Important notice to the bidders : Online training on e-auction will be conducted every Monday and Thursday from 11 AM to 1 PM. Interested bidders may send the request to helpdesk@gmail.com one day before the training day. For any query please contact our helpdesk number 011-49606060 And for immediate user support and helpdesk related queries, please contact on the following numbers:- 9355030613, 9355030608, 9355030625, 8448288988, 9355030629, 9355030616, 9355030165, 9355030614, 8448288994, 8448288987, 9205898220, 8448288984, 9355030604, 8448288980, 9355030630, 8448288985, 8448288981, 8448288992,9355030610, 9355030617, 9355030620, 9205898221.
For the purposes of this document, the following expressions shall have the meanings hereby assigned to them except where the context otherwise requires:
1.Terms and Conditions means the terms and conditions mentioned herein and applied to the eWizard portal.
2.Portal means the name of the portal through which the departments/governments/PSUs and other entities procure goods and services.
3."Material" means text, graphics, images and any other viewable item or contents available or uploaded in the portal.
4."E-payment gateway" means the financial institution which facilitates the online transaction on the portal for collection of service & convenience fee.
5."Digital Signature" shall have the same meaning as in the Information Technology Act, 2000 and any amendments thereof.
6."Bidders" means the contractor community.
7."DEPT USERS" means the government department, PSUs or any entity who are registered with eWizard portal.
8."Users" means the "DEPT Users" and "Bidders" who are registered with eWizard portal.
User agreement is a contract between "you" and "us" to use website and the services provided. You must read, agree to, and accept all of the terms and conditions contained in this agreement in order to use our website, owned and operated by us, applications, products or services through the website. Prior to creation of user account in eWizard portal, you must read and understand the terms and conditions.
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.
We provide this web 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 web 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.
After successful completion of online registration, user id and password will be registered. User can login using his user id and password and thereafter by signing with the digital signature.
User is responsible for maintaining the confidentiality of the password as well as account, and is fully responsible for all the activities that are performed using his password and account. User agrees to (a) immediately notify service provider of any unauthorized use of your password or account or any other breach of security, and (b) ensure that he log-out from his account at the end of each session. Service provider cannot and will not be liable for any loss or damage arising from bidder's failure to comply with the foregoing.
User can always modify or update their profile as and when required at their discretion [Except 'User ID' and 'Company Name'].
1.This portal is designed and developed by Unibrain Consultancy Services Private Limited (Technology Partner of ITI Limited-Govt. of India Undertaking).
2.The portal will be made available by the SERVICE PROVIDER and shall strive to maintain maximum uptime of the service.
3.The SERVICE PROVIDER agrees to grant the bidder the right to access and use eWizard portal on the terms set out herein and such other terms as may be specified by the DEPT from time to time.
4.The bidder should understand that the eWizard portal is maintained by the SERVICE PROVIDER and customized to the department's requirement with mutual agreement between department and SERVICE PROVIDER. Bidder should agree that SERVICE PROVIDER will not be responsible for any damages/losses resulting from the use of eWizard portal. Bidder should also adhere to the requirements mentioned in the system requirement section in home page for the smooth flow of the system.
5.The users are hereby not to publish, transmit, share, store, modify, use any information belongs to another personnel or which is abusive, vulgar, hateful, non-ethical, threatening, objectionable, encouraging money laundering, or otherwise unlawful in any manner.
6.The users hereby shall not host, publish, edit, store or transmit any information contained in the transmission in the eWizard portal.
7.The facilities offered by the SERVICE PROVIDER are non-transferable. Hence, the user shall not assign, resell or commercially exploit the facilities.
8.The services provided by the portal are subjected to all applicable government laws, rules and regulations.
9.The bidder should ensure that all provisions of IT Act are complied with during the usage of security device - Digital Signature Certificate (DSC).
10.The DSC shall be procured by the bidders in advance prior to registration in eWizard portal from any authorized Certifying Agencies (CA) approved by CCA, Govt. of India.
11.Only the intended users of this portal; registered department users and bidders; may transact and do business through electronic mode provided by the SERVICE PROVIDER.
12.SERVICE PROVIDER shall register department users in the portal for floating and operating the tender enquiries.
13.The information provided by the bidder in the portal is absolutely by and under his discretion and SERVICE PROVIDER will not verify the same. The documents uploaded by the bidder will not be preserved by the SERVICE PROVIDER.
14.Bidder and department users may always modify/update their profile information in the portal whenever required through their login.
15.SERVICE PROVIDER will not be responsible for any misuse or misplacement or revealing the identity or password to the unauthorized persons.
16.The online payment facilities are being provided by the SERVICE PROVIDER in the portal for some of the mode of payments. Since this is third party facility, SERVICE PROVIDER will not accept any responsibility for payment failures and broken transactions etc., The online /offline transaction fees for various payment modes shall be paid by the bidder along with applicable convenience, bank, gateway charges and taxes thereon. The bidder may be liable for disqualification if the applicable charges are not being paid. The transactions fees are non-refundable or non- reversible unless there is a case of duplicate payment / less or late payment wherein only transaction fees will be reversed without applicable charges.
17.Bidders agree to pay the applicable Fees in the portal, ie., Registration, Form Fee and/or Tender Processing Fee along with the Applicable Charges, ie., Convenience charges, Bank charges, Gateway charges and taxes thereon, as the case may be, for any transaction on the Portal regardless of whether or not such transaction is actually completed. If the bidder fails to submit the Transaction Fee along with applicable charges, he/she/they is/are liable for disqualification to participate in the Tender.
18.Transaction fees viz., Registration Fee / Form Fee / Tender Processing Fee are non-refundable. However, if any double payment received through ePayment gateway or any other source, then only transaction fees (without applicable charges) shall be refunded to the bidder.
19.The refunded amounts will be credited to the bidder's bank account within 21 working days, registered with the SERVICE PROVIDER and not to the actual account through which the payment is received.
20.Bidder agrees that he/she/they will not approach his/her/their bank for any charge back claims.
21.Bidders should provide valid and active email address as all the communication will be sent through email to the registered email id. If emails are received in SPAM folder, then such mails should be marked as "NOT SPAM" by the bidder.
22.The promotional services provided by the SERVICE PROVIDER like email and SMS are in no way enforces SERVICE PROVIDER to provide these services as these services are provided to bidder as an additional information.
23.The Email/SMS may not be received by the users for following reason which are beyond SERVICE PROVIDER's control and these needs to be sorted out by the user itself:
24.SERVICE PROVIDER has all the right to terminate the registration of any registered user without providing any reasons and giving 15 day's notice in writing to the concerned user. The termination will be effective on the date of expiry of notice period.
25.SERVICE PROVIDER has all the right to discontinue the portal or merge with another portal at any point of time without taking any consent from the bidders.
26.Notwithstanding any investigation or inquiry which SERVICE PROVIDER may in its discretion undertake, the REGISTERED USER acknowledge and accept that SERVICE PROVIDER is only a SERVICE PROVIDER and shall not in way be responsible or liable for any breach or failure on the part of the REGISTERED USER.
27.SERVICE PROVIDER makes no warranty that THE PORTAL will be available uninterrupted or timely or error free or otherwise assume any responsibility for any delayed transmission or the deletion or failure to store data or for any consequential loss or damage thereupon.
28.SERVICE PROVIDER, its directors, officers, employees, agent and representatives shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, resulting from the use of THE PORTAL.
29.SERVICE PROVIDER, will have privilege to place advertisement and other materials on THE PORTAL as a part of marketing channel without consulting the registered DEPT USERS.
30.SERVICE PROVIDER, will have privilege to modify, and update the features or flow in the portal or adopt a new internet technology without taking consent of Bidders.
31.The DEPT USERS and bidders are liable to pay the initial and renewal fees to SERVICE PROVIDER in the manner specified. This fees may include registration, processing and other periodic payment or any other fees. These fees will be entitled to vary department wise depending upon business terms.
32.The user's data shall be treated in complete security and confidential manner. However, in any case security and confidentiality breaches beyond SERVICE PROVIDER's scope, then bidder will not make him liable for any damage or loss resulting from the user of this system.
33.The Bidder hereby agrees to indemnify and hold the SERVICE PROVIDER harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by the DEPT arising out of or referable to any claims, suits or proceedings brought against the DEPT by third parties.
34.The SERVICE PROVIDER shall not be liable in any way for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect, which arise from or are referable to, regardless of the form of action, any breach of security, delay, corruption or destruction of data or systems (including due to but not limited to causes such as virus or other malicious, destructive or corrupting code, programme), transmission error and unavailability of access associated with accessing and/or using eWizard portal or any part thereof.
35.THE PORTAL shall be controlled by SERVICE PROVIDER and the applicable law shall be Indian Law. The registered user shall agree and hereby submit to the exclusive jurisdiction of the appropriate court within the territory of NEW DELHI in respect of any dispute or difference with SERVICE PROVIDER.
36.In compliance to the Information Technology (Amendment) Act, 2008, the users are hereby directed not to use, display, upload, modify, publish, transmit, update, share or store any information that (a) belongs to another person; (b) is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
37.The Copyright on THE PORTAL shall exclusively vest in UNIBRAIN CONSULTANCY SERVICES LIMITED.
38.The registered user confirms that he has carefully read the terms and conditions and unconditionally and irrevocably accepts the same when applying for signing up. Any claims, grievances, complaints about the usage of the eWizard website may be addressed to legalcel@unibrain.in.
i) The Service Provider shall publish the terms and conditions of use of its e-Procurement System, user agreement, privacy policy etc.
ii) The Service Provider shall notify users not to use, display, upload, modify, publish, transmit, update, share or store any information that:
(a) belongs to another person;
(b) is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, pedophilic, libelous, Draft rule under Section 79 Verification of the terms and conditions of use of the e-Procurement System, user agreement, privacy policy, and other notifications as mentioned, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) discloses sensitive personal information of other person or to which the user does not have any right to;
(g) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonate another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
2.The Service Provider shall not itself host or publish or edit or store any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information contained in the transmission as specified in (ii) above.
iii) The Service Provider shall inform its users that in case of non-compliance with terms of use of the services and privacy policy provided by the Service Provider, it has the right to immediately terminate the access rights of the users to the e-Procurement System.
iv) The Service Provider shall publish on the e-Procurement website about the designated agent to receive notification of claimed infringements.
1.The said agreement is made under and shall be interpreted and governed by the laws applicable in India. The parties irrevocably agree that the courts of Bangalore 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 Bangalore, irrespective of whether Courts/Tribunals in other areas have concurrent or similar jurisdiction.
2.Service Provider reserves the right to initiate any legal action against those bidders violating all the above mentioned terms & conditions of this agreement.
User must not disclose any sensitive information such as user id and password details over telephone or by any other means to any person. Service provider does not ask for aforesaid information over phone including the bank details and credit card/ debit card details. If any person impersonating as representative of service provider is asking this information from you do not disclose any such information and immediately notify details of any such person to our helpline numbers and email us.
eWizard - Ver 1.0 dt 30-04-2019