Terms & Conditions

In accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing of the rules and regulations, privacy policy and Terms of Use for access or usage of website and application for mobile and any other handheld devices, this document is herewith published by Procol Tech Private Limited (‘Procol’).

Introduction

1. These terms & conditions (‘Terms & Conditions’) govern the use of this website and mobile based application; Procol procurement suite (‘Platform’). Before you access and avail the services offered on the Platform by Procol and/or any of its affiliates, you must agree to the following terms and conditions. If you visit, shop or browse on the Platform, you agree to abide by these Terms & Conditions and any other Procol policies, including but not limited to the Privacy Policy and any other policy, as updated and posted on the Platform from time to time.
2. Procol Tech Private Limited is a private limited company incorporated under the provisions of Companies Act, 2013 having its registered office at D-644, 1st floor, Saraswati Vihar, Pitampura, New Delhi -110034. The Platform is a mobile based application or the portal provided by Procol that allows vendors to promote and sell its products to the buyer/users of the Platform, and the Platform and Procol acts a facilitator or the marketplace only and is not a party to any agreements that may be entered into between the customers/users and vendors. For the purpose of these Terms & Conditions, wherever the context so requires, ‘you’ shall mean any natural or legal person who has agreed to become a vendor (‘Vendor’) or customer (‘Customer’) or user on the Platform by providing data while registering on the Platform as a registered user (‘User’), using any computer systems. The terms ‘Procol’, ‘Procol procurement suite’, ‘Platform’, ‘App’, ‘we’, ‘us’ or ‘our’ shall mean Procol Tech Private Limited.
3. To access and avail the services please read the Terms & Conditions carefully. While using any current or future services offered by Procol and/or any of its affiliates, whether or not included in the Platform, you will abide by these Terms & Conditions, the guidelines and conditions applicable to such service or business. If you do not agree to these Terms & Conditions, you may not use the services on the Platform, and we request you to uninstall the Platform.

AMENDMENTS

1. Procol reserves the right to make changes or modify the Platform, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions. Your continued usage of the services after any change is posted on the Platform, constitutes your acceptance of the amended Terms & Conditions and other Procol policies. These Terms & Conditions are binding for all purchases.

ELECTRONIC COMMUNICATION

1. When you visit the Platform or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

USE OF PLATFORM AND SERVICES

1. All commercial/contractual terms with respect to the products and services are offered by and agreed to between the Customers and Vendors alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Procol is just a facilitator or a marketplace and does not have any control or does not determine or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and the Vendors.
2. Procol may, however, offer support services to the Vendors with respect to technology for the Platform, payment gateway integration, online promotions, and other services, pursuant to the contracts executed by it with the Vendors.
3. Procol shall not be responsible for managing the customer service, however, it shall only provide for the direct contact details and/or customer service details of the Vendors on the Platform. However, in case of contingency where the Customer is unable to reach out to the Vendor that Procol shall provide for such emergency customer service through its our medium like email or phone call to bridge the gap between the Customer and the Vendor during its official working hours.
4. You are advised to independently verify the bona fides of any Vendor that you choose to deal with on the Platform and use your best judgment in that behalf. All Vendor offers and third-party offers are subject to respective party terms and conditions. Procol takes no responsibility for such offers.
5. Procol neither makes any representation or warranty as to specifics (such as quality, value etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Procol accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6. Procol is not responsible for any non-performance or breach of any contract entered into between Customers and Vendors on the Platform. Procol cannot and does not guarantee that the concerned Customers and/or Vendors will perform any transaction concluded on the Platform. Procol is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. Procol is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between the Customer and the Vendor on the Platform come into or take possession of any of the products or services offered by the Vendor. At no time shall Procol hold any right, title or interest over the products nor shall Procol have any obligations or liabilities in respect of such contract entered into between the Customer and the Vendor.
8. Procol 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 Customer and the Vendor. The Vendor shall be solely liable for redressing the Customer complaints. In the event you raise any complaint on any Vendor accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Vendor and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.
9. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

LICENSES

1. Procol grants to you limited, revocable, non-transferable, non-sub-licensable and non-exclusive license to use the Platform on payment of fees (as per the agreement signed between you and Procol), pursuant to which you are allowed to access the Platform for the sale and purchase of goods.
2. You shall at all times during the period of use of the platform avail the services only from Procol and such use of the services shall be as per the terms and conditions set out in the License Agreement signed by you.
3. The software extensions made available through the Procol are licensed, not sold, to you. The extensions have been developed, and are licensed to you, by Procol.
4. Your license to each Procol’s extension is subject to the License Agreement entered into between you and Procol. Procol reserves all rights in and to the extension not expressly granted to you. You acknowledge that you are acquiring the license to each third-party extension from Procol.
5. License Restrictions. You may not make copies, translations, or modifications of or to the Platform. You may not alter, obscure, or remove the copyright notice on any copy of the Platform. You may not assign, sell, distribute, lease, rent, sublicense, or transfer the Platform, nor may you use the Platform in a manner that disrupts the operation of any associated services or otherwise in a manner that was intended (for example, by engaging in any unlawful activity through the Platform).
6. You are responsible for properly configuring and using the Platform and taking your own steps to maintain appropriate security, protection and backup of your content, which may include the use of encryption technology to protect your content from unauthorized access and routine archiving of your content.
7. We may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby grant us the following licenses:
   1. a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense through multiple levels of sublicenses, under your intellectual property rights, to make, use, have made, sell, offer to sell, copy, reproduce, distribute, publicly perform, publicly display, digitally transmit, modify, create derivative works of, import, and otherwise exploit, any suggestions or feedback you provide to us that result in modifications, improvements or enhancements to the Platform.
   2. a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Platform.

GENERAL TERMS OF USE OF THE PLATFORM

1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
   1. belongs to another person and which you do not have any right to;
   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or 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; or unlawfully threatening or unlawfully harassing including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
   3. is misleading or misrepresentative in any way;
   4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   5. harasses or advocates harassment of another person;
   6. involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
   7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
   8. infringes upon or violates any third party’s rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
   9. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
   11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
   12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
   13. contains video, photographs, or images of another person (with a minor or an adult);
   14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
   15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms & Conditions, Procol’s prior written consent means a communication coming from Procol’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
   16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
   17. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
   18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms & Conditions;
   19. harm minors in any way;
   20. infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
   21. violates any law for the time being in force;
   22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   23. impersonate another person;
   24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
   25. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
   26. is false, inaccurate or misleading;
   27. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
   28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform. Grievance Officer In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Akshay Chugh
Data Protection Officer (DPO)
E-mail: legal@procol.in
Address: Procol Tech Private Limited Reg Office: Unit 404, 405 & 407, 4th Floor, Tower C, Unitech Cyber Park, Sector 39, Gurugram, Haryana-122001