Terms and conditions
- ABB will provide certain tools or guidance as part of the Marketplace to facilitate and support the selection, configuration, sale and purchase of ABB Products through the Marketplace, such as comparing of ABB Products and pricing and configuration of ABB Products. Any guidance ABB provides as part of the Marketplace, and any guidance that may be provided by third parties, is solely for informational purposes and users may decide to follow it or not. ABB has no control over and is not responsible for the existence, quality, safety or legality of items advertised; the truth or accuracy of seller’s or buyer’s content or seller’s listings; the ability of sellers to sell items; the ability of buyers to pay for items; sellers performance and fulfillment of a contract; satisfactory or timely delivery of or quality of an item or performance of a service; or that a buyer or seller will actually complete a transaction or return an item.
- The ABB legal entity you are contracting with for the use of the Marketplace is ABB India Limited (“ABB”, “we” or “us”).
- This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as 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. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
- Access to and use of the Marketplace
- Your access and use of the Marketplace may require you to establish an account or to otherwise register on the Marketplace. For purposes of administrating the account and/or the sale and purchase process, you may be further required to provide contact information (for example name, business telephone number, address, email and user IDs) and other information as described in the registration form provided on the Marketplace. You are responsible for the accuracy and completeness of this information and for any and all activities that occur under an account or registration that is attributable to you (including, for the avoidance of doubt, activities by third party users). You will ensure that (i) the individual users securely store and keep credentials (e.g. username, passwords, certificates, keys) confidential; (ii) the credentials that are allocated to a specified individual user are only used by such user; and (iii) the account is only used in relation to the Marketplace and in such a way so as not to impair or compromise the stability or security of the Marketplace. You shall notify us immediately on discovering any attempted or actual unauthorized use of an account and immediately follow our instructions when we ask you to change an individual user’s access credentials. We reserve the right to change a user’s access credentials if we are of the opinion that such change is necessary for security or other relevant reasons.
- Transactions on the Marketplace are available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are not competent to contract within the meaning of the Indian Contract Act, 1872, are not eligible to use the Marketplace. If you are a minor i.e. under the age of 18 (eighteen) years, you may use the Marketplace or access content on the Marketplace only under the supervision and prior consent/ permission of a parent or a legal guardian.
- The provision of the Marketplace requires us to monitor your usage of the Marketplace for legitimate purposes, such as (i) providing, maintaining and developing the Marketplace; (ii) preventing, detecting and repairing problems related to the security and/or the operation of the Marketplace; (iii) charging, if any, for seller’s access to and use of the Marketplace; (iv) creating reports, e.g. number of products sold by a seller, global revenue by product category; and (v) improving the user experience of the Marketplace.
- We may discontinue all or parts of the operation of the Marketplace at any time or make any reasonable changes to the Marketplace from time to time. We will notify you of any change in functionality with a material adverse effect or of any discontinuation of the Marketplace by appropriate means and as soon as reasonably practical. By continuing to use the Marketplace despite the notification, you agree to the respective change. It is in our sole discretion whether we maintain providing prior versions of the Marketplace for a certain time period and we will notify you if we do maintain providing such prior versions.
- Data protection
- Without prejudice to the generality of the foregoing, you hereby acknowledge and agree that ABB may use Personal Data for the purposes of its own research and analytical purposes. Further, you hereby grant to ABB, express consent to disclose such Data as is required to be disclosed by ABB to fulfil its obligations hereunder and/or under applicable laws, on a need to know basis, as ABB may at its sole discretion deem fit.
- We may share Data with our other corporate entities and affiliates and third parties. This disclosure may be required for us to provide you access to the Marketplace, to comply with our legal obligations to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the Marketplace. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
- You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Marketplace) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- “Data” shall have the meaning assigned to it under the Data Privacy Law;
- “Data Principal” shall mean, in relation to any Personal Data, the individual to whom such Personal Data relates;
- “Data Privacy Law” shall mean any and all Indian laws or regulations relating to the Personal Data of Indian citizens and/or residents and shall include the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and any and all amendments thereto;
- “Personal Data” shall have the meaning assigned to both “personal data” and “personal information” under the Data Privacy Law; and
- “Sensitive Personal Data” shall have the meaning assigned to it under the Data Privacy Law.
- Your responsibilities
- You will: (i) obtain and maintain all necessary licenses, permissions, filings and consents (which shall include consent of individuals where you provide Personal Data to us) which may be required regarding your access to and use of the Marketplace and any content provided by you in connection with the Marketplace and your accounts; (ii) when using External Content, comply with the respective terms and conditions of use and the license terms and conditions in connection with External Content; (iii) comply with all terms and conditions in connection with the contract of sale; (iv) ensure that all users comply with the terms and conditions of the Acceptable Use Policy; and (v) comply with all applicable laws.
- You will co-operate with us in all matters relating to the Marketplace and provide us with such information and materials as we may reasonably require in order to provide and operate the Marketplace. In addition, you will inform us without undue delay upon becoming aware of any circumstances that may or do affect the security of the Marketplace.
- Purchase process
- The Marketplace will facilitate a purchase and sales process provided by a third party for the seller to sell to the buyer and the buyer to buy from the seller. The process and related terms and conditions will be provided on the Marketplace. We do not operate or control such purchase and sales process but may monitor the use of the Marketplace in accordance with Section 2.5 above. We will, under no circumstance, and in no manner, be responsible for the services provided by such third party, including but not limited to, transfer of money by such third party or any amount debited from your bank account in pursuance of such payment, or any failure of payment transactions, or any refunds.
- Charges for access to and use of the Marketplace
- We may charge the seller for accessing and using the Marketplace or for any other separately agreed charges, e.g. penalty charges in case of order cancellations or wrong deliveries. Such charges, if any, and related payment terms will be agreed separately.
- Proprietary rights
- In the course of your use of the Marketplace, you may provide feedback or suggestions related to the Marketplace and in case you are a buyer you may provide feedback related to the seller. We and our affiliates are entitled to use such feedback and suggestions, even if they should be marked confidential, without any restrictions and any compensation to you.
- Warranty and indemnity by you
- Disclaimer of warranties; Geographic scope
- We have taken precautions to keep the Marketplace safe, secure, and functioning properly, but we cannot guarantee the continuous or uninterrupted operation or availability of or access to the Marketplace.
- You agree that you are making use of the Marketplace at your own risk and that the Marketplace, all content, services, additional tools, features, guidance and information provided by us, is being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, non-infringement and/or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Marketplace. You hereby expressly release ABB and/or our affiliates, as well as our and their subcontractors, directors, officers, employees, agents and representatives from any cost, damage, liability or other consequence of any of the actions or inactions of the users of the Marketplace and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- Unless otherwise specified, the products on the Marketplace are presented solely for the purpose of sale in India. ABB makes no representation that products and services on the Marketplace are appropriate or available for use in countries other than India. Those who choose to access the Marketplace from countries other than India do so on their own initiative and ABB is not responsible for supply of products or services and/or refund for the products or services ordered from countries other than India and/or compliance with local laws, if and to the extent local laws are applicable.
- Limitation of liability
- If we are found to be liable, regardless of Section 10.1 above, our liability to you or to any third party is limited to the amount of US Dollar 100 (one hundred). This shall be the sole and exclusive remedy available to you.
- The limitations and exclusions of liability also apply to the benefit of our affiliates, as well as our and their subcontractors, directors, officers, employees, agents and representatives.
- Some jurisdictions do not allow or do limit the disclaimer of warranties in Section 9.2 above or exclusion or limitation of damages in Section 10.1, 10.2 or 10.3 above. If this is the case the disclaimers, exclusions and limitations shall apply to you only to the fullest extent permitted by applicable law.
- Suspension and termination
- Export control or sanctions
- You will not export, directly or indirectly, any product, software or technical data acquired when using the Marketplace in breach of any applicable export control or sanctions laws, including, if applicable, those of the United States, and you will obtain any export licenses or other government approvals required for such exports. In addition, if requested by us, you will provide us with any reasonable assistance that is necessary for us to perform any activity required by government authorities, or otherwise to comply with export control or sanctions laws.
- You will contractually oblige any third party to whom you might disclose, transfer or export products, software or data that you procure pursuant to a contract to comply with export control and sanctions requirements equivalent to those in Section 12.1.
- Disputes related to the use of the Services and the Marketplace
- Disputes related to a contract of sale
Any dispute, controversy or claim arising out of, or in relation to, a contract of sale shall be exclusively between the seller and the buyer. If you have a dispute with one or more users, you release us (and our affiliates, and the respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Disputes related to the use of the Services and the Marketplace
- General provisions
- We are permitted to appoint and use affiliates and other third parties to perform our obligations or any portion thereof without prior notification to or consent of you.
- Code of conduct and anti-bribery law. We maintain a set of codes of conduct and guidelines related to our, our employees' and our contractors' business conduct, including anti-bribery, anti-corruption and conflict of interest, and we require our suppliers to comply with such codes of conduct or have equivalent codes of conduct, accessible at https://new.abb.com/about/integrity/standards/abb-code-of-conduct. You shall comply in your business conduct with standards that are equivalent.
- When you use the Marketplace or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email, by posting information on the Marketplace site or by such other mode of communication, electronic or otherwise.
- Grievance officer. In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
ABB India Limited.
88/3-88/6 Basavanahalli Village, Kasaba Hobli, Bangalore North, 562123, Bangalore, Karnataka, India