right to withhold supply of raw materials or shun the supply altogether without any warning in case the borrower fails to repay the loan in full or in parts by the timeline agreed upon in the loan agreement.

General

OfBusiness will refrain from interference in the affairs of its Borrower except for the purposes provided in the terms and conditions of the respective loan agreement (unless new information, not earlier disclosed by the Borrower, which may come to the notice of OfBusiness) In case of receipt of request from the Borrower for transfer of Borrowal account, the consent or otherwise i.e. objection of OfBusiness, if any, is generally conveyed to such Borrower within 21 days from the date of receipt of the Borrower's request. ​Such transfer will be as per transparent contractual terms in consonance with all the applicable laws. In the matter of recovery of outstanding dues of its Borrower, OfBusiness does not resort to undue harassment viz. persistently bothering the borrowers at odd hours, use of muscle power for recovery of loans/dues, etc. Training will be imparted to ensure that staff is adequately trained to deal with customers in an appropriate manner.

Regulation of Excessive Interest charged

The Company has laid down appropriate internal principles and procedures in determining interest rates and processing and other charges. The Company has adopted an interest rate model taking into account cost of funds, margin and risk premium for determining rate of interest to be charged for loans and advances. The rate of interest to be charged depends much upon the gradation of the risk of borrower viz. the financial strength, business, regulatory environment affecting the business, competition, past history of the borrower etc. The rate of interest will be annualised so that the borrower is aware of the exact rates that would be charged to the account.