The following agreement captures the terms and conditions of use (“Agreement“), applicable to Your use of (www.solutionsportal.org) (“Website“), which promotes business between suppliers and buyers. It is an agreement between You as the user of the Website and Selco Foundation. (“Selco” or “Company”). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Website for any purpose.
By accessing or browsing this Website or interacting with other User(s) on Website or entering negotiations in respect of sale or supply of goods or services on Website or using the Website or Selco’s Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE WEBSITE OR SERVICES OF SELCO. IF YOU DO NOT AGREE TO OR DO NOT WISH TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE IN ANY MANNER.
The Website acts as a matchmaker for User(s) to negotiate and interact with other User(s) for entering negotiations in respect thereof for the sale or supply of goods or services. Selco is not a party to any such negotiations that take place between the User(s) of the Website and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Website.
Selco does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for saleon the Website or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Selco and any other party.
The Website is a venue where Users may interact with one another for their transactions. Company is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
Company is not responsible for any non-performance or breach of any contract entered into between Users. Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users.
The Site is also a channel of communication whereby the Users can reach a large base of persons in the market. The Company is only providing a platform for communication, and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the Company have any obligations or liabilities in respect of any such contract. The Company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User. The Company shall not be liable for any product or services offered on the Website. All goods and Services hosted on the Website are those of the User(s)/Supplier(s) etc. unless otherwise mentioned therein.
Notwithstanding its reasonable efforts in that behalf, Company cannot control the information provided by other Users which is made available on the Website. The User may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretences.
Technology Solution Provider (“Enterprise”) while providing their service on the Website shall comply with the following:
The services or technology provided must be certified and the Enterprise must be able to provide the proof of technology and the materials/components with it.
Enterprise shall be fully responsible for the assembly of the product at the destination site and completeness of the system from the angle of its end use. Selco will hold no responsibility for assembling or initiating the conversation with the users who may be potential buyers.
Enterprise shall provide necessary “after-sale service”. The Enterprise will not involve Selco in implementation, testing, or any after-sales services.
Any complaints raised by other Users or buyers on the Website will be dealt with by the Enterprise and Selco will have no involvement in it.
Any defect found in the technology or services by the buyer or other Users will be the enterprise’s responsibility.
The enterprise will have to directly deal with the buyer for the return or exchange of the technology.
Enterprise shall ensure that it has warranties, extended warranties and sufficient insurance coverage in place, before providing the technology or services to the buyers or other Users of the Website.
Selco aims to bring the best technology accessible to everyone and increase the livelihood of underserved communities. As part of the policy and regulations, if any discrepancies or misrepresentations about the enterprise or about the technology posted on Website come to knowledge of Selco, it will lead to the removal of the Enterprise’s details from the website and other legal actions which the Company may be entitled to.
The terms of this Agreement apply to Enterprise as they are applicable to the User on the Website and the meaning thereof shall be interpreted accordingly.
User(s) represent and warrant that they have the right to avail or use the services provided by Selco, including but limited to the Website or any other services provided by Selco in relation to the use of the Website (“Selco’s Services“). Selco’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below eighteen (18) years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use Selco’s Services.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. Selco or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Selco’s Website, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s). The user shall do its own due diligence before entering into any transaction with other users on the website. Selco at its sole discretion reserves the right to refuse Selco’s Services to anyone at any time. Selco’s Services are not available and may not be availed or used by User(s) who have been temporarily or indefinitely suspended by Selco.
This Agreement applies to any person who accesses or uses the Website or uses Selco’s Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Website, under actual or apparent authority. User(s) may use this Website and/or Selco’s Services solely for their commercial/business purposes. Further, unless you are legally authorized to bind and represent another person or entity, you are considered to be acting on your own and you may not avail the services on behalf of any third party.
This Agreement applies to all services offered on the Website, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Website. This Agreement shall govern the User’s usage of Selco’s Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between Selco and the User.
The Company does not permit a User to host, display, upload, modify, publish any information, transmit, update or share or provide any services or data, information or any illegal or prohibited content. The User hereby represents and warrants that it shall not display, list, upload, modify, publish any information, data or materials and/or transmit or share anything that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights of any party;
violates any law for the time being in force;
is a part of a scheme to defraud other User(s) of the Website or for any other unlawful purpose;
communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
Otherwise creates any liability or adverse publicity for the Company.
As a condition of use of the Service and the Website, the User warrants that it/they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party’s use and/or enjoyment of the Website.
Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no products can be advertised on the site without the explicit permission from the intellectual property right holder.
In connection with any of the foregoing, Selco reserves the right to remove content from Website or otherwise suspend or terminate the User(s) access to Website or Services as deemed appropriate by Selco at its sole discretion. User(s) agree that Selco shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event Selco takes any of the actions mentioned in this provision. User(s) understand and agree that the Website acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Website. Selco does not have any role in developing the content displayed on the Website. Selco has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
By acceptance of this Agreement and these terms & conditions, the User hereby agrees that it has obtained all requisite consents, licences, approvals and permissions from all requisite governmental and statutory authorities for the goods and services it shall Host on the Site.
Company has endeavoured to ensure that all the information on the Website is correct, however Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the Website. The Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information, data and/or materials contained on the Website.
Company does not make any representation or warranty as to the attributes such as for quality, worth, marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Website. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.
Company does not make any representation or warranty as to the attributes to legal title, credit worthiness, identity, etc. of any kind about any product or services offered, displayed or hosted on the Website of its Users. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Website.
The Company provides the Website and Services “as is” and without any warranty or condition, express, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Website is at its own risk.
All copyright and/or know-how and/or any other intellectual property rights in relation to Website or any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Website, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
User(s) hereby grant Selco an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website.
Without limiting the other remedies, Company can remove any content hosted by the User or terminate or suspend User’s access to Website if, including without limitation:
User display’s any data which is illegal or prohibited by law;
User breaches any term of this Agreement;
Company is unable to verify information provided by the User;
User actions may cause legal liability for the Company or other Users of the Website; or
User is unable to produce, when asked for by the Company, a certified copy of a consent, licence, approval, permission or similar certification requisite for goods and/or services a User proposes to host/has hosted on the Website.
User may encounter links to various third-parties while accessing the Website. Such links to third party sites are provided on Website as a convenience to User(s). User(s) acknowledge and agree that Selco does not have any control over the content of such websites and/ or any information, resources or materials provided therein. Selco advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites prior to using or accessing such Third-Party Websites. Users acknowledge and agree that Selco has no control over any content offered on Third Party Websites, does not monitor such Third-Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third-Party Sites, or any content, products or services made available thereof.
In no event shall Company be liable for:
any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) arising out of or in connection with the Website, its Services or this Agreement; and/or
any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer telecommunications or any other equipment failures, electrical power failures, strike, labour disputes, riots, insurrections, civil disturbances, shortage of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition.
The Company, make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. All such warranties, representations, conditions and undertakings are hereby excluded.
The Company will indemnify You and defend You against a third-party claim suit or action in relation to infringement of third-party intellectual property or confidential information by the Company.
You agree to indemnify and hold the Company, members, officers, directors, employees, agents, and licensors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses including but without limitation to, reasonable attorneys’ fees, arising out of or related in any way to any third- party claims in the event that:
You fail to obtain any consent, authorization or license required for accessing the Website and Services provided by the Company under this Agreement;
Your use of the Website is in a manner that is not expressly permitted by this Agreement;
Any violation or breach by You of applicable laws or this Agreement.
The indemnified party will provide prompt written notice to the indemnifying party of the claim in writing. The indemnifying party shall further reasonably cooperate in connection with the defence or settlement of the claim; and shall give the indemnifying party the sole control over the defence and settlement of the claim, provided that any settlement of a claim will not include a specific performance obligation or admission of liability by the indemnified party.
User and the Company are not related to each other and the terms of this Agreement shall not be interpreted to create a relation of agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee between the Company and any User.
Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail to (# 690, 15th Cross Rd, Jeewan Griha Colony, 2nd Phase, J. P. Nagar, Bengaluru, Karnataka 560078) or e-mail to: – (solutionsportal@selcofoundation.org) (in the case of the Company).
The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User details, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Website immediately and without notice, and remove any content hosted within the Website, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable whether for refunds or otherwise, to the User or any third-party for any termination of the Users access to the Website or Services. The User agrees that it shall not attempt to use the Website or Services after the date of termination.
If the Company terminates User(s) accessibility, User(s) will not have the right to re-enrol or join Website under a new account or name or an alias unless formally invited to do so by the Company.
The Company reserve the right to modify or amend this Agreement at any time by providing You with a notice.
Selco shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating Selco’s Services to any person or entity
We shall have the right to change these Terms of Use from time to time and it is your duty to read and review the terms of it before you access our website. Your use of the Website will be deemed an acceptance of the terms of use existing at that time.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, all the other provisions of this Agreement shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with Indian law without reference to its conflicts of law principles. All disputes arising out of this Agreement shall be subject to the jurisdiction of Bengaluru court.
If You have any questions, queries, and clarifications with respect to this Policy, You may reach out to solutionsportal@selcofoundation.org.
‘Solutions Portal’, an initiative by SELCO Foundation, is an online platform housing more than 150 productive use appliances linking stakeholders who are seeking sustainable and forward-looking solutions across Agriculture & Allied, Retail and Services, Textiles, and Crafts livelihood activities.
