END USER LICENCE TERMS(EULT)
Welcome to SIDBI’s Platform known as “UdyamiMitra Platform”. Your use of the Portal
and related tools is governed by the following terms and conditions (User is referred
to as “You”, “Your” or the “User”
as the context may necessitate) and SIDBI as“Us”, “We”,
“Our” or “Portal” ).
The Portal is an initiative to to generate gainful employment at grass root level
and to prevent migration of rural folk to urban areas on voluntary basis to various
players, individuals and other organizations formed and functioning in MSME Eco
System as per the laws applicable in India and is open for access to such users
purely for business purposes only and on the terms and conditions as enumerated
hereinafter, within the ambit of law of Republic of India and subject to jurisdiction
of Courts in India.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! AND PAY ATTENTION TO PROVISIONS
THAT RELATES TO USE OF INFORMATION, EXCLUDE OR LIMIT LIABILITY, DISCLAIMER AND TERMS
OF GOVERNING LAW AND JURISDICTION.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE
The Service will be offered free-of-charge for an unspecified time period unless
terminated in accordance with these terms.
The Service will have the following core features (which may be added to or modified,
or suspended for scheduled or unscheduled maintenance purposes, from time to time
at the sole discretion of SIDBI and notified to you) ("Free Member Benefits"):
Enterprise / Entrepreneur Profile - allows them to post & edit profile of their
enterprise or business or establishment / their application for financial assistance/Projections/
supporting documents/financial statements etc.
Bankers Profile - to display and edit basic information about its business, financial
and other related products and services offered, etc.
Guarantee Corporations- to display and edit basic information about its business,
and other related products and services offered, etc.
Other Agency- to display and edit details of their services in the specified areas
of expertise and fee charges, if any, therefore,
- "SIDBIUdyamiMitra" or” SIDBIUdyamiMitra service” means the features and services
made available, including through website at www.udyamimitra.in and any other SIDBI branded
or co-branded websites (including sub-domains, international versions, widgets,
and mobile versions); (b) our Platform; (c) devices, or networks now existing or
later developed. SIDBI reserves the right to designate, in its sole discretion,
that certain of our other services are governed by separate terms and not this EULT.
- "Platform" means a set of APIs and services (such as content) that enable others
Participants, including application developers and website operators, to retrieve
- "Information" means facts, figures, data, statement, assertions, suggestions, documents,
and other contents whatsoever provided by the User/Participants, including actions
taken by users and non-users who interact through the Portal.
- "Content" we mean anything you or other users post, provide or share using the Portal
- "Data" or "user data" or "user's data" means any data, including a user's content
or information that we or third parties can retrieve from the Portal.
- "Post" means post on or otherwise make available the contents by using the Portal.
- “Members/Participants” means persons accessing the website of UdyamiMitra and shall
include its registered members and participants.
- "Use" means use, copy, display, distribute, transmit, modify, translate, and create
other applications use of the contents.
- “SIDBI” means Small Industries Development Bank of India.
These are the terms and conditions governing your use of the Portal. By accessing
‘UdyamiMitra’ portal you acknowledge, accept and agree to the following terms including
the Privacy Terms. You also acknowledge and agree that the terms and conditions
may be amended / modified at any time by the portal. By continuing to use the services
on the portal, you agree that the amended/modified terms will also apply to you.
2.ELIGIBILITY TO USE
- Use of the Portal is available only to persons who have attained the age of majority
and can form legally binding contracts as per the applicable laws of Republic of
- SIDBI reserves the right to terminate your registration and / or refuse to provide
you with access to the Portal if it is discovered that you have not attained majority
as per the applicable laws.
- However, if you access, either by registration on the Portal or by any other means,
not as an individual but on behalf of a legal entity, you represent that you are
fully authorized to do so and the listing, posting or information placed on the
Portal on behalf of the legal entity is your responsibility and you agree to be
accountable for the same to other users of the Portal.
- You must not access the Portal or accept these Terms if you are a person who is
either barred or otherwise legally prohibited from providing or receiving or using
the Service or setting up any business entity within India or carrying out any commercial
or other activities in India under the laws of India or of the country in which
you are resident or from which you access or use the Portal.
- You represents, warrants and agrees that with regards to information about or posted
on behalf of any business/enterprise/entrepreneur or other bodies, you have obtained
all necessary consents, approvals and waivers from its owners/partners and associates
to (a) act as such Member's representative; (b) to post and publish their contact
details and information, reference letters and comments on their behalf; and (c)
that third parties may contact such Member.
3.DESCRIPTION OF SERVICE
- ‘UdyamiMitra’’ (The Platform) aims to encourage setting up of Greenfield Enterprises
in micro, small sector India and to nurture and develop these entrepreneurs to stand
up on their feet and help in creating additional employment opportunities.
- By providing a virtual place for effective and a secure communication between the
Registered Users such as potential entrepreneurs, Banks/NBFC/Financial Institutions/Guarantee
Agencies/and other Professional and Voluntary Agencies working in the field of Micro
and Small Enterprise Eco System. Registered users can interact with each other for
the purpose of evaluating a potential business relationship, of the entrepreneur
and his enterprise, providing financial assistance for setting up of the enterprise.
- You agree that the portal envisages to establish a digital platform to support enterprises
promotion including entrepreneurs from SC, ST and Women Category through [i] Handholding
support [ii] Financial assistance and [iii] Credit Guarantee to enable potential
entrepreneurs to navigate through the interactive portal for non financial services
such as training, skill development programs, mentorship, guidance etc. or apply
for bank loans directly, view and track the loan applications to banks anytime,
The portal also intends to provide linkages to Central and State SC/ST Corporations,
Industry Associates of SC/ ST and Women entrepreneurs etc. Although SIDBI shall
take all reasonable care to maintain sanctivity of the information and data provided
on the website, however, since the process involves participation of various agencies
involved, the sharing of information with such agencies is envisaged. In the process
if any information is passed on either knowingly or unknowingly by any of the agencies
involved in the process SIDBI shall not be responsible for the same.
- You agree that SIDBI does not assume any onus/ responsibility for arranging any
of the services offered by the Members/Users. The services offered by the Participants
would be as per the terms and conditions settled between the respective parties
and SIDBI does not assume any responsibility in that regard. Parties are advised
to carry out their own due diligence and assessment before entering into any obligation
based on the information available on the Platform.
- You understand and agree that when you register with the Platform and/or provide
information /post contents/data/applications/and other information/documents either
about enterprise/entrepreneur/ Bank/FIs/NBFC and other Service Providers etc. such
information/contents/data/ applications/documents etc. may travel to and may be
accessed and used by the Participants and other users and applied in assessing/
carrying out due diligence/ appraisal/ evaluation /rating etc. of enterprises. By
posting such information/contents/data/ applications/documents etc. on the Website/Portal
you agree for such transmission and use of information/contents/data/ applications/documents
etc by third parties. SIDBI or any of its agency/ associate will not have any control
over usage and further sharing of such information/contents/data/ applications/documents
etc. by such third parties and thereby does not assume any responsible with regard
to safety, transmission, Transfer and usage of such information/contents/data/ applications/documents
etc. in the hands of any third party.
- You understand that SIDBI does not control, and is not responsible for ads, directory
information, business listings/information, messages between users, including without
limitation e-mails sent from outside SIDBI’s domain or other means of electronic
communication, whether through the Portal or another Third Party Website or offerings,
comments, user postings, files, images, photos, video, business listings/information
and directory information or any other material made available through the Portal
and the Service
- By using the Portal and the Service, you may be exposed to Content that could be
inaccurate, misleading, or otherwise objectionable. You are cautioned and you acknowledge
and agree that you are responsible for and must evaluate and satisfy yourself and
bear all risks associated with, the use of any Content, that you may not rely on
said Content, and that under no circumstances will SIDBI be liable in any way for
the Content or for any loss or damage of any kind incurred as a result of the browsing,
using or reading any Content listed, e-mailed or otherwise made available through
- You acknowledge and agree that SIDBI cannot and does not pre-screen or approve any
Content, but that SIDBI has the right, in its sole and absolute discretion, to refuse,
delete or move any Content that is or may be available through the Platform, for
violating these Terms and such violation being brought to SIDBI’s knowledge or for
any other reason or no reason at all. Furthermore, the Portal and Content available
through the Portal may contain links to other third party websites, which are completely
unrelated to SIDBI. If you link to Third Party Websites, you may be subject to those
Third Party Websites’ terms and conditions and other policies. Please satisfy yourself
about such site before accessing them. SIDBI makes no representation or guarantee
as to the accuracy or authenticity of the information contained in any such Third
Party Website, and your linking to any other websites is completely at your own
risk and SIDBI disclaims all liability thereto.
- SIDBI does not endorse any Content or any opinion, statement, recommendation, or
advice expressed therein in such websites and also the information, contents, claims
etc placed/made by the user of their portal and SIDBI expressly disclaims any and
all liability in connection with user Content. SIDBI does not permit copyright infringing
activities and infringement of intellectual property rights on the Portal, and SIDBI
may, at its sole discretion, remove any infringing Content if properly notified
in accordance with applicable law that such Content infringes on another's intellectual
property rights. SIDBI reserves the right to remove any Content without prior notice.
SIDBI may also terminate a user's access to the Portal, if they are determined to
be a Repeat Infringer or found to be indulging in any act contrary to these Terms.
Further, at its sole discretion, SIDBI reserves the right to decide whether any
Content is appropriate and complies with these Terms.
- The portal may provide a video service wherein videos and photographs of your venture
and developments related to the functioning of the venture can be posted and uploaded.
By uploading these photographs/videos, you irrevocably consent to the use of your
photographs/videos for this service and represent and warrant that you have all
right, title and interest necessary to upload and use the photographs on this service.
Under this service, using a third party application or service, SIDBI may, at its
discretion, create a video of your photographs, upload the video via any third party
service provider, as determined by SIDBI at its discretion, and embed the video
into your ad on SIDBI.
- We act as a venue to allow users who comply with these Terms to provide connect
among all the stakeholders listed on the Portal. Although you may be able to conduct
payment and other transactions through the Portal, using third-party vendors, such
transaction(s) shall be independent transactions by and between user(s) as per their
own violation and risk, the Portal is not in any way involved in such transactions.
You hereby acknowledge and agree that SIDBI is not a party to such transactions,
has no control over any element of such transactions, and shall have no liability
to any party in connection with such transactions.
- The User remains the owner of the contents or material (“User Content”) posted or
displayed any information provided on the Portal with related applicable obligations
and compliances under the applicable law. However, by providing any User Content
to Portal or our representative(s), you grant an irrevocable, perpetual, worldwide,
royalty-free, license to display, transmit, distribute, reproduce, publish, duplicate,
adapt, modify, translate, create derivative works, and otherwise use any or all
of the User Content in any form, media, or technology in any manner and for any
purpose which may be beneficial to the operation of the services/ Portal and/or
the business of the User. You confirm and warrant to the Portal that you have all
the rights, power and authority necessary to grant the above license.
- You are hereby made aware that there may be risks of dealing with people acting
under false pretences. Portal cannot and does not confirm each User's purported
identity (including, without limitation, paying Members). You are cautioned to verify
the User contents and claims and representation made by other user on the Portal
before entering into any further relationship/transaction based on such contents
and information. You acknowledge by using the site and the contents you are assuming
the risks of conducting any transactions in connection therewith. Such risks shall
include, but are not limited to, mis-representation of products and services, fraudulent
schemes, unlawful products, delay or default in delivery or payment, breach of contract
etc. The Contents or the links may violate or may be asserted to violate Third Party
Rights, and the risk that User may incur costs of defense or other costs in connection
with third parties’ assertion of Third Party Rights, or in connection with any claims
by any party that they are entitled to defense. You agree that the Portal or SIDBI
shall not be liable or responsible for any damages, claims, liabilities, costs,
harms, inconveniences, business disruptions or expenditures of any kind that may
arise a result of or in connection with any Transaction Risks. Users are solely
responsible for all of the terms and conditions of the transactions conducted on,
through or as a result of use of the Sites or Services, including, without limitation,
compliance of related obligation/rights/ compliance with related legal obligations
- User agrees to provide all information and materials as may be reasonably required
by the Portal in connection with your transactions conducted on, through or as a
result of use of the Sites or Services. We reserve right to suspend or terminate
any User’s account if the User fails to provide the required information and materials.
- The Portal or SIDBI and you are independent parties, contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by the Terms.
- SIDBI/Portal may engage /employ services of its associates/ third party(ies) in
operation and maintenance of the site, and such third party may have access to the
information provided by the User to the Portal in connection with its registration
or otherwise, the User give consents for such third party service provider/ manager
- Each Member/Participants hereby represents, warrants and agrees to (a) provide true,
accurate, current and complete information about itself and its business references
as may be required and (b) maintain and promptly amend all information to keep it
true, accurate, current and complete.
- Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free,
sub-licensable (through multiple tiers) license to Portal to display and use all
information provided by such Member in accordance with the purposes set forth in
these Terms and to exercise the copyright, publicity, and database rights you have
in such material or information, in any media now known or not currently known.
- Each Member hereby represents, warrants and agrees that the use by such Member of
the Service and the Site shall not:
contain fraudulent information or make fraudulent offers or involve any activity
prohibited under the Indian law, or otherwise promote other illegal activities;
be part of a scheme to defraud other Members or other users of the Site or for any
other unlawful purpose;
infringe or otherwise abet or encourage the infringement or violation of any third
party's copyright, patent, trademarks, trade secret or other proprietary right or
rights of publicity and privacy or other legitimate rights;
impersonate any person or entity, misrepresent yourself or your affiliation with
any person or entity;
violate any applicable law, statute, ordinance or regulation (including without
limitation those governing setting up of enterprise in India, consumer protection,
unfair competition, anti-discrimination or false advertising);
contain information that is defamatory, libelous, unlawfully threatening or unlawfully
contain information that is obscene or contain or infer any pornography or sex-related
content or otherwise promotes sexually explicit materials or is otherwise harmful
promote discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
contain any material that constitutes unauthorized advertising or harassment (including
but not limited to spamming), invades anyone's privacy or encourages conduct that
would constitute a criminal offence, give rise to civil liability, or otherwise
violate any law or regulation;
involve attempts to copy, reproduce, exploit or expropriate SIDBI/ Portal’s/website’s
various proprietary directories, databases and listings;
involve any computer viruses or other destructive devices and codes that have the
effect of damaging, interfering with, intercepting or expropriating any software
or hardware system, data or personal information; and
involve any scheme to undermine the integrity of the computer systems or networks
used by the website/Portal/ or SIDBI and/or any user of the Service and no Member
shall attempt to gain unauthorized access to such computer systems or networks;
link directly or indirectly to or include descriptions of goods or services or other
materials that violate any law or regulation or are prohibited under these Terms
otherwise create any liability for SIDBI/website/Portal or its affiliates.
- Each of the Member hereby assure that that it shall:
- carry on your activities on the Portal in compliance with any applicable laws and
regulations; and conduct your transactions with other users of the Sites in good
faith; and carry on your activities in accordance with the Terms and any applicable
- use the data posted by the entrepreneurs/participants and accessed through the Portal
only for the limited purpose for providing the services as requested by the Participant(s)
and the members shall be solely responsible for the safety, protection and integrity
of such data and be subject to liability and responsibility attached therewith and
also subject to all the obligations as enumerated in clause 7.
- not use the Services or Sites to defraud any person or entity and shall not impersonate
any person or entity, misrepresent yourself or your affiliation with any person
or entity; not engage in spamming or phishing; not engage in any other unlawful
activities (including without limitation those which would constitute a criminal
offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate various proprietary
directories, databases and listings on the Portal.
- not involve any computer viruses or other destructive devices and codes that have
the effect of damaging, interfering with, intercepting or expropriating any software
or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks
used by the Portal and/or any user of the Sites or gain unauthorized access to such
data, systems or networks; not undertake any action to undermine the integrity of
the computer systems or networks of the Portal and/or any other User/link websites
nor to gain unauthorized access to such computer systems or networks.
- not undertake any action which may undermine the integrity of the Portal’s feedback
- not undertake any action which may undermine the integrity of the Portal’s feedback
- violates any law or regulation;
- shall not post any contents which is
- copyrighted or patented, protected by trade secret or trademark, or otherwise subject
to third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission or a license from their rightful
owner to post the material and to grant SIDBI all of the license rights granted
- infringes any of the foregoing intellectual property rights of any party, or is
Content that you do not have a right to make available under any law, regulation,
contractual or fiduciary relationship(s);
- is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy or
other rights, hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering or illegal gambling or harms or could harm minors
in any way or otherwise unlawful in any manner whatsoever;
- harasses, degrades, intimidates or is hateful towards any individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- violate any equal employment laws, including but not limited to those prohibiting
the stating, in any advertisement for employment, a preference or requirement based
on race, colour, religion, sex, national origin, age, or disability of the applicant.
- 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;
- includes personal or identifying information about another person without that person's
explicit consent; impersonates any person or entity, including, but not limited
to, a SIDBI employee, or falsely states or otherwise misrepresents an affiliation
with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
- constitutes or contains any form of advertising or solicitation if:
- posted in areas or categories of the Portal which are not designated for such purposes;
- e-mailed to SIDBI users who have requested not to be contacted about other services,
products or commercial interests;
- includes links to commercial services or Third Party Website,except as specifically
allowed by SIDBI;
- contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment or any other computer resource;
- Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with
anyone for any commercial purpose, specifically, contact any user to post advertisement
on a third party Website or post any advertisement on behalf of such user; or harass
- make any libellous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download or scrape data from the Service, except for internet search
engines and non-commercial public archives that comply with our robots.txt file;
- attempt to gain unauthorized access to computer systems owned or controlled by SIDBI
or engage in any activity that disrupts, diminishes the quality of, interferes with
the performance of, or impairs the functionality of, the Service or the Portal.
- use any form of automated device or computer program that enables the use of SIDBI's
flagging system or other community control systems without each flag being manually
entered by a human that initiates the flag or use any such flagging tool to remove
posts of competitors, other third parties or to remove posts without a reasonable
good faith belief that the post being flagged violates these Terms or any applicable
law or regulation.
- use any automated device or software that enables the submission of automatic postings
on SIDBI without human intervention or authorship including without limitation,
the use of any such automated posting device in connection with bulk postings, or
for automatic submission of postings at certain times or intervals; or
- Any Content uploaded by you shall be subject to relevant laws and may be disabled,
or and may be subject to investigation under appropriate laws. Furthermore, if you
are found to be in non-compliance with the laws and regulations, these terms, or
to the Portal and we reserve the right to remove any non-compliant Content uploaded
- DEALING WITH ORGANISATION AND INDIVIDUALS
You acknowledge and agree that SIDBI/ Portal shall not be liable for your interactions
with any organizations and/or individuals on the Portal or through the Service.
This includes, but is not limited to rating of the enterprise, grant of financial
assistance, disbursement out of the financial assistance sanctioned, compliance
of any terms and conditions of any agreement/undertaking/ assurance/ charges paid/collected/
payment of applicable taxes on the transactions and or any other terms, conditions,
warranties or representations associated with any interaction you may have with
other organizations and/or individuals. These dealings are solely between you and
such organizations and/or individuals. You agree and acknowledge that SIDBI shall
not be responsible or liable for any such assurances, loss or damage of any sort
incurred as the result of any such dealings or interactions. If there is a dispute
between participants on the Portal, or between users and any third party, you understand
and agree that SIDBI is under no obligation to become involved in such dispute.
In the event that you have a dispute with one or more other users, you hereby release
SIDBI, its officers, employees, agents and successors from any and all claims, demands
and damages (actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or our Service.
- PRIVACY TERMS
- Registration And Security
You shall provide correct and updated registration or account information about
yourself and/or your organization and will not create an account for anyone other
than yourself without the third party’s explicit permission. You will not share
your password with anyone or do anything that would put the security of your account
in danger. You may access some areas of our Portal(s) without registering to the
Portal(s). If you choose to register you will need to provide a username and password
as well as other information that is part of our registration process. We have the
right to cancel any account at any time if we believe you are not in compliance
with any or all of the terms.
During your registration you will set your account access login and password. You
are responsible for maintaining the confidentiality of this information and are
responsible for any and all activities and postings that are made using your account.
Please notify SIDBI immediately if you suspect that an unauthorized person has accessed
your account. Should you misplace or forget your password, please click on forgot
password link. If you continue to have problems, please contact our technical support
staff at email@example.com.
- Types Of Information Collected
When you visit the Portal, we may collect certain non-personal information such
as your Internet Protocol (IP) address, operating system, browser type, and Internet
service provider. This type of information does not identify you personally. When
you register with the Portal or respond to advertisements/posts/ offers or posts
on the Portal or post contents on the Portal without registering, we may also collect
personal information that you provide such as your name, mailing address, email
address, phone/mobile number, home country, and zip code ("Registration Information").
You have the option of also providing to us your fax numbers, gender, age, and/or
company name if you choose to register with SIDBI/Portal. Further, if you have provided
your phone number using your account, you agree to receive communications on the
provided phone number from our side or any third party which may include but not
be limited to automated calls or text messages. By using this Portal or the Service,
you consent to collection, storage, and use of the personal information you provide
for any of the services that we offer, and you consent to our collection of any
changes or updates that you may provide to any information you provide that is collected
- Collected Data
All data whether collected automatically while you used SIDBI service or provided
otherwise by you with an intention to use the service, including all communication
with SIDBI, including its employees, officers and associated third parties SHALL
BE AT THE SOLE DISPOSAL OF SIDBI. Discontinuation of services either by you or from
us, whether after use or due to disagreement with any conditions or changes in these
Terms; will not result in any change of such authority of SIDBI about usage of data
and the data thus collected will continue to be at sole disposal of SIDBI.
- How Your Information Is Used
user activity, such as keyword searches or new postings, and more effectively manage
traffic on the Portal; (ii) provide reference to other Participants/Users/Non Users
as per your request; (iii) provide customer services, create and manage user accounts;
and (iv) assist you with technical difficulties. Also, we may share with third-party
service providers certain information, such as your browser capabilities or operating
system that we have collected in order to better understand which services may interest
you. We may block users located in certain countries from using the Portal. We may
retain such information for as long as is required to fulfill our business objective,
even after your account is terminated.
- Protecting Your Personal Information
You are a valued customer, and we recognize that protecting your privacy is important
to you. For this reason, we are committed to protecting the personal information
you provide in a variety of ways. Your Registration Information may be protected
by a unique customer password and user ID. You should not disclose your password
information to anyone and you should always remember to log off if using a shared
computer. We have taken certain security protections in safeguarding your personal
information. While we strive to use a commercially acceptable means to protect the
personal information you provide, we cannot guarantee its security. Therefore, you
acknowledge and agree that we assume no liability regarding the theft, loss, alteration
or misuse of personal or other information or Content, including, without limitation,
such information that has been provided to third parties or other users, or with
regards to the failure of a third party to abide by the agreement between us and
such third party. You agree that you are responsible for maintaining the confidentiality
of your username and password, and all uses of your account, whether or not you
have authorized such use.
information, and language selection. Cookies may be used whether you register with
us or not. "Cookies" are small text files transferred by a web server to your hard
drive and thereafter stored on your computer. The types of information a cookie
collects include the date and time you visited, your browsing history, your preferences,
on the Portal. We cannot control or access cookies used by third- party service
providers. These Terms covers only Cookies used by us, and not any cookies used
on your computer, whether you are registered with us or not. Typically, you can
may limit your access to certain features of the Portal.
The information / data collected from you may be shared or disclosed without obtaining
your prior written consent if such disclosure is mandated under the law by the concerned
authorities for the purpose of verification of identity or prevention, detection,
investigation, prosecution or punishment of offences. Such seeking of information
shall be entertained upon a written request from the concerned governmental agency
or an order under the law.
- INTELLECTUAL PROPERTY
This Portal is operated by and is the sole property of SIDBI. Any and all material
on this Portal, including images, illustrations, audio and video clips are protected
by copyrights, trademarks, and other intellectual property rights that are owned
by Us or by other parties that have licensed such material to Us, or such parties
having ownership of content uploaded on the Portal. You agree that any and all material
displayed on the Portal is solely for Your personal use and You shall not, whether
directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute
such material in any manner and through any media including by way of e-mail or
other electronic means and You shall not assist any other person in doing so. Modification
of the said materials or use of the materials on any other Portal or networked computer
environment or use of the materials for any purpose other than personal use is a
violation of the said copyrights, trademarks and other intellectual proprietary
rights, and is expressly prohibited.
- DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
- SIDBI does not endorse or act on behalf of any Participant/Member/Third party. In
the event You engage the services of / interact with any third party, through the
Portal, SIDBI will not be liable to You for any act or omission by such third party
in relation thereto.
- We hereby expressly disclaim all warranties and representations of any kind with
respect to any and all content and features available on the Portal, including but
not limited to (a) warranties as to merchantability or use for a particular purpose
whether or not SIDBI knows or has reason to know or has been advised of any such
purpose or (b) warranties as to any results to be obtained from any use of the SIDBI
content or information derived from use of the Portal.
- You agree not to hold SIDBI or any of its officers, employees, agents responsible
or accountable for any of your listing, postings or information and nor shall we,
our officers, employees or agents be liable for any misuse, illegal activity or
third party content as most postings, listings or information are generated by various
users directly and we do not have any role in the creation, publication or distribution
of the posting, listing or information, nor are we in a position to have editorial
control over the substance or content contained in the listings, postings, or information.
- You understand and agree that we do not guarantee the accuracy or legitimacy of
any listing, posting, and information by other users. You further agree that we
are not liable for any loss of money, goodwill, or reputation, or any special, indirect,
or consequential damages arising out of your use of the Portal or as a result of
any transaction related to services with other users of the Portal. We also cannot
guarantee continuous or secure access to our Services. Accordingly, to the extent
legally permitted we exclude all implied warranties of the Portal and our services.
- Under no circumstances shall SIDBI/Portal be held liable for an delay or failure
or disruption of the Service resulting directly or indirectly from acts of nature,
forces or causes beyond its reasonable control, including without limitation, Internet
failures, computer, telecommunications or any other equipment failures, electrical
power failures, strikes, labor disputes, riots, insurrections, civil disturbances,
fires, flood, storms, explosions, Acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals or non-performance of third parties.
- Portal shall not be liable for any special, direct, indirect, punitive, incidental
or consequential damages or any damages whatsoever (including but not limited to
damages for loss of profits or savings, business interruption, loss of information),
whether in contract, negligence, tort or otherwise or any other damages resulting
from the use or the inability to use the Service; any services obtained from a Member
or a third-party service provider through the Site; unauthorized access by third
parties to data or private information of any Member; statements or conduct of any
user of the Site; or any other matter relating to the Service however arising, including
SIDBI reserves the right to suspend or terminate these Terms of Service and/or any
User’s access to the ‘UdyamiMitra’ Platform at any time and without notice in it
The User agrees to indemnify and hold SIDBI, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable attorney fees
and court costs, made by any third party due to or arising out of content submitted
by the user, users use of the service, violation of the EULT, breach by the user
of any of the representations and warranties herein, or user’s violation of any
rights of another breach of any duty/provision of law/third party rights/protection/privileges
- GOVERNING LAW AND JURISDICTION
These Terms shall be construed in accord with the applicable laws of India. In the
event of any dispute or difference either in interpretation or otherwise, of any
provisions of these Terms, the same shall be referred to an independent arbitrator
who will be appointed by us and his decision shall be final and binding on you.
The above arbitration shall be in accordance with the arbitration laws of India.
The arbitration proceedings shall be in English and will be held at Mumbai.
- MODIFICATION OF TERMS
We reserve the right at any time and from time to time, in Our sole discretion,
to modify the content on the Portal or any part thereof, including the transmission
of any related materials or documentation, with or without providing prior notice
to You. We further reserve the right at any time and from time to time, at Our sole
discretion, to alter, modify or terminate any content or features contained on the
Portal without providing to You prior notice of such alteration, modification or
termination. You agree that SIDBI shall not be liable to You or to any third party
claiming through You, for any modification of the content or features provided on
- ENTIRE TERMS
These Terms of Service, together with the Privacy Notice and any other legal notices
published by SIDBI on the ‘UdyamiMitra’’ Platform, shall constitute the entire
agreement between you and SIDBI concerning the ‘UdyamiMitra’Platform. If any provision
of these Terms of Service is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and SIDBI’s failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such right
or provision. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
- SIDBI is the sole owner or lawful licensee of all the rights and interests in the
Sites and the Site Content. All title, ownership and intellectual property rights
in the Sites and Site Content shall remain with SIDBI, our affiliates or licensors
of the Site Content, as the case may be. All rights not otherwise claimed under
the Terms or by the Portal/SIDBI are hereby reserved.
- SIDBI shall have the right to assign any of its rights/obligations under these terms
(including all of its rights, titles, benefits, interests, and obligations and duties
under these Terms) to any person or entity (including any its affiliates). The Member
may not assign, in whole or part, to any person or entity.
- ‘SIDBI’, ‘UdyamiMitra’ and related icons and logos are proprietary
trademarks or trademarks or service marks of SIDBI and are protected under applicable
copyright, trademark and other proprietary rights laws. Any unauthorized copying,
modification, use, reproduction or publication of these marks is strictly prohibited.