BIZONGO NEXT – PURCHASE TERMS AND CONDITIONS  

The provisions of these terms and conditions (“Terms”) govern the supply of products by you or the entity you represent (the ‘’Partner’’) to Smartpaddle Technology Private Limited ("Company”). These Terms shall be read in conjunction with the general terms and conditions at https://www.bizongo.com/terms-and-conditions ("General Terms”) and in the event of any conflict between the General Terms and these Terms, the provisions of these Terms shall supersede and prevail. 

The Company and the Partner are collectively referred to as the “Parties” or individually as a “Party”, as the context may require. 

IT IS HEREBY AGREED AS FOLLOWS: 

  1.  Term

This Agreement shall be effective on and from the date of registration of the Partner on the website of the Company, i.e. https://next.bizongo.com (“Portal”), and shall remain valid unless otherwise terminated earlier in accordance with Clause 18 (“Termination and effects of termination”). 

  1. Supply of Products. 
  1. During the Term, the Partner shall supply products of such nature, description of which shall be specified in the relevant Purchase Orders (“Products”), to the Company, and the Company shall purchase the Products in accordance with the terms and conditions set forth in this Agreement and the respective Purchase Order(s).  
  1. The Partner shall, at the time of entering into this Agreement, create a virtual account on the Portal. The Partner shall have the right to access its virtual account on the Portal from time to time, which shall give the Partner access to the Purchase Order(s) issued by the Company, order tracking, dispatch & delivery timelines, packaging specifications, invoice tracking, and such other relevant information/ documents (“Partner Dashboard”). Further, the Partner shall provide relevant information/ upload documents on the Partner Dashboard, as may be required from time to time.  
  1. Purchase Orders: 
  1. During the Term, the Company shall place orders (each a “Purchase Order”) with the Partner for the supply of Products. The Purchase Order shall contain details with respect to the description and specifications of the Products, including but not limited to the delivery models, delivery locations, and the timelines for delivery of the Products. 
  1. Each Purchase Order raised by the Company shall be available for access by the Partner on the Partner Dashboard. 
  1. Within two (2) working days from the date on which the Company uploads the Purchase Order on the Partner Dashboard, the Partner shall communicate: 
  1. its acceptance of the Purchase Order, or 
  2. partial acceptance of the Purchase Order, subject to variation in terms and/or contents thereof
  3. rejection of the same on the Partner Dashboard.  
  1. A Purchase Order shall be deemed to be accepted by a Partner only upon issuance of an explicit acceptance in accordance with provisions of Clause 2.3(c) above within the timelines prescribed therein.
  1. If the Partner fails to communicate its acceptance in terms of Clause 2.3 (c) above, the Purchase Order or the modified Purchase Order, as the case may be, shall be deemed to be rejected by the Partner, unless otherwise notified by the Company on the Partner Dashboard.  
  1. Either Party shall be entitled to request for a variation in the Purchase Order no later than two (2) days of the Purchase Order being accepted by the Partner. In the event a Party requests for a variation in the Purchase Order, the other Party shall communicate the acceptance or rejection of such request within two (2) working days of receipt of such request.  Provided that irrespective of placing of the Purchase Order by the Company and acceptance thereof by the Partner, the Company shall be entitled to reject the invoices/ proforma invoices raised by the Partner in terms of Clause 3.4 of this Agreement. 
  1. In case of rejection of the Purchase Order by the Partner or, rejection of the modification to the Purchase Order by the Company, as the case may be, in accordance with the terms of this Agreement, the particular Purchase Order shall stand cancelled, and no rights and obligations in relation to the same shall subsist in favour of either Party.  
  1. In the event of any conflict arising between the provisions of this Agreement and the Purchase Orders, the provisions of the Agreement shall prevail.   

2.5. Delivery Timelines and Lead Time

  1. The Partner hereby acknowledges that time is of essence in the performance of the obligations of the Partner under this Agreement and the Purchase Order(s). The Partner shall adhere to all the timelines as provided in the Purchase Order, including but not limited to the lead time as set out in the Purchase Order/ on the Partner Dashboard.  
  1. The Partner agrees not to ship any Products without the acceptance of the invoice by the Company. The Partner further agrees that the Company shall have the right to reject any invoice raised by it at its sole discretion. 
  1. In the event of a delay in delivery of the Products, the Company reserves the right to (i) cancel the relevant Purchase Order, in which case the Partner shall be liable to compensate the Company for any costs which may be incurred by the Company on account of such cancellation; or (ii) accept the relevant Purchase Order, and impose penalties on the Partner, as more particularly set forth in the Purchase Order/ on the Partner Dashboard.  

2.6. Packaging Requirements: 

  1. All Products to be delivered by the Partner, shall be appropriately packaged for delivery to the location(s)/ address(es) as set out in the relevant Purchase Order (“Delivery Destination”), in accordance with the instructions provided by the Company. 
  1. The Partner shall ensure that the packaging and labels for supply of the Products under this Agreement are in accordance with the specifications provided by the Company.  
  1. In the event of any damage caused to the Products during transportation on account of inadequate/ inappropriate packaging, the Partner shall be responsible for making good such damage and any ancillary costs associated therewith.    

2.7. Quality Check: 

  1. Upon delivery of the Products at the Delivery Destination, the Company shall arrange for an inspection of the Products, either themselves or through a third party appointed by the Company, to assess conformance of the Products with the specifications, and/or shortages, and/or defects communicated by the Company to the Partner in the relevant Purchase Order. In case of inspection by any third-party, the ownership of the Products shall be deemed to pass from the Partner to the Company, only upon the Company receiving written confirmation of acceptance of the Products by such third-party. Until the Partner receives written confirmation of acceptance of the Products from the Company, the title of the Products shall continue to remain with the Partner. 
  1. The Parties agree that upon delivery of the Products, the Partner shall provide to the Company, a duly executed declaration stating that the Partner has complied with all the specifications as set forth in the relevant Purchase Order. 

2.8. Rejection and Returns: 

  1. In case of any defect or fault in the Products, including but not limited to any deviation from the specifications, supplied by the Partner to the Company, the Company shall have the right to return each such defective/ faulty Product to the Partner. The Company shall notify the Partner of such defect or fault, in writing. Upon, receipt of such notification, the Partner shall arrange for a (i) replacement, at the sole cost of the Partner; or (ii) refund of the Product, as notified by the Company. The replacement/ refund of the defective/ faulty Products shall be initiated by the Partner within a period of five (5) working days from the date of receipt of notification from the Company.  
  1. In the event that the Partner is obliged to refund the Company for the defective/ faulty Product in accordance with Clause 2.8 (a), the Partner shall compensate the Company with the cost of the Product, including but not limited to any applicable taxes paid and other expenses, if any.  
  1. The refund related costs and expenses of the Products may be provided to the Company in the following manner, at the discretion of the Company: 
  1. the total cost of the defective/ faulty Products returned and other expenses incurred, if any, shall be set off from the total cost of the Products accepted by the Company; or 
  1. the total cost of the defective/ faulty Products returned and other expenses incurred, if any, shall be refunded to the Company; or 
  1. the Partner shall provide a credit note equal to the total cost of the defective/ faulty Products returned and other expenses, if any, to the Company.   

2.9. Passing of Title and Risk

  1. In the event that the Partner is engaged in the final delivery of the Products to the Delivery Destination, the title and risk to the Products shall pass from the Partner to the Company, upon final delivery of the Products to the Delivery Destination.  
  1. In the event that the Partner is not engaged in the final delivery of the Products to the Delivery Destination, the title and risk to the Products shall pass from the Partner to the Company, upon the loading of Products in the vehicles specified by the Company. 
  1. Payment Terms. 
  1. The Company, under this Agreement, may make advance payments to the Partner of such amounts as communicated by the Company to the Partner. Such advance payment shall be made upon issuance of PO acceptance/ Invoice/proforma invoice by the Partner and all amounts due under the advance payment shall be liable to be adjusted against the amounts owed by Bizongo to the Partner. 
  1. The Partner shall raise on the Company, an invoice setting out the price for the Products, as agreed to in the Purchase Order (“Product Price”) withinsuch period as set out in the Purchase Order. The Partner shall ensure that the consignee shares with the Company original copies of Proof of Delivery, Goods Receipt Note and all other required supporting documents along with such invoice.   The Partner shall adjust the invoice amounts against the Advance received from the Company (“Adjustment”). The Company shall calculate such Adjustment and shall provide the Partner details of invoice amount outstanding after such Adjustment. In case the invoice amount is left outstanding after Adjustment, the Company shall make the payment of undisputed invoices raised by the Partner within three 3 Working Days from the date of receipt of original invoice ["Due Date”]. The payment shall be made by the Company only if it finds the invoice and all necessary the supporting documents correct in all respects. 
  1. In case of return of the Products by the Company to the Partner, due to any reason including but not limited to return of the Product by any Customer of the Company (‘’End Client(s)’’), deviation from specifications, deviation in quantity, quality of the Products as set out in POs, cancellation of POs by the Company, the Partner shall forthwith return any Advance money paid proportional to the Product Price set out in the disputed Purchase Order.  
  1. In case of any delay in the return of Advance by the Partner to the Company, the Company reserves the right to charge an interest @ 2% per month on the advance amount starting from 3rd day from which the advance so paid.  
  1. Notwithstanding anything contained herein, the Company shall reject the invoice in the event that (a) the product price specified in the invoice is more than the price agreed between the Parties in the Purchase Order; or (b) the invoice raised by the Partner is illegible; or (c) in case of delivery of Products undertaken by the Partner, the proof of delivery is not provided to the Company; and the Company shall not be liable to pay the Product Price in accordance with Clause 3.2.  
  1. It is agreed between the Parties, that notwithstanding anything else contained herein, in cases of uploading of invoices/proforma invoices pre-shipment, the Company shall have the right to accept or reject the order/invoice/proforma invoice within 7 (seven) working days from the date of uploading the same on the Portal. Only where the Company accepts the invoice/proforma invoice, shall the Partner ship the goods and Company become liable for payment as per the terms of this Agreement. In case of rejection of the invoice/ proforma invoice by the Company in terms of this Clause, the Purchase Order or the modified Purchase Order, as the case may be, shall be deemed to be rejected by the Company, unless otherwise notified by the Company on the Partner Dashboard. 
  1. Upon rejection of the invoice as set forth in Clause 3.5 and 3.6 above, the Partner shall be notified of the rejection on the Portal. 
  1. In case of rejection of invoice in terms of Clause 3.6 above, the Partner shall forthwith return any Advance money paid by the Company to the Partner. In case of any delay in the return of Advance by the Partner to the Company, the Company reserves the right to charge an interest of 2% per month. 

Tax obligations of the Partner 

  1. The Partner shall comply with all the compliance requirements under GST law (as may be amended from time to time). This shall include (but not limited to) the following:some text
    1. Issuing invoices/ debit notes/ revised invoices/ credit notes/Advance Receipt Vouchers as per the prescribed format, containing all the information as is required for the Company to avail input tax credit basis such invoices/ debit notes/ revised invoices;
    2. Delivering invoices to the Company within 2 (two) days from the date of the issuance of the invoice by the Partner either through electronic means or otherwise;
    3. Submitting periodic returns as per the GST laws within specified timelines with complete and correct details as may be prescribed;
    4. Depositing tax within the due dates as may be prescribed; 
    5. Issuing payment voucher in all cases where advance is paid by the Company. In case where such advance is refunded without any supply, appropriate refund voucher should be issued by the Partner at the time of receipt of advance or at the time of issue of such refund.
  1. If any amount of credit pertaining to the tax invoice issued by the Partner, refund or any other benefit is denied or delayed to the Company or any penal charge is imposed on the Company due to:some text
    1. any non-compliance by the Partner, including but not limited to failure to upload details of supply on GSTN portal, failure to pay GST to the Government; 
    2. non-furnishing or furnishing of incorrect or incomplete documents/ details/ information by the Partner.

then the Partner shall, at his own cost and effort, get the short comings rectified in the GST return within 30 (thirty) days of communication in writing. In case of failure to do so, the Partner shall be liable to reimburse the loss (including but not limited to input credit, interest and penalty thereon) which accrues to the Company on the aforesaid account. The Company shall be entitled to withhold the payment of all the subsequent invoices issued by the Partner to the extent of credit denied along with interest and penalty thereon. In a situation where there is no payment due by Company to the Partner, the Partner would reimburse the Company any loss incurred and the amount of input credit along with interest within 15 (fifteen) days’ time of the communication made by the Company in writing. 

  1. The Partner shall issue tax invoices as required under the applicable laws, including but not limited to the Central Goods and Service Tax Act, 2017. Further, for advances/ down payments, the Partner shall issue receipt vouchers in accordance with applicable laws, unless otherwise agreed between the Parties. 
  1. Right to Inspect, Audit and Accounts. 
  1. The Parties hereby agree that the Company shall have the right, but not an obligation, to carry out a process audit and/or audit to verify the compliance with respect to Clause 7, at the sole cost of the Company.] 
  1. The Parties hereby agree that the Company shall have the right to inspect the premises of the Partner, at any time, during the Term. 
  1. The Company shall intimate the Partner about conducting such an audit/ inspection, at least five (5) working days in advance.  
  1. Representations and Warranties. 
  1. Each Party hereby represents and warrants to the other that: 
  1. It has all full power and authority to execute and deliver this Agreement and to carry out the transactions contemplated hereunder;  
  1. this Agreement has been duly executed and delivered by the Parties and constitutes a valid and legally binding obligation and is enforceable against each Party in accordance with its terms;  
  1. all legal/ statutory formalities and approvals (if any) have been completed or obtained for consummation of the transactions contemplated by this Agreement; and 
  1. this Agreement does not contravene, or constitute a default under, any provision of applicable law, including but not limited to the laws in relation to anti-corruption and anti-bribery, or regulation or of any agreement, judgment, injunction, order, decree or other instrument binding upon each Party. 

5.2. The Partner hereby represents and warrants to the Company that: 

  1. it has the necessary skill, experience and resources to carry out its obligations under this Agreement; 
  1. there are no rights exercisable by or obligations owed to any third party which may prevent or restrict the Partner from fulfilling its obligations under this Agreement during the Term; 
  1. it shall pass to the Company clean and marketable title to each Product; 
  1. there are no commencement of bankruptcy, insolvency or similar proceedings, whether voluntary or involuntary, which are pending or has been pending, or is to the knowledge of the Partner, threatened; 
  1. there are no litigations, actions, claims, disputes or proceedings pending or threatened, which if decided adversely against the Partner would interfere with the performance of this Agreement; and 
  1. the Products shall be of quality as specified by the Company and free from any defect in material or composition.  
  1. Covenants. 
  1. The Partner acknowledges and agrees that it shall not, during the Term, supply products, which are same or similar to the Products, to any End Client.   
  2. The Partner shall be obligated to provide the Company with samples of the Products, as per the requirements and timeline communicated by the Company from time to time.  
  1. The Partner undertakes to perform its obligations under this Agreement and each applicable Purchase Order, throughout the Term, with all reasonable skill, care and diligence, in a timely and efficient manner, and in accordance with applicable law. 
  1. Compliance with laws. 
  1. The Partner hereby agrees to be in compliance, at all times during the Term, with all applicable laws in India, including but not limited to labour laws, child labour laws (including but not limited to the Convention No. 138 and 182 of the International Labour Organization), workmen/ employee health and safety laws and laws in relation to human rights protection, environmental protection, anti-corruption and antibribery. 
  1. The Partner shall implement and maintain such policies, as may be necessary to adhere to be in compliance with applicable laws as set forth in Clause 7.1. 
  1. Notwithstanding anything contained herein, any non-compliance by the Partner with the provisions of Clause 7.1 and 7.2 shall be construed as material breach of the Agreement, giving the Company the right to terminate this Agreement in accordance with Clause 18, and/or be indemnified in accordance with Clause 12. 
  1. Compliance with Legal Metrology Act, 2009 and other applicable laws. 
  1. The Company shall inform the Partner about the contents and specifications pertaining to the packaging, which are conformant with the Legal Metrology Act, 2009  and other applicable laws and as notified by the End Client(s) to the Company, from time to time, and the Partner shall be responsible to incorporate the same and will not be required to enquire into the correctness or validity of the such details, contents of mandatory panel/ label, specifications provided by the Company.  
  1. The Partner shall indemnify and keep indemnified the Company and the End Client, its directors, officers and employees harmless from and against, claims, suits, actions and proceedings, liabilities, losses, damages, costs and expenses of any kind (including but not limited to reasonable attorney’s fees) arising from the incorrect contents or specifications incorporated by the Partner leading to non-compliance with Legal Metrology Act, 2009, other applicable laws, and rules formed thereunder. 
  1. Intellectual Property Rights
  1. The Company or the End Client, as the case may be, shall at all times, retain and have sole and exclusive right and title to, ownership of, and interest in any intellectual property, specifications, information, documentation or data, including but not limited to any brand name or trademark, that is provided by the Company to the Partner for the purposes of supply of the Products under this Agreement and under each Purchase Order. 
  1. Subject to Clause 17, the Company on behalf of itself and the End Client hereby grants limited, non-exclusive and non-assignable right and license to use the Company’s and/or End Client’s name, logo and similar indicia on the Products and packaging thereof, solely for the purpose set out in this Agreement.  
  1. The Partner shall make prompt written disclosure to the Company of all ideas, inventions, information, improvements, derivatives, discoveries, writings, data, documents, notes, designs, drawings, other materials, and the like made or conceived, or actually or constructively developed, during the Term, whether solely or jointly with others, which refer to, or are suggested by, or result from the supply of the Products pursuant to this Agreement, or from any information provided by the Company or the End Client, and the foregoing shall be assigned to the Company. 
  1. The provisions of this Clause will survive the expiry or early termination of this Agreement. 
  1. Data Protection    
  1. The Partner acknowledges that the Company may collect and store and/or the Partner may provide the Company with personal identifiable and sensitive information about the Partner, including without limitation name, phone number, email address, address, postal code, fiscal information, occupation, login details etc. ("Sensitive Information”).  
  1. Without limiting the applicability of the Privacy Policy, please note that your Information may be used for the following purposes:  some text
    1. to validate, perform and process the obligations of the Company under the Agreement;  
    2. to facilitate our internal business operations, including the fulfilment of any legal and regulatory requirements; 
    3. to refer you to third party service providers (including banks and financial institutions) who may propose to offer services to you; 
    4. resolve disputes or troubleshoot problems;  
    5. detect and protect us against error, fraud and other criminal activity; 
    6. enforce the Agreement;  
    7. to analyse, research and innovate on the business of the Company.  
  1. Additionally, your Information may be shared with:  some text
    1. affiliates and business partners of the Company;  
    2. third parties as part of a corporate transaction such as a merger, business acquisition, investment; 
    3. to third parties (including financial institutions or banks) with respect to prospective (i) credit facilities; (ii) services, that may be availed by you. 
  1. In this regard, the Partner acknowledges and consents to the Privacy Policy (available here: https://www.bizongo.com/policies), which shall be deemed to be included in this Agreement, setting out the manner in which the Partner’s Sensitive Information is collected, stored, processed, used, transferred and disclosed.  
  1. The Partner consents to sharing access to its GST Common Portal in terms of Section 146 of the Central Goods and Services Tax Act, 2017. The Partner authorises the Company to log into its account, access, view, read, extract, store, maintain, capture and transmit the data available on the GST Common Portal.  
  1. Upon a request made by the Company, the Partner shall share all details including any electronic verification code or One-time Password (OTP) received by it which are required by the Company to access the Partner’s GST Common Portal. The Partner authorises the Company to use such details to log into the Partner’s GST Common Portal. Once such details are shared by the Partner or its representative,  it will be deemed to have been validly given and shared with the Company. 
  1. Confidentiality.  
  1. The Parties hereby agree that they shall: 
  1. keep all Confidential Information received from the disclosing Party and shall not, without the prior written consent of the disclosing Party, divulge such Confidential Information to any person or use such Confidential Information other than for the purposes of carrying out this Agreement; 
  2. take all steps as may be reasonably necessary to protect the integrity of the Confidential Information and to ensure against any unauthorized disclosure thereof; 
  3. treat all Confidential Information with the same degree of care to avoid disclosure to third parties as is used with respect to the receiving Party’s own confidential information, but not less than a reasonable degree of care; 
  4. immediately inform the disclosing Party of any potential or accidental disclosure or loss or misappropriation of the Confidential Information and take all steps, together, to retrieve and protect the Confidential Information;  
  5. acknowledge that the Confidential Information is and will at all times remain the property of the disclosing Party and not use the same for any competitive and/or strategic advantage;  
  6. return to the disclosing Party all the Confidential Information including but not limited to all notes, copies, translations, conversions, modifications and derivations thereof, upon completion of the need of such Confidential Information or upon the termination of this Agreement; and  
  7. ensure that each of its personnel or employees who have access to the Confidential Information have agreed to be bound by the same obligations of confidentiality and non-use as apply to the receiving Party under this Agreement 
  1. The receiving Party agrees that it will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information without the prior written consent of the disclosing Party. 
  1. This Agreement shall not restrict the receiving Party from complying with any legal requirement to disclose Confidential Information, provided that the receiving Party shall to the extent that it is not prohibited from doing so by Applicable Law, promptly notify the disclosing Party of such legal requirement so that the disclosing Party may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. The receiving Party shall cooperate fully with the Company in any such proceeding.
  1. The obligations under this Clause shall survive for the period of two (2) years after expiry or early termination of this Agreement and/or for such period as may be prescribed by the law. 
  1. The Parties acknowledges and understands that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause irreparable harm to the disclosing Party, the amount of which may be difficult to ascertain. The disclosing Party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as the disclosing Party shall deem appropriate. Such right shall be in addition to the remedies otherwise available to the disclosing Party, at law or in equity. 
  1. For the purposes of this Agreement, “Confidential Information” shall mean the terms of this Agreement, any information, whether written or oral, which relates to business methodologies, systems, technical data, system study reports, system requirements, specifications, designs, drawings, business models, current/ potential customers or partners, or other information in any format belonging to a Party, which may be provided by such Party to the other Party, or which may come to the knowledge of the other Party by virtue of this Agreement, whether or not specifically marked as being confidential in nature and whether provided either in electronic or physical form, that comes to the knowledge of the other Party during the term of this Agreement or any extension thereof; Provided however that, Confidential Information shall not include information which (i) is in the public domain; (ii) at or prior to the time of disclosure was known to either Party through lawful means or through an act of a third party who is free to make such disclosure without breach of any legal obligation; (iii) at or prior to the time of disclosure, was generally available to the public through no act or omission on either Party; or (iv) is developed by either Party independent of any Confidential Information it receives from either Party. 
  1. Whistle-blower Policy

The Partner is aware of the Whistle-blower policy and Public Grievance mechanism policy of the Company and hereby consents to the same. The Partner further undertakes to adequately sensitize all its employees, partners, officers and directors of such policy. The Partner agrees and gives consent to the Company to undertake adequate investigations into any and all such whistle-blower complaints received by the Company involving the Partner in any way or manner, in accordance with its Whistle-blower policy.  

  1. Indemnity. 
  1. Partner hereby undertakes to indemnify and keep indemnified the Company, its directors, officers and employees harmless from and against, any and all third party, claims, suits, actions and proceedings, liabilities, losses, damages, costs and expenses, arising directly in connection with the breach and/or omission of any of its obligations or representations specified in this Agreement except to the extent where such loss, damage, cost or expense of any kind (including but not limited to reasonable attorney's fees) is due to any breach of the terms of this Agreement, gross negligence, fraud or willful misconduct of the Partner.  
  1. The rights and obligations of the Company and its indemnity under this Clause shall survive the expiry or termination of this Agreement. 
  1. Limitation of Liability. 
  1. Notwithstanding any other provision of this agreement to the contrary, in no event will either Party be liable for any special, incidental, indirect, collateral, consequential or punitive damages or lost profits suffered by an indemnified Party, however caused and on any theory of liability, in connection with any damages arising hereunder.  
  1. In no event shall the total liability of any Party arising under this Agreement exceed, on a product-by-product basis, the total price paid by the Company for such Product hereunder; provided, however, that nothing in this Clause shall limit or exclude any damages or claims to the extent arising out of the Partner’s gross negligence, fraud or willful misconduct. 
  1. Non-Competition

The Partner agrees and undertakes that during the Term of this Agreement and for a period of two (2) years from the date of expiry or termination hereof, it shall not, directly or indirectly, alone or with others, individually or through or by any corporate or other business entity, undertake any business which is same or similar to the business of the Company or engage with any customer of the Company, including but not limited to the End Client, without the prior written approval of the Company.  

  1. Non-Solicitation.  

During the Term of this Agreement, and two (2) years after the termination hereof, the Partner will not recruit or solicit any employees (including but not limited to contract employees), contractors, consultants, vendors of the Company who have left the Company’s employment or contractual engagement within two (2) years of the cessation of such employment or engagement, without the prior written approval of the Company.  

  1. Exclusivity

It is expressly agreed and acknowledged by the Partner that this engagement by the Company for procurement of Products is on a non-exclusive basis and the Company shall be free to engage any other party for supply of Products or any other product similar to the Products. 

  1. Publicity

The Partner, its employees, agents and any other entity associated with the Partner, shall not use the name, trademark and/or logo of the Company and/or End Client, in any sales or marketing publication or advertisement or promotional material or in any other manner, without the prior written consent of the Company. 

  1. Termination and Effects of Termination. 
  1. This Agreement shall terminate upon the happening of, the earlier of any one of the following events:  
  1. by mutual agreement of the Parties;  
  2. a material breach by either Party of any of the terms of this Agreement and if such Party fails to rectify such material breach within thirty (30) calendar days from the date on which such Party receives a notice of breach from the non-breaching Party. In such event, this Agreement will terminate forthwith upon the expiry of the said thirty (30) day period;  
  3. any Party (i) files a petition in bankruptcy or a petition seeking reorganization, liquidation, administration (if applicable) or similar relief or such petition is filed against it which is not dismissed or stayed within thirty (30) business days, or (ii) is adjudicated bankrupt or insolvent, or (iii) seeks or consents to the appointment of a trustee, receiver, or administrator, or (iv) admits in writing its inability to pay its debts as they become due;  
  4. any Party and/or any of its directors, employees, agents or associates are found to be involved in any immoral or criminal activity including but not limited to fraud, misrepresentation, and/or breach of trust, excluding any minor traffic violations; or 
  5. any inquiry/ investigation/ criminal proceedings have been initiated against the other Party pertaining to suspected fraud/ malpractice/ illegal activities, whether in India or in any other country. 
  1. The Company shall have a right to terminate this Agreement, for convenience and/or without any reason by providing fifteen (15) days’ prior written notice of its intention to do so.  
  1. Effects of Termination/ Expiration: 
  1. Early termination or expiry of this Agreement shall not affect the rights and obligations of the Parties which have accrued prior to termination.  
  1. Any provision of this Agreement that contemplates performance or observance subsequent to the termination or the expiration of this Agreement shall survive and continue in full force and effect, including but not limited to the obligation of the Partner to provide full co-operation to the Company till completion of the Shelf Life of each Product. 
  1. Upon expiry or earlier termination of this Agreement, the Parties shall return/ transfer to each other all materials, documents, information/ data, etc. in form of paper documents and/or electronic records, collected by them during the Term. 
  1. Upon receipt of any notice of termination, both the Parties shall conduct all their respective obligations until the effective date of termination mentioned in such notice in the manner which is consistent with the obligations of the Parties hereunder and does not prejudice the reputation or goodwill of either Party. 
  1. Governing Law, Jurisdiction and Dispute Resolution. 
  1. Governing Law and Jurisdiction: 

This Agreement shall be governed by the laws of India and shall be subject to sole jurisdiction of the courts at Mumbai.  

  1. Dispute Resolution:  
  1. Any disputes/ differences arising out of or in connection with this Agreement shall be promptly, amicably, and in good faith resolved by the Parties. 
  1. In case no amicable resolution is reached within a period of thirty (30) days, or within such extended period as the Parties may agree upon, from the date on which the dispute or difference was notified to the other Party, the dispute/ difference shall be settled by arbitration in accordance to the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator appointed jointly by the Parties. The seat and venue of arbitration shall be Mumbai, India and the arbitration proceedings shall be conducted in English. Subject to the foregoing, the courts at Mumbai shall have exclusive jurisdiction with respect to any dispute arising under this Agreement. 
  1. This Clause 19.2 shall not prejudice a Party’s right to apply, either prior to or during any arbitration, to any court of competent jurisdiction for interim, provisional or conservatory measures, relief or remedies, including but not limited to a temporary restraining order, preliminary injunction or other interim relief, concerning a dispute, if necessary to protect the interests of such Party or to preserve the status quo pending the arbitration proceeding.  
  1. Any award rendered by the arbitral tribunal will be final and binding upon all Parties. The right to arbitrate disputes under this Agreement shall survive even upon the termination of this Agreement. 
  1. Force Majeure. 
  1. Neither Party will be responsible for any delay or failure to comply with the obligations under the Agreement if the delay or failure arises from any cause which is beyond the reasonable control of such Party, including but not limited to any act of God, fire, flood, earthquake, windstorm or other natural disaster, war, invasion, act of foreign enemies, blockade, embargoes, terrorism, hostilities, lockout, strikes, orders or restrictions imposed by government or any other public authority, software malfunction, internet, or telecommunication outage (“Force Majeure”). 
  1. Any Party claiming restriction on the performance of any of its obligations under this Agreement due to the happening or arising of an event of Force Majeure hereof shall notify the other Party of the happening or arising and the ending or ceasing of such event or circumstance within three (3) days of determining that an event of Force Majeure has occurred. The Party claiming the event of Force Majeure conditions shall, in all instances and to the extent it is capable of doing so, use its best efforts to remove or remedy the cause thereof and minimize the economic damage arising thereof. 
  1. Either Party may terminate this Agreement after giving the other Party a prior notice of fifteen (15) days in writing if the event of Force Majeure continues for a period of sixty (60) days, in which case neither Party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 
  1. Notice. 
  1. Any communication including any consent, approval, report or notice required or permitted by this Agreement shall be in writing and in English. Any communication by the Partner to the Company shall be over the Portal or by email to the designated email address communicated by the Company to the Partner or delivered to the Company at the following address:

Smartpaddle Technology Private Limited

Attn: Mr. Sachin Agrawal

Address: 701, 7th floor, E-Wing, Times Square, Marol Andheri - Kurla Road, Andheri East, Mumbai - 400059, Maharashtra, India

  1. Any email by the Partner to the Company under this Agreement must be sent from the email address registered by the Partner with the Company on the Portal in terms of Clause 1 of this Agreement. Any communication by the Partner to the Company shall be effective upon receipt. 
  1. Any communication by the Company to the Partner shall be sent over the Portal or by email or by registered mail or air courier postage prepaid, addressed to the Partner at the address and email id communicated by it to the Company at the time of registration on the Portal in terms of Clause 1 of the Agreement. Such notice shall be deemed received on the day on which it is hand-delivered or on the next business day following the day on which it is deposited with an overnight delivery service or on the day sent over the Portal or by email. 
  2. In the event that the Partner changes its address it shall, prior to the date of such change, notify the Company in writing on the Portal as well as by email. Thereafter, such new address shall be the address of Partner for the purposes of this Agreement. 
  1. Relationship between the Parties. 

This Agreement is on a principal-to-principal basis between the Parties hereto. This Agreement does not make either Party an employee, agent or legal representatives of the other for any purpose whatsoever. Neither Party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other Party. 

  1. Assignment. 

The Partner shall not assign and/or transfer any of its rights and obligations hereunder without the prior written approval of the Company. 

  1. Waiver and Non-exclusion of Remedies. 
  1. A Party’s delay or failure to enforce any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies in the future. 
  1. No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy except as expressly provided for in this Agreement and each and every remedy shall be cumulative and shall be in addition to every other remedy given in this Agreement or existing at law or in equity, by statute or otherwise. 
  1. Severability. 

 If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby and shall remain in full force and effect.  

  1. Amendments. 

 This Agreement is subject to revision and/or amendment at the sole discretion of the Company. The Partner is responsible to check the Portal for the latest version of the Agreement and shall be deemed to accept the version of this Agreement in its entirety as on date of the PO, upon acceptance of any PO by the Partner in terms of this Agreement. No amendment or modification of this Agreement by the Partner and nor waiver of any of the terms or conditions hereof shall be valid or binding unless made in writing, including through the Partner Dashboard. Such duly executed amendment, modification, or waiver shall be deemed to be an integral part of this Agreement. 

  1. Survival. 

The Parties hereby agree and acknowledge that those terms and provisions of this Agreement which by their nature and content should be deemed to survive the termination of this Agreement. Notwithstanding anything herein to the contrary, the following provisions shall survive indefinitely (unless otherwise indicated) the termination of this Agreement for any reason: Clause 11 (Confidentiality), Clause 12 (Indemnity), Clause 18.3 (Effects of Termination/ Expiration), Clause 19 (Governing Law, Jurisdiction and Dispute Resolution) and this Clause 27 (Survival). 

  1. Electronic Record. 

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

THE PARTNER HAS READ THESE TERMS AND CONDITIONS AND AGREES TO ALL OF THE PROVISIONS CONTAINED ABOVE 

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND SMARTPADDLE TECHNOLOGY PRIVATE LIMITED. THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I ACCEPT" TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND SMARTPADDLE TECHNOLOGY PRIVATE LIMITED FOR YOUR USE OF THE WEBSITE (DEFINED BELOW). THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. THIS POLICY IS GLOBAL IN NATURE AND GOVERNS OUR DATA PROTECTION PRACTICES WHETHER WE COLLECT YOUR PERSONAL INFORMATION THROUGH OUR WEBSITES, APPLICATION SOFTWARE, OR ANY OTHER MEANS. WHEN WE COLLECT INFORMATION ABOUT YOU OTHER THAN THE AFOREMENTIONED MEANS, WE WILL FIRST OBTAIN YOUR PERMISSION TO DO SO, IF AND AS REQUIRED BY THE APPLICABLE LAW. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENT TO SMARTPADDLE TECHNOLOGY PRIVATE LIMITED AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

SmartPaddle Technology Private Limited (“Bizongo”, “we”, “us”, “our”) is concerned with the privacy of its users (hereinafter referred to as “You”, “Your”, “Yourself”) that frequent its website www.bizongo.in (“Website”). Bizongo recognizes the importance of privacy as well as the importance of maintaining the confidentiality of your information. This Privacy Policy applies to all products and services provided by us and is drafted to explain to You how Bizongo collects, uses and discloses your information to relevant entities that are vital to the functioning of this Website.

BY USING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS WEBSITE.

Bizongo respects Your privacy and has provided this Privacy Policy to familiarise You with:

  • The type of data or information that You share with or provide to Bizongo and that Bizongo collects from You;
  • The purpose for collection of such data or information from You;
  • Bizongo's information security practices and policies;
  • Bizongo's policy on sharing or transferring Your data or information with third parties.

We take measures to protect the security of the information provided by You. You can contact Us about Our privacy practices. Our privacy practices may vary among the countries in which We operate to reflect local practices and legal requirements. This Privacy Policy describes Bizongo’s current data protection policies and practices and may be amended/updated from time to time. Upon amending/updating the Privacy Policy, We will accordingly amend the date above and post the revised version behind the link marked “Privacy Policy” in the footer of each page of Bizongo’s websites. We suggest that You regularly check this Privacy Policy to apprise Yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.

COLLECTION OF INFORMATION

  • Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account
  • Information including, but not limited to, user name, address, phone number, fax number and email address ("Registration Information") may be collected at the time of user registration on the website.
  • In connection with any transaction and payment services or services under our buyer protection schemes we provide on the Website, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information from cheques or money orders ("Account Information") may be collected to, among other things, facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the website.
  • We record and retain details of users’ activities on the website. Information relating to such transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information and any trade dispute records (“Activities Information”) may be collected when sale and purchase transactions are conducted on or facilitated through the website.
  • We record and retain records of users' buying and browsing activities on our platform including but not limited to IP addresses, browsing patterns and buyer behavioral patterns. In addition, we gather statistical information about the website and visitors to the website including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together "Browsing Information").
  • Registration Information, Account Information, Activities Information and Browsing Information generally relate to business entities and are together referred to as business (“Business Data”). Insofar and only insofar as they constitute personally identifiable data of living individuals, such information are together referred to as personal data (“Personal Data”).
  • We do not store any messages, photos, videos or documents from your chats/emails through our servers.

REPRESENTATION

  • You hereby represent to Bizongo that the Information You provide to Bizongo from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Bizongo.
  • Your providing the Information to Bizongo and Bizongo's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.

USE OF TECHNOLOGY

Bizongo collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) including the following (“Purposes”):

  • to facilitate Your use of the Website;
  • to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
  • to provide You with information about products and services available on the Website and to send You information, materials, and offers from Bizongo;
  • to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
  • to send You surveys and marketing communications that Bizongo believes may be of interest to You;
  • to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
  • to help You address Your problems incurred on the Website including addressing any technical problems;
  • if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
  • for proper administering of the Website;
  • to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
  • to improve the services, content and advertising on the Website;
  • to facilitate various programs and initiatives launched by Bizongo or third party service providers and business associates;
  • to analyse how our services are used, to measure the effectiveness of advertisements, to facilitating payments;
  • to protect the integrity of the Website;
  • to respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
  • to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
  • to permit third parties who may need to contact users who have bought products from the Website to facilitate service and any other product related support;
  • to implement information security practices;
  • to determine any security breaches, computer contaminant or computer virus;
  • to investigate, prevent, or take action regarding illegal activities and suspected fraud;
  • to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
  • to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Bizongo.

You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of Bizongo or any person on our behalf, and the collection of Information is necessary for the Purposes.

DISCLOSURE OF PERSONAL DATA

  • You further agree that we may disclose and transfer your Personal Data to service providers engaged by us to assist us with providing you with our services (including but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment extension services, and membership authentication and verification services) ("Service Providers"). These Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified above, and not for their own purposes (including direct marketing).
  • When necessary we may also disclose and transfer your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for the purposes specified at B.9 above.
  • Any Personal Data supplied by you will be retained by us and will be accessible by our employees, any Service Providers engaged by us and third parties referred to above, for or in relation to any of the Purposes.
  • All Voluntary Information may be made publicly available on the website and therefore accessible by any internet user. Any Voluntary Information that you disclose to us becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. You should exercise caution when deciding to include personal or proprietary information in the Voluntary Information that you submit to us.
  • We may share your Account Information with banks or vendors to enable your transactions on the website to be completed. In addition, we may use your Account Information to determine your creditworthiness and, in the process of such determination, we may need to make such Account Information available to banks or credit agencies. While we have in place up-to-date technology and internal procedures to keep your Account Information and other Personal Data secure from intruders, there is no guarantee that such technology or procedures can eliminate all of the risks of theft, loss or misuse.
  • We may provide statistical information to third parties, but when we do so, we do not provide personally-identifying information without your permission.

COOKIES

We use "cookies" to store specific information about you and track your visits to the website. It is not uncommon for websites to use cookies to enhance identification of their users.A "cookie" is a small amount of data that is sent to your browser and stored on your computer's hard drive. A cookie can be sent to your computer's hard drive only if you access the website using a computer. If you do not deactivate or erase the cookie, each time you use the same computer to access the website, our web servers will be notified of your visit to the website and in turn we may have knowledge of your visit and the pattern of your usage. Generally, we use cookies to identify you and enable us to i) access your Registration Information or Account Information so you do not have to re-enter it; ii) gather statistical information about usage by users; iii) research visiting patterns and help target advertisements based on user interests; iv) assist our partners to track user visits to the website and process orders; and v) track progress and participation in promotions. You can determine if and how a cookie will be accepted by configuring the browser which is installed in the computer you are using to access the website. If you choose, you can change those configurations. By setting your preferences in the browser, you can accept all cookies or you can choose to be notified when a cookie is sent or you can choose to reject all cookies. If you reject all cookies by choosing the cookie-disabling function in your browser, you may be required to re-enter information on the website more often and certain features of the website may be unavailable.

MINORS

The website and their contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our Site. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact our Legal Department at the address set out in paragraph D above to remove the information.

PASSWORD SECURITY

We employ commercially reasonable security methods to prevent unauthorized access to the website, to maintain data accuracy and to ensure the correct use of the information we hold. For registered users of the website, your Registration Information and Account Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your login information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session. No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.

CHANGES TO THIS PRIVACY POLICY

Any changes to this Privacy Policy will be communicated by us posting an amended and restated Privacy Policy on the website. Once posted on the website the new Privacy Policy will be effective immediately. You agree that any information we hold about you (as described in this Privacy Policy and whether or not collected prior to or after the new Privacy Policy became effective) will be governed by the latest version of the Privacy Policy. Please visit the policy periodically to be updated.

USER DISCRETION AND OPT OUT

You agree and acknowledge that You are providing Your Information out of Your free will. Subject to certain exceptions prescribed by law and provided Bizongo can authenticate Your identity, You can contact Bizongo at support@bizongo.com or send a mail to Bizongo, 701, 7th floor, E-Wing, Times Square, Marol Andheri - Kurla Road, Andheri East, Mumbai - 400059, Maharashtra, India to:

  • Access, verify, correct, update, amend, restrict, object to, or later on withdraw Your consent to delete any personal information Bizongo has about You.
  • Review the information Bizongo retains, how it has been used, to whom Bizongo has disclosed such information to.
  • Opt to transfer Your personal data.
  • Change preferences regarding how Your personal information is disclosed.
  • Notify Bizongo if You do not want Your data to be processed anymore.
  • Notify Bizongo if You do not wish to receive further communication from Bizongo.

We will respond to such requests in reasonable time within the time limits established by the applicable law. In accordance with the applicable laws, we reserve the right to charge you a reasonable fee for the processing of any data access or correction request.

In the event that You opt out, You should neither visit the Website nor use the services provided by Bizongo nor shall You contact Bizongo. Further, Bizongo may not deliver products to You, upon Your order, or Bizongo may deny You access from using certain services offered on the Website.

GRIEVANCE OFFICER

If You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Bizongo 's Terms of Use and other terms and conditions of Bizongo, please contact the designated grievance officer under Information Technology Act, 2000 using the details below:

Grievance Officer Name: Vijay Chaurasia

E-mail: privacy@bizongo.com
Postal address: Smartpaddle Technology Private Limited 701, 7th floor, E-Wing, Times Square, Marol Andheri - Kurla Road, Andheri East, Mumbai - 400059, Maharashtra, India
Telephone number: +91 9324802875

The details of the grievance officer may be changed by Us from time to time by updating this Privacy Policy.

To be eligible for recognition, you must

Be the first person to responsibly disclose the bug.

Please report any bugs that could potentially compromise the privacy of our users' data, by pass the system's protective measures, or grant unauthorized access to any system within our infrastructure.

Types of Recognition

Hall of Fame

Rules of Engagement

When reporting a vulnerability to us, please allow us a reasonable amount of time to investigate and address the issue. Additionally, we kindly request that you refrain from accessing sensitive information, performing actions that could harm other Bizongo users, or using automated tools to generate reports.

Please do not exploit any security vulnerabilities that you discover, including attempting to access sensitive company data or probing for additional issues that could cause harm.

We ask that you do not violate any laws or agreements while searching for vulnerabilities, and that you do not publicly disclose any details of the vulnerability without first obtaining Bizongo's permission.

Programme Terms

At Bizongo, we appreciate security researchers who help us keep our users safe by identifying vulnerabilities in our services. While recognition for such reports is entirely at our discretion and

based on factors such as risk and impact, we do offer a Hall of Fame for those who meet the following requirements:

  • Adhere to our Responsible Disclosure Policy
  • Report a security bug that identifies a vulnerability in our services or infrastructure, which creates a security or privacy risk. Please note that we ultimately determine the risk of a vulnerability, and that not all software bugs are security vulnerabilities.
  • The reported issue must relate to one of the products or services listed under "Scope".
  • We specifically exclude certain types of potential security vulnerabilities; please refer to "Exclusions" for further details.
  • If you inadvertently cause a privacy violation or disruption while investigating a vulnerability, please disclose this in your report.

In evaluating reports under our responsible disclosure program,

  • We investigate and respond to all valid reports. However, due to the high volume of reports we receive, we prioritize evaluations based on risk and other factors, which may delay our response time.
  • We determine recognition in our Hall of Fame based on various factors, including the impact of the report, the ease of exploitation, and the quality of the report. Please note that extremely low-risk vulnerabilities may not qualify for recognition in our Hall of Fame.
  • In the event of duplicate reports, we recognize the first person to submit a vulnerability, and we may not share details of the other reports.

Please note that your use of Bizongo's services, including for the purposes of this program, is subject to our Terms and Policies. We may retain any communications regarding security vulnerabilities that you report for as long as we deem necessary for program purposes, and we may modify or cancel this program at any time.

Scope

<TBD> need to key in all public domains

Apps Urls
ProcureLive https://procurelive.bizongo.com/
PartnerHub https://partner.bizongo.com/
Artworkflow https://artworkflow.bizongo.com/login
Main portal https://www.bizongo.com
Artworkflow Main https://www.artworkflowhq.com

How to Report a Vulnerability?

If you find a vulnerability in any of our web or mobile app properties, we kindly ask that you follow the steps outlined below:

  • Fill out the vulnerability report form with all the necessary details to replicate the vulnerability. This may include screenshots, videos, or simple instructions.
  • If possible, please provide your contact information (phone number) so that our security team can get in touch with you if additional information is needed to identify or resolve the issue.
  • If the vulnerability you've found can potentially extract information from our customers or systems or disrupt our system's normal operation, please do not exploit it. This is crucial for us to consider your disclosure as responsible.
  • While we appreciate the contributions of Whitehat hackers, we reserve the right to take legal action if the vulnerabilities you've discovered are exploited for illegal purposes, such as gaining access to restricted customer or system information or disrupting our systems.

Report a Vulnerability

Qualifying Vulnerabilities

The program generally considers any design or implementation problem that can be replicated and significantly impacts the security of Bizongo users. Some typical examples of such issues are:

  • Injections
  • Cross Site Scripting (XSS)
  • Cross Site Request Forgery (CSRF)
  • Remote Code Execution (RCE)
  • Authentication/Authorisation flaws
  • Domain take-over vulnerabilities
  • Able to take-over other Bizongo user accounts (while testing, use your own another test account to validate)
  • Any vulnerability that can affect the Bizongo Brand, user data and financial transactions

Exclusions

The following bugs are unlikely to be eligible:

  • Vulnerabilities found through automated testing
  • "Scanner output" or scanner-generated reports
  • Publicly released CVE’s or 0-days in internet software within 90 days of their disclosure
  • "Advisory" or "Informational" reports that do not include any Bizongo testing or context
  • Vulnerabilities requiring MITM or physical access to the victim’s unlocked device.
  • Denial of Service attacks
    ○ SPF and DKIM issues
    ○ Content injection
    ○ Hyperlink injection in emails
    ○ IDN homograph attacks
    ○ RTL Ambiguity
  • Content Spoofing
  • Vulnerabilities relating to Password Policy
  • Full-Path Disclosure on any property
  • Version number information disclosure
  • Third-party applications on the Bizongo Application directory (identified by the existence of a "Report this app" link on the app's page). Please report vulnerabilities with these services to the creator of that specific application.
  • Clickjacking on pre-authenticated pages, or the non-existence of X-Frame-Options, or other non-exploitable clickjacking vulnerabilities
  • CSRF-able actions that do not require authentication (or a session) to exploit Reports related to the following security-related headers
    ○ Strict Transport Security (HSTS)
    ○ XSS mitigation headers (X-Content-Type and X-XSS-Protection)
    ○ X-Content-Type-Options
    ○ Content Security Policy (CSP) settings (excluding nosniff in an exploitable scenario)
  • Bugs that do not represent any security risk
  • Security bugs in third-party applications or services built on the Bizongo API - please report them to the third party that built the application or service
  • Security bugs in software related to an acquisition for a period of 90 days following any public announcement
  • HTTP TRACE or OPTIONS methods enabled
  • Non-sensitive (i.e., non-session) cookies missing the Secure or HttpOnly flags
  • Tap jacking
  • Mobile client issues require a rooted device and/or outdated OS version or SSL pinning issues.
  • Subdomain takeovers without supporting evidence
  • Missing best practices in SSL/TLS configuration.
  • The Vulnerabilities that cannot be used to exploit other users or Bizongo -- e.g., self-XSS or having a user paste JavaScript into the browser console
  • Open ports without an accompanying proof-of-concept demonstrating vulnerability
  • Vulnerabilities in the whitehat report form

Acknowledgements

We currently do not offer a bounty or cash reward program for such disclosures, but we appreciate your contribution and express our gratitude in various ways. If you make a sincere and ethical disclosure, we would be delighted to publicly recognize your contribution in the designated section on our website. However, we understand that you may not want a public acknowledgement, and we will respect your preference accordingly.

Hall Of Fame

We would like to extend our gratitude to the individuals listed below for identifying and responsibly disclosing security vulnerabilities in Bizongo's owned apps, products, or services. Their efforts and contributions towards the security of Bizongo are highly appreciated.

TERMS OF USE

Welcome to Bizongo Next!

Bizongo Next (“Platform”) is a service provided by Smartpaddle Technology Private Limited (“Bizongo”), designed to enable supply chain transactions, raw material trading, logistics, and supply chain financing facility (“Services”). These Services are accessible to users on the webapp https://next.bizongo.com/ and mobile application available for installation on the Google Play (https://play.google.com/store/apps/details?id=com.bizongo.next&pcampaignid=web_share) store  (“Application”). These terms and conditions, referred to as the “Terms” or “Agreement” apply to the utilization of the service of the Platform. These Terms constitute a binding and enforceable legal contract between Bizongo, its affiliates (“us”, “we” or “our”) and you, a user of the Services (“you”, “user”, “organisation” or “business”). 

For the purposes of these Terms: (a) Platform means and includes the website https://next.bizongo.com/ which includes its corresponding mobile Application or any other digital platforms, applications and/or operating system as provided by Bizongo on which you may avail the Services; (b) “Products” shall mean the variety of products offered to you on the Platform; and (c) Bizongo and you are hereinafter individually referred to as “Party” and collectively as “Parties”. 

We advise you to carefully read these Terms to understand the requirements and conditions applicable in case of usage of the Platform. 

1. GENERAL TERMS AND CONDITIONS

  • By using the Platform, you represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms;  (b) have read, understood, and abide by these present Terms; and (c) if you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms. If you do not agree with any of these Terms, we respectfully request that you refrain from using the Platform.
  • By accepting these Terms, you confirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement and to abide by and comply with the Terms. If you are a user below 18 (Eighteen) years of age, it is assumed that you are using/ browsing the Platform under the supervision of your parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/ browsing the Platform without the supervision of his/ her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. 
  • The Platform and use thereof are strictly for commercial purposes and not for end user or personal consumption. You may connect to the Platform using any internet browser supported by the Platform. You are responsible for obtaining access to the internet and the equipment necessary to use the Platform.
  • We authorize you to access and use the Platform exclusively to engage with other businesses, initiate negotiations for the purchase or procurement of Products, and raw materials, availing ancillary services, and processing business-related returns and refunds. Consequently, we hereby provide you with limited, revocable, non-assignable, and non-transferable permission to access and use the Platform. 
  • We may offer certain services as closed or open beta services (“Beta Service” or “Beta Services”) for testing and evaluation in relation to the Platform. You agree that we have the sole authority and discretion to determine the period for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to discontinue fully or partially, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason. 
  • Accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms. The Terms also encompass the privacy policy available at https://www.bizongo.com/terms-and-conditions  (“Privacy Policy”). The Terms also encompass any guidelines, supplementary terms, policies, or disclaimers that may be relevant to the Platform or subsequently provided by us, all of which shall be applicable at the time of your access and use of the Platform and are subject to periodic updates. 
  • We retain the right to periodically amend and modify the Terms governing your usage of the Platform. Therefore, we strongly recommend that you review these Terms each time you intend to utilize our Platform to ensure your comprehension of the prevailing terms and conditions. Furthermore, kindly take note that we reserve the right to alter both the format and content of the Platform, or temporarily suspend its operation for maintenance, support, content updates, or any other justifiable reason, at any given point in time.
  • This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. ONBOARDING OF YOUR ACCOUNT 

  • To gain access to the Platform, it is necessary for you to undergo the registration process. Registration is a mandatory one-time procedure. If you are an existing user of the Bizongo Partner Hub or Procure Live platforms, you will not be required to register your account on the Platform again and you may use the same credentials to log in to the Platform at https://next.bizongo.com/
  • In case you are new to the Platform, you may onboard the Platform with the help of the links shared by Bizongo or by a buyer directly with you (provided, that in the case of a buyer, the buyer is already registered on the Platform). Once you proceed with the invite link, you will be redirected to the sign-up page where you will be required to enter your email and password. 
  • After a successful signup, you are required to complete the registration on the Platform by providing the required registration details about your company, (including without limitation company details such as PAN, GSTIN, Udyam), and email, phone number from the user. 
  • Upon verification of your provided details, you will get a service activation notification on the header of the Platform requiring you to submit documents and activate the Services. The type of documents required for submission will vary depending on whether you were invited to the Platform by Bizongo or by a buyer company and on the type of services, which, inter alia, include RMC, PaaS, BAU, you are signing up for. 
  • Post the successful submission of such documents, you will receive an email notification intimating you of the success or failure of Service activation, following which you can sign into your account and make use of the Services of the Platform. Our support team is available to assist you in the creation and registration of your account on the Platform. 
  • Once registration of your account on the Platform is successfully completed, you will be allowed to create and change your password, which will be associated with your account. Please note that these credentials are strictly non-transferable. Businesses are strictly prohibited from selling, trading, or transferring their account to other businesses or any third party. 
  • You agree that you are solely authorized to operate the account created by you. Consequently, it is your responsibility to (a) maintain the confidentiality of the login credentials of your account on the Platform and restrict access to your computer/ mobile/ other similar devices to prevent unauthorized access to your account, (b) appoint competent individuals as administrators for managing your organisation/ company’s account, and (c) ensuring that all activities that occur in connection with your account comply with the Terms. 
  • You understand that we do not assume responsibility for the administration of your account or internal management of your usage of the Platform. You shall remain solely liable for all the actions undertaken through your account.
  • You are required to: (a) immediately inform us of any unauthorized use of the account or any other security breach, and (b) ensure that you log out of your account at the end of each session. 
  • We, our employees, agents, directors, and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms. You shall be held liable for any losses suffered by us or other users in the event of unauthorized use of your account or the account of other users by you. We reserve the right to refuse access to the Platform, terminate Accounts, and modify or delete content at our discretion and without prior notice, for any reason we deem appropriate (including but not limited to users providing false and misleading information during registration)
  • We reserve the right to levy a Platform fee (“Platform Fee”), at our sole discretion, on a case-to-case basis, and the same shall be separately communicated to you by us. 
  • The user acknowledges and agrees that the Bizongo Application does not and will not be obligated to verify details provided by the users during the sign-up and registration procedure. 

3. USER’S OBLIGATIONS AND REPRESENTATIONS

  • User of the Platform agrees that they should review the Products, invoices, and bills and that while we have taken precautions to minimize inaccuracies, all content, information, software, Products, and related graphics are provided on an "as is" basis, without any warranty of any kind. They should be used as a reference only. Bizongo explicitly disclaims any warranties or representations, whether express or implied, regarding the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products/ Services listed, displayed, transacted, or the content (including Product information and/or specifications, invoices, and bills) communicated by Bizongo.
  • User also acknowledges that Bizongo acts solely as a facilitator and does not assume the role of a party to, or exert control over, any advertisements, exhibitions, availability, offers to sell, or purchase transactions on the Platform. 
  • User also acknowledges that the Platform may but shall not be obligated to relay any information and updates in relation to the transactions undertaken by the users on the Platform. Bizongo does not engage in the facilitation or participation of any sales, delivery, or transactions, related to any Products on the Platform.
  • The users acknowledge and accept full responsibility for the risks associated with conducting purchase transactions through the Platform, as well as any subsequent activities related to the Products involved in such transactions. These risks include but are not limited to, the possibility of misrepresentation of Products, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, the unlawfulness of certain products, incorrect updates regarding a shipment or delivery of Products, delays or defaults in delivery or payment, miscalculations in costs, breaches of warranty or contract, transportation accidents, manufacturing, importation, distribution, display, purchase, sale, and/or use of Products that may infringe or be claimed to infringe upon third-party rights.
  • User acknowledges and understands that it engages in transactions on the Platform at its own risk and exercises its judgment before entering into any transactions through the Platform. Bizongo does not act as a representative for any user or organisation on the Platform. The buyer and the vendor fully understand that they alone are responsible for the transactions and payments made to the vendor for the purchased Products and that Bizongo shall not be held liable for any transaction failures on the Platform, regardless of the reason.
  • Bizongo shall not mediate or resolve any dispute or disagreement between the buyer and the vendor of the Products or any third party that is rendering services to you.

4. COMMUNICATION AND UNSUBSCRIPTION

  • By accepting the Terms, you also accept to receive communications from Bizongo, including but not limited to service announcements, administrative messages, newsletters, updates, offers/campaign-related SMS, to the mobile phone number provided by you. By accessing and using the Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. 
  • Bizongo may also send notifications and reminders concerning the services availed on the Platform. While Bizongo endeavours to provide these notifications and reminders to you promptly, Bizongo will not be held liable or responsible for any failure to send such notifications/reminders to you due to technical errors and circumstances beyond the control of Bizongo. 
  • You can unsubscribe/opt out from receiving marketing/ promotional communications, newsletters, and other notifications from us at any time by following the instructions set out in such communications.

5. AVAILABILITY AND ACCESSIBILITY OF THE PLATFORMS 

  • We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms should not be interpreted as, and should not be used for, any promotional activities or solicitation that is unauthorized in any jurisdiction or to any individual for whom such promotional activities or solicitation are unlawful. 
  • We have several websites offering various services, content, and various other functionalities to specific regions worldwide. The services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. We do not make any warranty or representation that a user in one region may obtain the services of the Platform in another region, and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region. 
  • Information that we publish on the Platform may contain references or cross references to our services that are not announced or available in your country. Such references do not imply that we intend to announce such services in your country. Consult our local business contact for information regarding the services that may be available to you. 
  • We constantly monitor the user’s Account to avoid fraudulent activity and transactions. Users with more than one Account on the same PAN number, or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For this clause, we shall owe no liability for any refunds.

6. THIRD-PARTY INTERACTION AND LINKS TO THIRD-PARTY SITE

  • In your use of the Platform, you may enter into correspondence with, purchase Products and/or avail services from, or engage with other users of the Platform. In your use of the Platform, you may also access any other third-party website linked to the Platform. 
  • Unless otherwise stated, any such correspondence, or engagement with other users of the Platform, for any purpose, and any other term, condition, warranty, or representation associated with such correspondence, or engagement purchase, is solely between you and the relevant third party. 
  • You agree that we have no liability, obligation, or responsibility with respect to your correspondence, or engagement with other users of the Platform or with respect to your use of any third-party website and any contract for such use, access, or engagement s remains between you and the third party.

7. USER WARRANTIES AND RESTRICTIONS

  1. You represent and warrant that: (a) your use of  Platform and/ or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with  Platform is true, accurate and lawful; (c) your use of the Platform does not breach any applicable agreements and will not cause injury to any person or entity; (d) you shall not use Platform for listing/ advertising/ sale of any Product the sale/advertisement of which is prohibited under applicable law; and (e) you shall perform your due diligence before entering into any transactions with any other businesses on the Platform.
  2. You will use the Platform for lawful purposes only and will not undertake any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use the Platform, solely to avail the Services, subject to these Terms. 
  3. You shall not undertake the following actions:
  • Delete or upload content of any other user on the Platform; 
  • Use any engine, software, tool, agent, or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platform;
  • Make false or malicious statements about the Platform, or us;
  • Transmit unsolicited mass distribution of emails;
  • Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform;
  • Introduce any trojans, viruses, any other malicious software, any bots, or scrape Platform for any information; 
  • Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
  • Hack into or introduce malicious software of any kind onto the Platform; 
  • Gain unauthorized access to, interfere with, damage, or disrupt the server on which the details connected to the Platform are stored, or any other server, computer, or database connected to the Platform; 
  • Allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; 
  • Attempt to disassemble, reverse engineer, or decompile the Platform;  
  • Use the third-party links to sites without agreeing to their website terms & conditions;
  • Post links to third-party sites or use their logo, company name, etc. without their prior written permission; 
  • Attempt to gain unauthorized access to the Platform or its related systems or network; 
  • Use the Platform in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, or resource of Bizongo; 
  • Use the Platform in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein; 
  • Use the Platform for any form of competitive or benchmarking purposes; 
  • Remove or obscure any proprietary or other notices contained in the Platform; 
  • Use the Platform in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other countries or use the services in a manner that relates to or encourages any activity prohibited by law in India;
  • Use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; and
  • Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “phishing” as those terms are commonly understood and used on the internet.

        4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through the Platform, any information that:

  • belongs to another person and to which you do not have any right;
  • is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
  • harms minors in any way;
  • infringes any patent, trademark, copyright, or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates or defames another person; or
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource.

        5. If at any time, the information provided by you or content published by you on the Platform is found to be false, inaccurate, or unlawful, defamatory, insulting, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable we will have the right to reject the registration, cancel all orders, and restrict you from using the Platform and other affiliated services without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us arising out of or in connection with a breach of any of your warranties.

8. INDEMNIFICATION 

  • You agree to indemnify, defend and hold us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives harmless from and against any third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from (a) your access to or use of  Platform (b) violation of these Terms; (c) breach of representations and warranties made by you; or  (d) infringement of any of our or any third party intellectual property or other rights, or any other claim related to your use of the Platform. We will notify you of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. The failure to notify you of any such claim, loss, liability, or demand shall not preclude us from claiming indemnity. Furthermore, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

  1. We will try to ensure that all information and recommendations, whether about the Platform, Products, services or otherwise (hereinafter “Information”) provided as part of the Platform is correct. However, we make no representations or warranties as to the completeness or accuracy of Information.
  2. You hereby acknowledge and agree that the Information provided to you is subject to the condition that you will exercise your judgment to ascertain its suitability for your specific purpose before utilizing the Platform or making any decisions based on such Information. No Information on the Platform shall constitute an invitation to invest in us. Your use of this Platform or the Information contained herein is entirely at your own risk. Neither we, nor our officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Platform, the Information contained herein, or any third-party website linked to this Platform. We are not responsible for the content of any third-party users or websites and do not make any representations regarding the content or accuracy of content posted by other users or content available on such third-party websites. If you decide to access links to any third-party websites, you are doing so entirely at your own risk and expense.
  3. Bizongo may provide sample files and applications to illustrate the effective utilization of the Platform. The information contained in any such sample files and applications consists of random data. Bizongo makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the Information or the sample files and applications. 
  4. As a means to assist you in identifying the services of your choice on the Platform, we provide visual representations on the Platform which may include graphics, illustrations, photographs, images, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide accurate visual representations, we disclaim any guarantee or warranty regarding the accuracy of visual representations. 
  5. Nothing contained herein is to be construed as a recommendation to use any service on the Platform.
  6. We make no representation or warranty, whether express or implied, that any Products available on the Platform are free from conflicts with any patent or other intellectual property rights. Furthermore, we do not guarantee that the use of such Products will not infringe upon any patent or other intellectual property rights.
  7. Under no circumstances shall Bizongo be held liable for any delay failure or disruption of services or content delivered through the Platform, 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, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials,  lockdowns, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. 
  8. We do not covenant or provide any representations and warranties:
  • in respect of the other users on the Platform and their businesses, policies, and conduct;
  • in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness of a Product or the Information or content (including Product or pricing Information and/or specifications) available on the Platform; 
  • in respect of making the Platform available at all times; and
  • in respect to the operation of the Platform, including that the functions contained in any content, Information and materials on the Platform, or any third-party websites or services linked to the Platform will be uninterrupted, or that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.

        9. Bizongo does not represent or warrant that the manufacture, import, distribution, display, purchase, sale and/ or use of Products offered or displayed on the Platform does not violate any third-party rights; and Bizongo makes no representations or warranties of any kind concerning any Products or ancillary services offered or displayed on the Platform. 

       10. Any material downloaded or otherwise obtained through the Platform is at the user(s) sole discretion and risk and the user is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the user from or through the Platform shall establish or be considered as creating any warranty that is not explicitly stated within these Terms. 

        11. To the extent permitted by applicable law, we, our officers, agents, employees, and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, or injury caused due to the failure of performance, omission, or defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration, or use of records on the Platform.

        12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BIZONGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIZONGO MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE PLATFORM SHALL BE AT YOUR DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BIZONGO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU AGREE THAT BIZONGO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BIZONGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL BIZONGO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED FIVE THOUSAND RUPEES (INR 5,000). 

10. COPYRIGHTS IN RELIANCE CONTENT

  • The Platform contains material, including text, graphics, and sound, which is protected by copyright and/ or other intellectual property rights (“Bizongo Content”). All copyright and intellectual property rights about the Bizongo Content are either owned by us or have been licensed to us by the respective rights holders, enabling us to utilize the Bizongo Content as part of the Platform. We maintain copyright over all Information, encompassing text, graphics, and sound, and all trademarks exhibited on the Platform are either owned by us or licensed to us. All rights not otherwise claimed under the Terms or by Bizongo are hereby reserved.
  • You may use and display the Bizongo Content on your computer only for your use subject to the grant of a limited, revocable, personal, non-exclusive, and non-transferable license to you by us when you register on the Platform, only for identifying Products and services, carrying out purchase of the Products, and for using and printing copies of the Information on the Platform for your use and store the files on your computer for your use only. 
  • You shall not: (a) unless authorised, copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper in any way or otherwise use any Bizongo Content contained in the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the  Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Platform; or (e) link any other material to the  Platform, without our express written consent.
  • If you have any concerns regarding the potential infringement of your intellectual property rights and believe that such rights have been used inappropriately, please contact the Grievance Officer whose details are specified in Clause 14 below to notify us of your concerns. 

11. TRADEMARKS

  1. All the trade names associated with us, including but not limited to ‘Bizongo’ and logos denoted with TM are trademarks or registered trademarks of Bizongo or our affiliates in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws or which have been licensed to us from the owner of such trademarks. The trademarks displayed on the Platform may not be utilized in connection with any service that is not provided by us.

12. LICENSE AND USE OF YOUR CONTENT

  • By posting content/material on the Platform, you grant us a royalty-free, perpetual, irrevocable, non-transferable, non-sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, and display such material worldwide. This right and license apply to any form, media, or technology, whether known now or developed in the future, for the entire duration of any rights that may exist in the content. By granting this license, you waive any claim or ownership over feedback, comments, ideas, suggestions, or any other content provided through or on the Platform. You also agree to undertake any necessary actions, at our request, to fully transfer and perfect the aforementioned rights, including the execution of deeds and documents.
  • You understand that we do not routinely or shall be obligated to monitor your content or posts on the Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Platform, we will respond in any way that we deem appropriate in our sole discretion. We acknowledge that we possess the right to report any actions that may be deemed illegal, as well as any information received regarding such unlawful conduct, to the appropriate law enforcement authorities. Additionally, upon request, we will fully cooperate with law enforcement agencies in the investigation of any alleged illegal activities conducted on the Internet. 
  • Unauthorized use of any materials found on the Platform may result in the violation of copyright laws, trademark laws, laws related to privacy and publicity, specific communications statutes, and regulations, as well as other relevant laws and regulations. You bear sole responsibility for your actions, as well as the actions of any individual using your username and/or password. Therefore, you agree to indemnify and hold us, our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from any loss, costs, damages, liabilities, and expenses (including attorney's fees) incurred due to, arising from, or to prevent any claim or demand by a third party that arises from your use of the Platform or the use of the Platform by any person utilizing your username and/or password, including any alleged violation of applicable laws or regulations or infringement upon the rights of any third party. 
  • We reserve the right to terminate access to this Platform at any time and without notice. Further, this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision within the Terms that imposes an obligation or grants a right that, by its nature, is intended to remain valid beyond the termination or expiration of the Terms shall continue to be in effect even after such termination or expiration.
  • We reserve the right to analyse the data derived from user interactions on the Platforms, and as a result of this analysis, we shall become the owner of all such data and its corresponding outcomes. We may utilize this data to improve the user experience, enhance the functionality of the existing Platforms, or develop new services.

13. GOVERNING LAW AND JURISDICTION

  • You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Platform, parties shall endeavour to amicably, through discussions, settle and resolve such dispute or difference within 30 (thirty) days from the commencement of such dispute. 
  • In case of failure to resolve any dispute amicably, the dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the parties from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, and e-mail facilities) which can be beneficially used to solve disputes. 
  • All arbitration proceedings shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on the parties. The award may include costs, including reasonable advocates’ fees and disbursements. 
  • Governing Law: These Terms shall be governed by the laws of India and, subject to the arbitration process above, the parties agree to submit to the exclusive jurisdiction of competent courts at Mumbai.  
  • This clause shall not prejudice a party’s right to apply, either prior to or during any arbitration, to any court of competent jurisdiction for interim, provisional or conservatory measures, relief, or remedies, including but not limited to a temporary restraining order, preliminary injunction, or other interim relief, concerning a dispute, if necessary to protect the interests of such Party or to preserve the status quo pending the arbitration proceeding.

14. GRIEVANCE OFFICER

  • If you have any grievances about the information shared by you with us under these terms and conditions, or any grievances related to the Platform, you may address them to our designated grievance officer at the contact details provided below:

Name: Vijay Chaurasia 

Designation: Grievance Officer

Email Address: vijay@bizongo.com

15. FORCE MAJEURE

  • We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control. 

16. SEVERABILITY

  • If any provision of these Terms is deemed unenforceable under applicable law by a court of competent jurisdiction, that specific provision will be excluded from these Terms. The remaining provisions will be interpreted as if the excluded provision were not a part of these Terms and will be enforceable in accordance with their terms. However, it is important to note that in such an event, these Terms will be interpreted in a manner that preserves the meaning and intention of the excluded provision to the greatest extent allowed by applicable law, as determined by the court of competent jurisdiction. 

17. AMENDMENT 

  • These Terms are subject to amendments and modifications and may be updated by us from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on the Platform.

18. NOTICES

  • Any legal notices to or upon us shall be made in writing and sent to us personally, by registered mail or air courier postage prepaid, addressed to us at the following addresses, and shall be effective upon receipt. 

Attn: Legal Team 

Address: Smartpaddle Technology Private Limited, 701, 7th floor, E-Wing, Times Square, Marol Andheri - Kurla Road, Andheri East, Mumbai - 400059, Maharashtra, India.

  • All notices or other communications shall be delivered personally (effective upon receipt), or by reputable delivery service (effective upon delivery), or by certified mail, Speed Post, RPAD (effective 4 (four) days after posting) at the above-mentioned addresses or as amended.
  • All legal notices or demands to or upon a user shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence or email address provided by the user to us, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as we may deem fit in its discretion. 
  • Notice to a user shall be deemed to be received by such user if and when, (a) we can demonstrate that communication, whether in physical or electronic form, has been sent to such user, or b) immediately upon us posting such notice on an area of the Platform that is accessible by the user or publicly accessible without charge. 
  • If the user changes its address, it shall, before the date of such change, notify us in writing. 
  1.    RELATIONSHIP
  • These Terms are on a principal-to-principal basis between the Parties hereto. This does not make either Party an employee, agent, or legal representative of the other for any purpose whatsoever. Neither Party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other Party.

20. MISCELLANEOUS 

  • In addition to these Terms, you will also ensure that you comply with the terms and conditions of the third parties, such as bank offers terms and conditions, and brand promotional offers, whose links, if any, are contained/embedded in the Platform. You agree that we will not be liable for any transaction between you and any such third parties.
  • These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms.
  • You shall not assign and/ or transfer any of your rights and obligations hereunder without our express prior written approval.
  • Our delay or failure to enforce any provision of these Terms, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent us from enforcing any or all provisions of these Terms and exercising any rights or remedies in the future. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  • No remedy conferred by any provision of these Terms is intended to be exclusive of any other remedy except as expressly provided for in these Terms and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or existing at law or in equity, by statute or otherwise.
  • You agree to cooperate with us and execute and deliver to us such instruments and documents and take such other actions as may be reasonably requested from time to time to carry out, evidence and confirm their rights hereunder and the intended purpose of these Terms and to ensure the complete and prompt fulfilment, observance, and performance of the provisions of this Agreement and generally that full effect is given to the provisions of this Agreement.
  • We may, on our own, or by engaging a third-party auditor at our expense, and, upon our request thereof to you, examine any records, invoices and/or other data or documents that are necessary to establish your compliance or non-compliance with this Agreement.
  • You will comply with all applicable anti-corruption laws, including, to the extent applicable to you and any other Indian law including the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988. You will not, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any official or employee of any government, government agency, political party, public international organization, or any candidate for political office, to (a) improperly influence any act or decision of such official, employee, or candidate to promote your business interests in any respect; or (b) otherwise improperly promote the business interests of Bizongo in any respect, in each case in violation of applicable law. You will not retaliate against anyone who has, in good faith, reported a possible violation of this clause or refused to participate in activities that violate this clause to the extent prohibited by applicable law. Bizongo shall be entitled to terminate these Terms and your registration on the Bizongo Platform immediately upon your breach of this clause.