Terms And Conditions

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.searchmytenders.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 AERO TELCOM SOLUTIONS PRIVATE LIMTED, 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 "Searchmytenders" 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 Searchmytenders 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 Searchmytenders 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 Searchmytenders; 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. Searchmytenders 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

Searchmytenders 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 Searchmytenders for listing or transaction fees or any other fee because of technical or other reasons, Searchmytenders reserves the right to deduct/charge/claim the balance subsequently at its own discretion.

Searchmytenders currently accepts payments through:
(a) Indian credit cards and Indian debit cards
(b) internet banking of certain banks in India
(c) online wallets of certain companies
(d) UPI

In cases that Searchmytenders deems appropriate, Searchmytenders may accept payments through cheques issued by banks in India or in cash or through NEFT and RTGS transactions. Searchmytenders may from time to time and in its sole discretion agree to accept payments through such other modes as Searchmytenders 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 Searchmytenders, You authorize Searchmytenders 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. Searchmytenders 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 Searchmytenders.

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.

"Searchmytenders", "Searchmytenders.com" and other Searchmytenders graphics, logos, taglines and Service names are the intellectual property of Searchmytenders. Except as specifically permitted herein, these shall not be used by the user or any other person without the prior written permission from Searchmytenders. All other trademarks not owned by Searchmytenders 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 Searchmytenders.

Searchmytenders 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 Searchmytenders

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 Searchmytenders 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, Searchmytenders 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 Searchmytenders. 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. Searchmytenders 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.

Searchmytenders shall not be liable for any Loss associated with Your use of such other websites. Searchmytenders 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. Searchmytenders 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 Searchmytenders 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 Gautam Buddha Nagar , Uttar Pradesh.

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.