Terms and Conditions

http://tender.telangana.gov.in is an 'e' market place of Government of Telangana State developed by Vupadhi Techno Services Pvt.Ltd & Maintained by TSTS.

In order to create a user account and use the TS e-Procurement portal you must read and accept the TS e-Procurement portal User Agreement.

TERMS AND CONDITIONS OF TS ePROCUREMENT SERVICES AGREEMENT

COPYRIGHT NOTICE. Copyright © Vupadhi Techno Services Pvt. Ltd. All rights reserved.

International copyright and trademark laws protect the entire contents of the Site. The owner of the copyrights and trademarks are Vupadhi Techno Services Pvt. Ltd. 1st Floor, Ramky Grandiose, Sy.No: 136/2&4, Gachibowli, Hyderabad-500032.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

http://tender.telangana.gov.in is an 'e' marketplace of Government of Telangana State developed by Vupadhi Techno Services Private Limited and maintained TSTS.

TSTS PROVIDES THIS TSe-PROCUREMENT PORTAL AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE USER'S TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU MAY NOT COMPLETE YOUR REGISTRATION AND USE THE TS e-Procurement PORTAL WITHOUT AGREEING TO COMPLY WITH ALL OF THE USER'S TERMS AND CONDITIONS SET FORTH BELOW, AND BY REGISTERING FOR A USER NAME AND PASSWORD, YOU AGREE TO ABIDE BY ALL OF THE USER'S TERMS AND CONDITIONS SET FORTH BELOW.

Bidder Registration, Password and Security

Upon successful completion of Registration online, User ID and Password will be registered. You can log-in only by selecting secure mode and signing with Digital Signature.

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TSTS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log-out from your account at the end of each session. TSTS cannot and will not be liable for any loss or damage arising from your failure to comply with the foregoing.

Registered user can always modify or update their profile as and when required at their discretion [Except 'User ID' and 'Company name'].

System Requirements

It is user's responsibility to comply with the system requirements: hardware, software, Internet connectivity at user premises to access e marketplace. TSTS is not responsible for non-compliance for the above by user.

Transaction Fee

The users submitting bids through e-marketplace have to pay transaction fee to TSTS.

Contents of Tender Information

Tenders shall be published by the authorized Tender Inviting Authorities of the respective Procurement entities of TS. TSTS is not responsible for the information provided in the tenders published. In case of any clarifications arising out of the tenders, the users have to contact the respective Tender Inviting Authority.

Bid Submission Acknowledgment

The user should complete all the processes and steps required for Bid submission. The successful Bid submission can be ascertained once acknowledgment is given by the system through Bid Submission number after completing all the processes and steps. TS and TSTS is not responsible for incomplete bid submission by users. Users may also note that the incomplete bids will not be saved by the system and are not available for the tender inviting authority for processing.

Upload files

The bidders have to ensure that the files being uploaded by them are free from all kinds of viruses and contain only the relevant information as stated by the tender inviting authorities for the particular tender. If any bidder / company has uploaded / attached irrelevant data, bogus or fabricated certificates towards his qualification requirements to the respective tender then their user account will be liable for termination permanently or temporarily by TS and TSTS without any prior notice.

User Conduct

You agree that all information, data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the e-Procurement portal. TSTS does not control the Content posted via the e-Procurement portal and as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TSTS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Site. Special Admonitions For International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data to and from India or the country in which you reside.

Links

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TSTS has no control over such sites and resources, you acknowledge and agree that TSTS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TSTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. TSTS failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TSTS may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

Governing Law

Terms shall be governed by, and construed in accordance with, Indian law. The parties irrevocably agree that the courts of Hyderabad shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts at Hyderabad, irrespective of whether Courts/Tribunals in other areas have concurrent or similar jurisdiction.

TS and TSTS Pvt Ltd jointly reserves the right to initiate any legal action against those bidders violating all the above mentioned terms & conditions of TS e-Procurement services agreement.

Modification of terms of Agreement

TSTS, reserve the right to add to or change/modify the terms of this Agreement. Changes could be made by us after the first posting to the Site and you will be deemed to have accepted any change if you continue to access the Site after that time. This Site reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

Our Policy and Security

General Policy

TSTS is committed to protecting the privacy of our eProcurement site visitors. We do not collect any personal or business information unless you provide it to us voluntarily when conducting an online transaction on the Site.

Information Collected

When you choose to provide personal or business information to us to conduct an on-line transaction, we use it only for the purpose of conducting the specific on-line transaction that you requested. The information is also used for the purpose of vendor searches. For each on-line transaction, we require only the minimum amount of personal and business information required to process your transaction.

When you visit our portal to browse, read pages, or download information, we automatically collect and store only the following information:

• The Internet domain and IP address from which you access our portal;
• The date and time you access our portal;
• The pages you visit; and
• If you access our portal from another Web site, the address of that Web site.

This information would help us make our site more useful to visitors--to learn about the number of visitors to our site and the types of technology our visitors use.

We do not give, share, sell or transfer any personal information to a third party unless required to do so by law. If you do not want any personal or business information collected, please do not submit it to us; however, without this information we will be unable to process your on-line transaction. Review, update and correction of any personal or business information can be done directly in the Site.

Use of Cookies

When you choose to enter into an online transaction, we use cookies to save the information that you input while progressing through the transaction. A cookie is a very small amount of data that is sent from our server to your computer's hard drive. By setting this cookie TSTS will remember you the next time you visit and won't have to bother you by asking questions you have already answered (like address information). If your browser is not configured to "accept" cookies, you will still be able to access the information on our web site, but you may not be able to perform online transactions.

Security

The Site has security measures in place to protect against the loss, misuse and alteration of information under our control.

Terms and Conditions for Online-Payments

The Terms and Conditions contained herein shall apply to any person ("User") using the services of Telangana State Technology Services ltd (TSTS), Government of Telangana State, for making Tender fee and Earnest Money Deposit (EMD) payments through an online payment gateway service ("Service") offered by ICICI Bank Ltd. in association with E Tendering Service provider and payment gateway service provider through TSTS website i.e. http://tender.telangana.gov.in or http://tender.telangana.gov.in ("Website"). Each User is therefore deemed to have read and accepted these Terms and Conditions.

A. Privacy Policy

TSTS respects and protects the privacy of the individuals that access the information and use the services provided through them. Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the User's permission, as covered in this Privacy Policy.

This Privacy Policy describes TSTS's treatment of personally identifiable information that TSTS collects when the User is on the TSTS's website. TSTS does not collect any unique information about the User (such as User's name, email address, age, gender etc.) except when you specifically and knowingly provide such information on the Website. Like any business interested in offering the highest quality of service to clients, TSTS may, from time to time, send email to the User and other communication to tell the User about the various services, features, functionality and content offered by TSTS website or seek voluntary information from The User.

Please be aware, however, that TSTS will release specific personal information about the User if required to do so in the following circumstances:

• in order to comply with any valid legal process such as a search warrant, statute, or court order, or available at time of opening the tender
• if any of User's actions on our website violate the Terms of Service or any of our guidelines for specific services, or
• to protect or defend TSTS's legal rights or property, the TSTS's site, or the Users of the site or;
• to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of TSTS's website/offerings.

B. General Terms and Conditions For E-Payment

1. Once a User has accepted these Terms and Conditions, he/ she may register on TSTS's site and avail the Services.

2. TSTS's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of TSTS's right to comply with any law enforcement agencies request or requirements relating to any User's use of the website or information provided to or gathered by TSTS with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of TSTS.

3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

4. These Terms and Conditions constitute the entire agreement between the User and TSTS. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and TSTS. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5. The entries in the books of TSTS and/or the Payment Service Providers kept in the ordinary course of business of TSTS and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.

6. Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach TSTS with his/ her claim details and claim refund from TSTS alone. Such refund (if any) shall be effected only by TSTS via payment gateway or by means of a demand draft or such other means as TSTS deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.

7. In these Terms and Conditions, the term "Charge Back" shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.

8. Refund for fraudulent/duplicate transaction(s): The User shall directly contact TSTS for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by TSTS alone in line with their policies and rules.

9. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider's webpage, that is linked to the Website, is experiencing any server related issues like 'slow down' or 'failure' or 'session timeout', the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

• In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact TSTS via e-mail or any other mode of contact as provided by TSTS to confirm payment.
• In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regard shall be entertained by the Payment Service Provider(s).

C. Limitation of Liability

1. TSTS has made this Service available to the User as a matter of convenience. TSTS expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that TSTS reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

2. TSTS and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the TSTS and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

3. TSTS and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:

• the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
• any interruption or errors in the operation of the Payment Gateway.

4. The User shall indemnify and hold harmless the Payment Service Provider(s) and TSTS and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.

The User agrees that TSTS or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond TSTS's reasonable control.

D. Miscellaneous Conditions :

1. Any waiver of any rights available to TSTS under these Terms and Conditions shall not mean that those rights are automatically waived.

2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that TSTS or the Payment Service Provider(s) have no control over such matters.

3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, TSTS does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

4. TSTS, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

5. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by TSTS on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User's own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;

• Choose a new password, whenever required for security reasons.
• Keep his/ her User ID & Password strictly confidential.
• Be responsible for any transactions made by User under such User ID and Password.

The User is hereby informed that TSTS will never ask the User for the User's password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her TSTS account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User's personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafe.

E. Debit/Credit Card, Bank Account Details

1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.

2. The User may make his/ her payment (Transaction Fee/Earnest Money deposit) to TSTS by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:

• The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
• The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
• The User is authorizing debit of the nominated card/ bank account for the payment of Tender Fee and Earnest Money Deposit
• The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

F. Personal Information

1. The User agrees that, to the extent required or permitted by law, TSTS and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to TSTS. The User agrees to be contacted via e-mail on such mails initiated by him/ her.

3. In addition to the information already in the possession of TSTS and/ or the Payment Service Provider(s), TSTS may have collected similar information from the User in the past. By entering the Website the User consents to the terms of TSTS's information privacy policy and to our continued use of previously collected information. By submitting the User's personal information to us, the User will be treated as having given his/her permission for the processing of the User's personal data as set out herein.

4. The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.

G. Payment Gateway Disclaimer

The Service is provided in order to facilitate payment of Tender Fees/Earnest Money Deposit online. TSTS or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.