e-Procurement Portal Usage Agreement

https://eproc.hal-india.com is an e-Procurement Portal of HAL. The website is owned and managed by Hindustan Aeronautics Limited (HAL), India.

Contents of this web-site shall not be reproduced partially or fully, without due permission from HAL. If referred to as a part of another publication, the source must be appropriately acknowledged. The contents of this website cannot be used in any misleading or objectionable context.

Though all efforts have been made to ensure the accuracy of the content on this web-site, the same should not be construed as a statement of law or used for any legal purposes.

In order to create a user account and use the e-Procurement Portal, you must read and accept the e-Procurement Portal Usage Agreement.

TERMS AND CONDITIONS OF E-PROCUREMENT USAGE AGREEMENT

Copyright © 2011 HAL. All rights reserved.

International copyright and trademark laws protect the entire contents of the Site. The owner of the copyrights and trademarks is Hindustan Aeronautics Limited, 15/1 Cubbon Road, Bangalore.

You may not modify copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material/content of the e-Procurement Portal, including text, graphics, code and/or software.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials for your own purposes.

HAL provides registration of bidders with e-Procurement Portal and related services, free of cost, subject to your compliance with the userís terms and conditions. Please read the following information carefully. You may not complete your registration and use the e-Procurement Portal without agreeing to comply with all of the userís terms and conditions, and by registering for a User name and Password. You agree to abide by all of the userís terms and conditions set forth below.

Bidder Registration, Password and Security

Upon successful completion of Registration online, User ID and Password will be registered. You can log-in only by selecting secure mode and signing with Digital Signature.

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify HAL HELPDESK at ephelpdesk@hal-india.com about any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you log-out from your account at the end of each session. HAL cannot and will not be liable for any loss or damage arising from your failure to comply with the foregoing.

Registered user can always modify or update their profile as and when required at their discretion [Except ĎUser IDí and ĎCompany nameí].

Modification of software

HAL reserves the right to modify, add, delete and/or change the contents and classification and presentation of the information on HALís e-Procurement Portal at any time as it may in its absolute discretion find to be expedient and without giving any notice. The modification of the software would be done by HAL. It is the user's responsibility to refer to the terms & conditions and/ or any change or addition to the same while accessing the site.

System Requirements

It is userís responsibility to comply with the system requirements: hardware, software, Internet connectivity at user premises to access HALís e-Procurement Portal. HAL is not responsible for non-compliance for the above by user. Bidder's inability to complete time bound business transactions on e-Procurement Portal due to system or Internet constraints or lack of understanding for use of portal, cannot and will not be a responsibility of HAL.

Bid Submission Acknowledgement

The user should complete all the processes and steps required for Bid submission. The successful Bid submission can be ascertained once acknowledgement is given by the system through ďBid Control numberĒ after completing all the processes and steps. HAL is not responsible for incomplete bid submission by users. Users may also note that the incomplete bids will not be saved by the system and are not available for the tender inviting authority for processing.

Upload files

The bidders have to ensure that the files being uploaded by them are free from all kinds of viruses and contain only the relevant information as stated by the tender inviting authorities for the particular tender. If any bidder / company has uploaded / attached irrelevant data, bogus or fabricated certificates towards his qualification requirements to the respective tender then their user account will be liable for termination permanently or temporarily without any prior notice.

User Conduct

You agree that all information, data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the e-Procurement Portal. HAL do not control the Content posted via the e-Procurement Portal and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will HAL be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Site. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data to and from India or the country in which you reside.

Links

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HAL has no control over such sites and resources, you acknowledge and agree that HAL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HAL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Governing Law

Terms shall be governed by, and construed in accordance with, Indian law. The parties irrevocably agree that the courts of Bangalore shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts at BANGALORE, irrespective of whether Courts/Tribunals in other areas have concurrent or similar jurisdiction.

HAL reserves the right to initiate any legal action against those bidders violating all the above mentioned terms & conditions of e-Procurement Userís agreement.

Modification of terms of Agreement

HAL, reserve the right to add to or change/modify the terms of this Agreement. Changes could be made by us after the first posting to the Site and you will be deemed to have accepted any change if you continue to access the Site after that time. This Site reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

Our Policy and Security

General Policy

HAL is committed for protecting the privacy of our e-Procurement site visitors. We do not collect any personal or business information unless you provide it to us voluntarily when conducting an online transaction on the Site.

Information Collected

When you choose to provide personal or business information to us to conduct an on-line transaction, we use it only for the purpose of conducting the specific on-line transaction that you requested. The information is also used for the purpose of bidder searches. For each on-line transaction, we require only the minimum amount of personal and business information required to process your transaction.

When you visit our portal to browse, read pages, or download information, we automatically collect and store only the following information:

  • The Internet domain and IP address from which you access our portal;
  • The date and time you access our portal;

This information would help us make our site more useful to visitors--to learn about the number of visitors to our site and the types of technology our visitors use.

We do not give, share, sell or transfer any personal information to a third party unless required to do so by law. If you do not want any personal or business information collected, please do not submit it to us; however, without this information we will be unable to process your on-line transaction. Review, update and correction of any personal or business information can be done directly in the Site.

Use of Cookies

When you choose to enter into an online transaction, we use cookies to save the information that you input while progressing through the transaction. A cookie is a very small amount of data that is sent from our server to your computerís hard drive. By setting this cookie HAL will remember you the next time you visit and wonít have to bother you by asking questions you have already answered (like address information). If your browser is not configured to Ďacceptí cookies, you will still be able to access the information on our web-site, but you may not be able to perform online transactions.

Security

The Site has security measures in place to protect against the loss, misuse and alteration of information under our control.

Bid Submission

Bid must be submitted online through HAL's "e-Procurement Portal" at https://eproc.hal-india.com . Bidder shall submit both "Technical Bid" and "Price Bid" as per the terms of RFQ through HAL's e-Procurement Portal only. Bids submitted in any other form, such as courier/ post/ in-person/ fax shall not be accepted against e-Tenders.

Any change in bid after the "Due Date & Time of Bid-Submission" of Tender is not allowed. Bidders are advised, in their own interest, to ensure that their bids are submitted well before the ďDue Date & Time of Bid-Submission" of the Tender as HAL's "e-Procurement System" at https://eproc.hal-india.com will not allow submission of bids once the closing date and time of the Tender (i.e. Due Date & Time of Bid-Submission) is reached. HAL shall not be responsible if bidder is not able to submit the bid on account of failure in network / internet connection at bidder's end.