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