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CII MARKET PLACE

CONNECTING BUYERS & SELLERS WORLDWIDE

CII Marketplace

CII Market Place Terms of Use

1. Introduction

CII Market Place is an initiative of CII aimed at providing an online business promotion platform. It facilitates CII members engaged across various sectors in India to connect virtually with potential domestic and international buyers by promoting their products and services through the platform in a regulated manner. The CII Market Place portal is dedicated solely to business promotion activities, and no contractual or commercial transactions can be conducted through this portal. It is a website designed, developed, and maintained by CII.

All Users of CII Market Place portal is governed by these Terms of Use as set out herein.

The registration and acceptance of services on the CII Market Place portal are voluntary in nature. By registering on the CII Market Place portal, the User agrees to be bound by these Terms of Use, and it shall be considered that the User has read, understood, and unconditionally accepted these Terms of Use.

2. Account Registration and Use

2.1 Eligibility

Each User represents and warrants that:-

  1. The User will use CII Market Place Services solely for business, commercial, and authorized purposes, and not for personal use; and.
  2. Users of CII Market Place can be both Members and Non-Members of CII.
  3. The User will only provide accurate and genuine information for registration on CII Market Place portal; and.
  4. The User is legally competent to enter into and accept these Terms of Use under the applicable laws and regulations in India as well as the country of residence User; and.
  5. The User has not been previously suspended or removed from CII, or engaged in any activity that could result in suspension or removal.

2.2 Registration & Account

User must create an account on CII Market Place platform by providing accurate, current, and complete information, including its valid legal business phone number, Company name, and other informationrequired for registration. Company will keep its business account information updated. Company’s name must not: (a) be false, misleading, deceptive, or defamatory; (b) parody a third party or include character symbols, excessive punctuation, or trademark designations; or (c) infringe any trademark, violate any right of publicity, or otherwise violate anyone’s rights. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim in those names.

Information published on the platform should be legally valid. Only the products and services which are permitted under India law should be published on this platform.

2.3 Devices and Software

The User possesses necessary devices, processors, software, and data connectionsto use CII services on CII Market Place platform.The User agrees to automatically download and install updates on CII Market Place platform including these Terms of Use.

2.4 Fees and Taxes

Non-Member (A company / organisation which is not a registered member of the Confederation of Indian Industry) User is required to pay registration fees along with taxes for registering products and services on CII Market Place portal. This fee will be applicable for one year. In case, Non-Member User has to payapplicable annual renewal fees to continuethe use of CII services on CII Market Place portal which is as per following terms:-

  1. Product Registration Fee: The fee for Product Registration is applicable solely to Non-Members on an annual subscription basis. Details regarding the Product Registration Subscription Plan for non-members will be made available through this portal separately.
  2. Complimentary Product Registration: Product Registration is offered free of charge to CII Member companies / organisations on this portal.
  3. Advertising Space: Both Members and Non-Members have the option to purchase advertising space on this portal through the designated payment gateway. Specific details regarding the Advertising Plan will be provided separately on this portal.
  4. Change of Membership Status : In the event that a member’s status changes to Non-Member, the system will automatically disable their product registration.

User is responsible for all carrier data plans, Internet fees, and other fees and taxes associated with use of CII Business Services. The annual period will begin from the date of successful registration.

Users that are connected through CII Market Place may get into monetary transactions offline with each other. CII is not responsible for any monetary transactions or any contractual agreement or any disputes arise thereof between the users connected through this platform. CII is not liable for any of the liability and taxes of any of the user that the user party is obligated to pay, and which arise in connection with the transaction between the users. All such liabilities and taxes shall be the responsibility of the party who is obligated by operation of law to pay them.

2.5 Communication Preferences

The User permits CII and third-party service providers engaged by CII to use contact information of the User to send them electronic communications (such as messages, emails, and phone calls via WhatsApp or otherwise) from CII or the third-party services providers, including :-

  1. notices about User account, password changes, payment authorizations, and other transactional information; and
  2. notices about updates to these Terms of Use; and
  3. information about products, services, surveys, events, news, and promotions offered by CII on CII Market Place platform;

If the User does not desire any communication from CII with respect to sub-section c. above, the User may opt-out of future communications by writing to CII as specified in the section “Notices”, or by clicking the “unsubscribe” link in any such communication.

2.6 Third Party Services

CII will not be responsible or liable for third party services opted by the User for using CII service including access or use or interaction with websites, apps, content, and other products and services that are not provided by CII such as third-party data backup services such as iCloud or Google Drive, etc.

2.7 Acceptable Use

The User will not violate any applicable law, contract, intellectual property, or other third-party right, and User is solely responsible for its CII Services on CII Market Place platform. The User must not directly, indirectly, or through automated or other means:-

  1. use CII Services on CII Market Place platform other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users.
  2. instigate, engage in, or encourage any harassing, threatening, intimidating, predatory, or stalking conduct, or any other conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering, or exploiting children or others, or coordinating harm.
  3. use or attempt to use another user’s account without prior authorization from that user and CII.
  4. impersonate or register on behalf of any person or entity or otherwise misrepresent its affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements.
  5. collect information of or about other users in any impermissible or unauthorized manner.
  6. damage, disable, overburden, or impair CII Services on CII Market Place platform.
  7. send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications.
  8. post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, hateful, ethnically, or racially offensive, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable.
  9. encourage or provide instructions for a criminal offense.
  10. distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content.
  11. bypass, ignore, or circumvent instructions in our robots.txt file or any measures CII employs to prevent or limit access to any part of CII Services on CII Market Place platform, including content-filtering techniques.
  12. expose CII or its affiliates or other Users to any type of harm or liability.
  13. Breach these Terms of Use

CII has no obligation to screen or monitor content posted by the User on CII Market Place platform, however, CII may, subject to applicable law, review, remove, or delete the content posted by User when it violates these Terms of Use or other policies of CII or applicable laws and regulations of India as and when CII is reported of the same.

2.8 Complaints

The User can submit a written complaint to CIIat the address mentioned under the clause titled “Notices” herein regarding the following :-

  1. technical or technological issues
  2. CII service issues.
  3. suspension and termination of User account or CII Services, or.
  4. any alleged breach by CII of these Terms of Use or applicable laws and regulations in India.

CII will acknowledge all complaints and follow-up with the Usersto address their complaint within a reasonable timeframe. CII will communicate to the User the outcome of complaint investigation undertaken by CII.

3. Intellectual Property and License

TheUser acknowledges and agrees that all content presented to the User on CII Market Place portal is protected by copyright, trademark, service mark, patents, logo, domain, or other proprietary rights, whether registered or not, which is the exclusive property of other Users or CII or its affiliates. Nothing in these Terms of Use grants the User any right to use any proprietary rights of other Users or CII or its affiliates by implication or otherwise. The User must not directly, indirectly, or through automated or other means :-

  1. copy, reproduce/ duplicate, modify, display, publish/ republish, transmit, distribute, or make derivative works of any content from CII Market Place platform and/or portion of CII services in any form or by any means whatsoever; and
  2. distribute, sell, resell, or rent CII Services on CII Market Place platform to third parties; and.
  3. distribute or make CII Services available on CII Market Place platform over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that CII has expressly provided for use of Users; and.
  4. remove any proprietary rights notices or markings on CII Market Place platform; and.
  5. reverse engineer any aspect of CII services or do anything that may discover source code on CII Market Place platform; and.
  6. scrape or extract data from CII services on CII Market Place platform; and.
  7. develop or use any applications that interact with CII serviceson CII Market Place platform without our prior written consent of CII; and.
  8. create software or APIs that function substantially the same as CII Services on CII Market Place platform and offer them for use by third parties in an unauthorized manner.

Any unauthorized use of contents of CII Market Place platform may result in infringement of proprietary rights of CII or the specific content provider which could attract severe legal consequences. If a User infringes the proprietary rights of CII or any specific content provider or other User on CII Market Place portal, CII may act with respect to such defying User, including but not limited to suspension or termination of account of such User.

Users may report claims of third-party copyright, trademark, or other intellectual property infringement on CII Market Place platform by immediately sending a notice to CII. The User acknowledges and agrees that upon receipt of a notice of a claim of proprietary infringement, CII may immediately remove the identified materials from CII Market Place portal without any liability to the User or any other party. CII will cooperate with the disputing parties with respect to furnishing material and information in connection with claim of infringement of proprietary rights made to a competent adjudicating authority.

Any communication or material that is transmitted by the User to CII, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While the User may retain all rights in such communications or material, the User grants CII and agents and affiliates of CII, a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Subject to your compliance with these Terms of Use, CII grants every User a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use CII services solely as authorized in these Terms of Use.

User of CII Market Place grants CII and its affiliates, a worldwide, non-exclusive, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform or display the content uploaded, submitted, or stored by User on CII Market Place portal solely for the purposes of providing, operating, developing, promoting, updating, and improving CII Services on CII Market Place portal. The content of User may include its business profile, logo, images and descriptions of its goods and services. User represents and warrants that User has all rights necessary to grant CII the license to content uploaded or displayed on CII Market Place platform, and that use of such content by CII, as permitted by these Terms of Use, will not violate any right of, or cause injury to, any person or entity.Except for the license granted by User to CII as above, User retains all ownership and other rights in their content.

Users should publish only information about their company/organisation, products, or services that can be shared in a public domain. CII does not guarantee the use of the content published on the platform by other users. Any legal liability arising from the usage of content published by one user and used by other users should be addressed directly by the users themselves.

4. Privacy Policy

CII does not collect personal information of Users. The User contact information submitted in the Registration Form on CII Market Place platform including name, phone number, e-mail address, and postal address is used to provide information and to respond to Users.Users should not share any personal identification/account related sensitive personal information such as account number, password, PIN, OTP, etc. on CII Market Place platform. The use, access, protection and disclosure of information provided by Users to CII on CII Market Place platform is governed by the provisions of Digital Data Protection (DPDP) Act, 2023.

5. External Links

The information posted on CII Market Place portal could include hypertext links or links to other external websites which have been placed for the information and convenience of Users. Upon clicking the hypertext link or link, the User shall be directed to an external website and the User will be subject to the terms and conditions and privacy and security policies of such external website.

Such external sites and parties are not under the control of CII and the Users acknowledge that neither CII is liable for the contents, accuracy, reliability, legality, availability, utility, security,or any other aspect of such linked pages nor CII is responsible for any illegal contents on such external websites or any errors or omissions in any references to external parties or their products and services.CII does not necessarily endorse the views expressed in external links. Mere presence of the link or reference to external parties on CII Market Place portal does not imply endorsement of, or association with, the external website or party by CII or any express or implied warranty by CII.

CII does not permit any Users of CII Market Place portal or third party to load or link any information and/or pages of CII Market Place portal on their website or portal.

6. Content Archival

CII shall put certain mechanisms in places to ensure that all outdated contents including announcements, information and documents are removed from CII Market Place portal and moved to Archived data for a period of 90 days before permanent removal from records of CII. The Archived data on CII Market Place portal will be available with search option to enable search of the data within a range of period by selecting any two dates.

7. Legal Compliances

CII services on CII Market Place portal are conformity with applicable laws and regulations in India and are not intended for use in any country where such use would violate laws and regulations of such country.

The Users will be solely responsible to ensure compliance with statutory and regulatory requirements of the country of such User as well as applicable laws and regulations of India in accessing and using CII services on CII Market Place portal. Users must secure all necessary rights, consents, permissions, and licenses for offering to buy or sell products or services on CII Market Place portal. No User shall disguise its location through IP proxy or other methods.CII is not liable for any acts or omissions by any User resulting in breach of any applicable laws.

Users shall access and use CII services on CII Market Place platform by themselves or through their authorised representative. Every User is responsible for the activities occurring through its account on CII Market Place portal. Users must prevent unauthorised use or access of its account on CII Market Place platform. Users shall undertake to immediately notify CII any security breaches or any unauthorized access or use of their account on CII Market Place portal or CII services which may be discovered or suspected by Users.

8. Availability

The services on CII Market Place portal may be unavailable or interrupted for maintenance, repairs, upgrades, or network or equipment failures, software upgrade, force majeure events or any other event beyond control of CII. CII shall endeavour to promptly restore the services on CII Market Place portal; however, CII shall not be liable in any manner whatsoever for failure to restore services or for unavailability or interruption of services on CII Market Place portal under any circumstance beyond control of CII.

9. Modification & Termination of Services

CII reserves the right, in exercise of its sole discretion, to discontinue, withdraw, modify, suspend, terminate some or all services on CII Market Place platform at any time without any prior notice and without assigning any reason to the Users.

CII may suspend or terminate, as the circumstances may warrant, a User’s access to CII Market Place portal and these Terms of Use at any time and for such reasons, including but not limited:-

  1. User has committed breach of any of these Terms of Use; or.
  2. User has violated any applicable law in force; or.
  3. CII receives negative feedback or complaints about the User; or.
  4. Any suspected fraudulent, abusive, or illegal activity of User on CII Market Place portal; or.
  5. User creates harm, risk, or possible legal exposure for CII, and/ or other users.

CII shall give 15 days prior written notice to the User to rectify the breach of obligations under these Terms of Use (unless the applicable law or the attending circumstances dispenses with service of prior written notice) before suspension or termination of access or services. If the User in its response to the notice provides a reasonable explanation to the satisfaction of CII, in such case, CII may reinstate the access and services on CII Market Place to the User within a reasonable time. If deemed necessary, such User may be handed over to appropriate law enforcement authorities by CII.

Upon termination of services, User agrees that CII will deactivate the account of the User and all related information anddocuments, if any, uploaded by such User on CII Market Place and such User may be permanently disqualified from accessing and using CII Market Place.

CII shall not be liable for refund of registration fee or for any claim for damages made by a User or third party for either suspension or termination or modification of services on CII Market Place platform.

The provisions of these Terms of Use pertaining to Privacy Policy, Licenses and Intellectual Property Modification and Termination of Services, Confidential Information, Publicity, Limitation of Liability, Disclaimer, Indemnification, Governing Law, Jurisdiction and Dispute Resolution, Notices.

10. Confidential Information

User of CII Market Place portal may have access to confidential information of CII. Confidential information of CII includes any material, communication, and information provided to or accessible by users which are marked as confidential, or which are normally considered as confidential under the laws in force in India or in normal situation. CII confidential information does not include information developed and uploaded by User on CII Market Place portal.

User of CII Market Place portal, in receipt of or having access to such confidential information, shall not disclose such confidential information to anyone without prior written consent of CII. User of CII Market Place portal may disclose only such Confidential information of CII to the extent required by written orders of court of law or tribunal, or any other law enforcement authorities provided a prior notice is served upon CII within reasonable time.

11. Publicity

Except as permitted by CII, any User shall not make any public statements regarding these Terms of Use and relationship of CII with the User on any public platform. User agrees to cooperate with CII in responding to inquiries by any other User, the media, competent public authorities, in the manner directed by CII.

12. Limitation of Liability

Under no circumstances CII shall be liable for any expense, loss or harm or injury or damage, including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of CII Market Place platform, these Terms of Use, actions or inactions of CII, gaining access to confidential information of User available in the CII Market Place platform by a third party, albeit explicit caution of possibility of such damages on CII Market Place platform.

Any User of CII Marketplace may enter into commercial transactions after e-connect through CII Market Place Portal. CII is not responsible or liable for any disputes arising out of or in connection with such commercial transactions.

13. Disclaimer

User is voluntarily using services on CII Market Place platform at its own risk and subject to the following disclaimers. Unless, prohibited by applicable law in force, CII is providing services on CII Market Place platform on an “as is” basis without any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. CII does not warrant that any information provided on CII Market Place platform is accurate, complete, or useful or that the services of CII will be operational, error free, secure, or safeor will function without disruptions, delays, or imperfections. CII does not control, and CII is not responsible for controlling, how or when Users use CIIservices or the features, functionalities, and interfaces of CII services on CII Market Place platform. CII is not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties.

Notwithstanding all efforts made by CII to ensure the accuracy of the content on CII Market Place platform, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, Users are advised to verify/check such contents and/or sources by obtaining obtain appropriate professional advice.

14. Indemnification

Each User of CII Market Place portal, upon proper intimation by CII, agrees to defend, indemnify, and hold harmless CII, its officials, personnel, representatives, agents, and affiliates, as the case may be, from and against all liabilities, damages, losses, and expenses of any kind (including but not limited to reasonable legal fees, penalties and costs) relating to, arising out of, or in connection with any of the following (“Claim”):-

  1. Any breach or alleged breach of these Terms of Use by User.
  2. Any contravention of applicable law by User.
  3. Any misrepresentation or fraud committed by User with respect to information provided to CII and/or uploaded on CII Market Place.
  4. Any misuse of services on CII Market Place by User.
  5. Any misconduct by User on CII Market Place or any social media platform pertaining to CII Market Place resulting in negative publicity or defamation of CII.

Each User specifically agrees to full cooperate with CIIin the defending or settlement of any claim

15. Governing Law, Jurisdiction& Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with laws of India notwithstanding conflicts of provisions of law.CII is not liable for noncompliance with laws of any country other than applicable laws of India for the reason that the services on CII Market Place portal may be accessed by Users in a country other than India.

Any dispute or difference between CII and any User of CII Market Placeand between Users inter se arising out of or in connection with these Terms of Use or the services provided by CII on the CII Market Place portal shall be subject to the exclusive jurisdiction of the courts of New Delhi in India.

Without prejudice to the foregoing, CII may at its discretion, refer any dispute, including but not limited to unresolved complaints, to voluntary online Mediation conduct by a recognized Online Dispute Resolution (ODR)Institution in India, by serving a prior written notice to the User for obtaining consent to mediation. The Mediator, shall be mutually appointed by the disputing partiesand in case of failure to reach agreement, shall be appointed by such ODR Institution from the list of independent mediators maintained by such Institution. Such recourse to mediation shall not affect the right of CII or User to adjudication of the dispute in court proceedings.

16. Amendment

CII may, in exercise of its discretion, amend, remove, replace, and update these Terms of Use in whole or in part, including all polices and documents incorporated from time to time, without prior notice to its Users, save and except as required by the applicable laws in force. Each amendment shall be effective from the date of update on CII Market Place Portal. The Users confirm acceptance to the amendments effected by CII to these Terms of Use by continued use of CII Market Place portal.

17. Assignment

CII may, at its discretion, assign any or all the rights and obligation under these Terms of Use of CII Market Place to any of its affiliates or sister concerns or successor entities in connection with such a merger, acquisition, restructuring, or sale of assets.A User cannot transfer or assign any of its rights or obligations under these Terms of Use to anyone without prior written consent of CII, and any assignment made contrary to these terms shall be void.

18. Severability

If any provision of these Terms of Use is upheld as invalid or unlawful or unenforceable by any competent court of law, tribunal, or authority in India, then that portion of the Terms of Use shall be deemed as severable from these Terms of Use. Such severance shall not affect the validity and enforceability of remaining provisions of these Terms of Use which shall be remain in full force and effect and shall be construed in a manner consistent with the applicable laws in India and the object of operating CII Market Place.

19. Notices

Any notice to CII shall be addressed by the users of CII Market Place portal as follows

  • Kind Attn: Confederation of Indian Industry
  • Address: 23 Institutional Area, Lodi Road New Delhi – 110003, India.
  • Email: info@cii.in

All notices shall be in writing and shall be sent by postal delivery through a recognized courier service or by electronic mail. Such notices shall be deemed as delivered to CII in accordance with the delivery confirmation report prevailing for each mode of communication.CII may send notice to any User of CII Market Place portal,at the email address registered with CII. CII may send notice to any other registered User of CII Market Place at the email address provided to CII at the time of online registration on CII Market Place portal. CII may provide information to Users of CII Market Place by publishing notices on CII Market Place portal and the date of publication of notice shall constitute the date of due service of notice to all Users of CII Market Place.

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