Terms of Use
Udyog Odisha Platform
Terms of Use – Udyog Odisha Platform
These Terms of Use (“Terms”) govern your access to and use of the Udyog Odisha platform (“Platform”), operated by Exvion Global Pvt. Ltd., a company incorporated under the laws of India, having its Branch at Bhubaneswar, Odisha, India (“Company”, “we”, “us”, or “our”), through the website udyogodisha.com and any associated applications, tools, or services. By accessing or using the Platform, you (“User”, “you”, or “your”) agree to be bound by these Terms, as may be amended from time to time.
1. Nature of the Platform and Intermediary Status
The Udyog Odisha Platform is an online marketplace that functions solely as an “Intermediary” within the meaning of Section 79 of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This Platform works only on B2B basis which facilitates the posting of Requests for Quotations (“RFQs”), discovery, communication, and introductions between Buyers and Sellers, but does not itself enter into contracts for the sale or supply of goods or services, unless expressly stated in a separate written agreement.
We act as a neutral technological intermediary and are not a party to any contract between Buyers and Sellers. All transactions, agreements, obligations, and liabilities arising from such contracts are solely between the respective Buyer and Seller, and the Company shall not be responsible or liable for the performance, quality, legality, or consequences of such transactions, except to the extent expressly provided in a separate written service agreement with you.
2. Eligibility and User Representations
You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract under the Indian Contract Act, 1872. If you are registering or using the Platform on behalf of a company, partnership, or other legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms.
You agree to provide accurate, current, and complete information during registration and in your profile, and to update such information promptly if it changes. You shall not misrepresent your identity, affiliation, or business credentials, and you shall not create or maintain multiple accounts for the purpose of circumventing Platform rules or restrictions.
3. Prohibited Conduct and Use of RFQs
You shall not use the Platform, or any data, content, or information available thereon, for any unlawful, fraudulent, or abusive purpose. In particular, you shall not:
- Scrape, crawl, harvest, or otherwise extract RFQs, vendor listings, or any other data from the Platform, whether manually or through automated tools, scripts, bots, or other means, without our prior written consent.
- Spam, mass‑email, cold‑call, or otherwise misuse Bids or contact details obtained via the Platform for unsolicited commercial communication or bulk marketing, in violation of applicable laws including the Information Technology Act, 2000 and any related rules.
- Post false, misleading, or defamatory content, or attempt to manipulate search rankings, reviews, or ratings.
- Engage in any activity that may harm the Platform’s systems, security, or reputation, or that may disrupt the experience of other Users.
Violation of this clause shall constitute a material breach of these Terms and may result in immediate suspension or termination of your account, without refund, and may also expose you to civil or criminal liability as applicable under Indian law.
4. Subscription Plans and Fees
The Platform may offer subscription plans (e.g., Starter, Growth) and other paid features (“Subscription”). Subscription fees shall be payable in advance for the relevant billing cycle, as specified in the applicable plan description and the payment gateway interface.
All Subscription fees are strictly non‑refundable, except where expressly mandated by applicable law or where a written agreement between you and the Company provides otherwise. No partial refunds, prorated refunds, or credits shall be granted for early termination, downgrade, or non‑use of the Subscription during the billing cycle.
We reserve the right to modify Subscription plans, pricing, and features upon reasonable notice through the Platform or by email, and your continued use of the Platform after such notice shall constitute acceptance of the revised terms.
5. Intellectual Property and Platform Rights
All intellectual property rights in the Platform, including but not limited to software, design, layout, graphics, logos, trademarks, and underlying technology, are owned by or licensed to the Company. You are granted a limited, non‑exclusive, non‑transferable, revocable licence to access and use the Platform for your lawful business purposes, subject to these Terms.
You shall not copy, modify, distribute, sell, license, reverse engineer, or create derivative works of the Platform or any part thereof, except as expressly permitted in writing by the Company. You shall not use the Company’s name, logo, or branding in any marketing or promotional material without prior written approval.
6. Disclaimers and Limitation of Liability
The Platform is provided on an “as‑is” and “as‑available” basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness, or timeliness of any information, Biddings, listings, or communications available through the Platform.
To the maximum extent permitted by applicable law, The Company and its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of or inability to use the Platform, including but not limited to loss of profits, data, business opportunities, or goodwill.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of the Platform or any feature thereof;
- Your breach of these Terms or applicable laws;
- Your posting, transmission, or use of any RFQs, listings, messages, or other content on the Platform.
8. Termination and Suspension
We reserve the right, at our sole discretion, to suspend or terminate your access to the Platform, in whole or in part, with or without notice, for any reason including but not limited to:
- Breach of these Terms or any other policy;
- Suspicion of fraudulent, unlawful, or abusive activity;
- Non‑payment of any fees due;
- Operational, technical, or legal reasons.
Upon termination or suspension, your right to use the Platform shall immediately cease, and any unpaid Subscription fees for the current billing cycle shall remain due and payable.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict‑of‑laws principles. Any dispute, claim, or proceeding arising out of or in connection with these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the competent courts located in Bhubaneswar, Odisha, India.
10. Miscellaneous
These Terms, together with any additional policies, guidelines, or service‑specific terms incorporated herein by reference, constitute the entire agreement between you and the Company with respect to your use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
We may update these Terms from time to time. Your continued use of the Platform after such updates shall constitute your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
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