Terms of Use & Disclaimer

Last updated on 24.11.2021

TERMS OF USE

 

These terms of use (the “Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on the web based platform www.nsws.gov.in (the “Platform”), developed, owned, operated and managed by Invest India, a not for profit joint venture between the Department for Promotion of Industry and Internal Trade (“DPIIT”), Ministry of Commerce and Industry, State governments and industry associations having its office at 225, 1st Floor, Vigyan Bhawan Annexe, Maulana Azad Road, New Delhi-110011, India ( “Invest India”).

This Terms is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms is (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by Invest India.

Invest India retains an unconditional right to modify or amend these Terms and will notify You of the same. By clicking the “I accept” button below, You unconditionally agree to these Terms and they may be modified and/or supplemented any time by Invest India. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same.

Further, by furnishing Your Personal Information to Invest India or giving Your consent to Invest India to access Your Personal Information for the purpose of rendering the Platform Services (as defined below), You also agree that You are interested in availing the Platform Services through the Platform in accordance with these Terms.

 

Platform Services

  • You acknowledge that the Platform allows You to avail the following services including:
    • limited, non-exclusive, non-transferable, and royalty free license to use the Platform as a single window system for the purposes of:
      • ascertaining and determining requisite approvals, licenses and registrations from various Central and State authorities in India (collectively “Approvals and Registrations”) that may be applicable to You based on the information provided by You through the ‘Know your Approvals’ (“KYA”) feature of the Platform;
      • ascertaining and determining requisite approvals, applying and obtaining various Approvals and Registrations from relevant Central or State Ministry, department, or authority (collectively “Ministry” or “Ministries”);
      • making payment of relevant fees for the Approvals and Registrations to the relevant Ministries; and tracking the status of applications made by You for Approvals and Registration on the Platform.
  • creating a common document library on the Platform of all the documents uploaded by You for the purpose of applying for Approvals and Registrations and of all Approvals and Registrations obtained by You by availing Platform Services.

    The aforementioned services shall be collectively referred to as the “Platform Services”. Invest India may, at its discretion, add, modify, or remove any of the Platform Services listed above from time to time without special notice. Invest India reserves the right to provide You access to the Platform Services in respect of any Ministry and You are recommended to please check if the Approvals and Registrations in respect of the relevant Ministry is available on the Platform or not.

  • Invest India is only a facilitator assisting in the process of obtaining Approvals and Registrations by You from various Ministries and Invest India is not in any manner responsible or liable for the Approvals and Registrations, including but not limited to the application forms, process, status, timelines, and decision on the approval or rejection of the respective application submitted by You. All activities with respect to the Approval and Registration are solely handled by the relevant Ministry to whom such application for Approval and Registration has been made.
  • Invest India does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Products and Platform Services; and (ii) discriminate between Users of the same class or makes any arbitrary classification of the Users.

 

Eligibility to Use

  • Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract i.e., above 18 (eighteen) years of age (ii) not a person barred from receiving the Platform Services from the Platform under the applicable laws; and (iii) competent to enter into a binding contract. In case You are accessing the Platform as a representative of and on behalf of a legal entity or organisation, (i) You represent and warrant that You have the full authority to represent the legal entity and have power to bind them; and (ii) You understand that the Privacy Policy, upon acceptance by You, is applicable to and binds all other persons accessing or using the Platform and the Platform Services on behalf of the same legal entity or organisation for this purpose.

 

User Account, Password and Security

  • In order to access Platform Services except the Platform Service mentioned in paragraph (i) of Clause 1.1 above, You will have to register on the Platform by providing requisite details as may be required by Invest India and provided for in the Privacy Policy (“Account”).
  • You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
  • You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Invest India for information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if Invest India has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Invest India has the right to refuse any and all of the Platform Services to You.
  • You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that You use to access the Platform Services and for any activities or actions under Your Account. You are encouraged to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with Your Account and with other accounts that You may connect to Your Account (such as Your email account).
  • You agree to (a) immediately notify Invest India of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Invest India cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements. Further, Invest India will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge.
  • You may be held liable for losses incurred by Invest India or any other user of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

 

Payments Related Information

  • Invest India does not charge any fee from You for allowing You to access the Platform Services through the Platform.
  • All payments made by Users through the Platform shall be to the concerned Ministries directly in respect of the application fees (if applicable) and or any other applicable fees.
  • To the extent permitted by applicable law and subject to the Privacy Policy, You acknowledge and agree that Invest India may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
  • For the purpose of facilitating the payment of fees through the Platform, You undertake to use and provide valid bank details or other details. (“Payment Details”) By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
  • Except to the extent otherwise required by applicable law, Invest India is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, Invest India is not liable for any payments that do not complete because: (a) Your bank account or any other payment did not contain sufficient funds to complete the transaction; (b) You have not provided Invest India with correct Payment Details; (c) Your payment card has expired; or (d) circumstances beyond Invest India’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
  • Invest India shall not be responsible for any unauthorised transactions conducted on our Platform using Your Payment Details.

 

Refunds

  • You may access the Platform and the Platform Services without charge, therefore, Invest India shall not be obligated to refund any monies to Users in any circumstance including any application fees, or any other fees paid or due to Users by the concerned Ministries. You are requested to please contact the relevant Ministry to whom the payment has been made in respect of any request for refund.

 

Third Party Websites, Hyperlinks and Materials

  • The Platform may contain materials contributed by third parties and Invest India may, to provide access to information provided by third parties, provide or assist in providing links to external websites through the Platform. Invest India has not approved or endorsed any of the materials contributed by third party websites or any external websites linked to the Platform. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with the Invest India of any such third parties or external websites.
  • The provision of, or assistance in providing, materials contributed by third parties on this website or links to external websites give rise to no statement, representation or warranty, express or implied, that Invest India agrees or does not disagree with the contents of any such materials or external websites and Invest India will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites delivered on or via this website or inability to use any of them.
  • Invest India may include links to external websites and success stories (or case studies) to help users better understand the Indian market, however, Invest India’s inclusion of such links and content does not imply any endorsement of any material on linked sites or recommendation of that company or provider over another.

 

Use of Platform

  • Subject to compliance with the Terms, Invest India hereby grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted under the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Platform Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by Invest India and/or other Users.
  • You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Invest India. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
  • Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
    • belongs to another person and to which the User does not have any right;
    • is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
    • is harmful to child;
    • infringes any patent, trademark, copyright, or other proprietary rights;
    • violates any law for the time being in force;
    • (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    • impersonates another person;
    • 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 other nation;
    • contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
    • 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;
    • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
    • violate the Terms contained herein or elsewhere; and
    • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
  • Subject to compliance with the Terms, Invest India hereby grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted under the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Platform Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by Invest India and/or other Users.

 

Intellectual Property Rights

  • The Platform and all processes and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned by Invest India and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The Content however does not include any content in relation to the Approvals and Registrations and approval process prescribed by relevant Ministries, and such content is owned by the relevant Ministry.
  • The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Invest India or other respective third parties, as the case may be. You are not permitted to reproduce or distribute or otherwise use the Marks without the prior consent of Invest India or the third party that may own the Marks.
  • Invest India shall not at any point of time hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the application forms, applications applied for and the registrations obtained by the Users.

 

Disclaimer of Warranties & Liability

  • You expressly understand and agree that, to the maximum extent permitted by applicable law:
    • You have been given access to the Platform and other Content by Invest India on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Invest India makes no warranty that the Platform or Platform Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from Invest India or by the use of the Platform shall create any warranty not expressly stated in the Terms.
    • THE LIST OF APPROVAL AND REGISTRATIONS PROVIDED BY THE KYA FEATURE ON THE PLATFORM AS MENTIONED IN CLAUSE 1.1(I) OF THE TERMS IS ONLY AN INDICATIVE LIST OF APPROVALS AND REGISTRATIONS WHICH MAY BE REQUIRED BY YOU, AND IT IS ENTIRELY DEPENDENT ON THE INPUTS PROVIDED BY YOU. THE INFORMATION OR INPUTS PROVIDED BY YOU MUST BE COMPLETE AND ACCURATE - INVEST INDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS, CORRECTNESS OF THE LIST OF APPROVALS AND REGISTRATIONS, OR ANY INFORMATION PROVIDED ON THE PLATFORM THROUGH THE KYA FEATURE OF THE PLATFORM AND IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY LOSS OR DAMAGE CAUSED TO YOU ARISING OUT OF THIS LIST. YOU ARE STRONGLY RECOMMENDED TO UNDERTAKE YOUR INDEPENDENT ANALYSIS AND EVALUATION OF LICENSES AND REGISTRATION APPLICABLE TO YOUR BUSINESS.
    • THE PLATFORM AND INFORMATION CONTAINED THEREIN IS ONLY FOR INFORMATIONAL PURPOSES AND DOES NOT IN ANY MANNER CONSTITUTE LEGAL ADVICE OR CAN BE CONSTRUED AS A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL ADVICE. USERS SHOULD OBTAIN ANY APPROPRIATE PROFESSIONAL ADVICE RELEVANT TO THEIR PARTICULAR CIRCUMSTANCES. THE PLATFORM DOES NOT, IN ANY CASE, REPLACE PROFESSIONAL GUIDANCE ON MATTERS CONCERNING ACCOUNTING, TAX, THE LAW OR OTHER SUCH SPECIFIC AREAS.
    • Invest India has endeavoured to ensure that all the information on the Platform is correct and up to date based on inputs received by Invest India from the concerned Ministries, however, Invest India neither warrants nor makes any representations regarding the correctness or completeness of any data (including forms and applicable laws or change in law) or information regarding the Approvals and Registrations applicable to You or any other Platform Services provided on the Platform.
    • Invest India shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Invest India shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Invest India’s reasonable control.
    • Invest India shall not be responsible for any delay or inability to use of any third party websites or hyperlinks provided on the Platform or for delay or inability to access or be serviced by the websites of concerned Ministries for the purpose of acquiring Approvals and Registrations applicable to You or for any other purpose.
    • The relevant Ministry to whom the application for a registration, licence or approval has been made is solely responsible for approving the application and issuing the relevant licences, and registration, as applicable to You. Invest India does not in any manner exercise any control or influence over the Ministries in respect of the application and approval process.
    • While Invest India shall endeavour to provide a real time status of the application(s) applied for through the Platform, Invest India is not responsible for any error or omission which may arise due to reasons beyond the reasonable control of Invest India.

 

Indemnification and Limitation of Liability

  • You agree to indemnify, defend and hold harmless Invest India including but not limited to its officers, directors, consultants, agents, representatives and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.
  • In no event shall Invest India and its officers, partners, consultants, agents, and employees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.
  • The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

 

Violation of the Terms

  • You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Invest India, for which monetary damages would be inadequate, and You consent to Invest India obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Invest India may have at law or in equity.

 

Suspension and Termination

  • The Terms will continue to apply until terminated by either You or Invest India as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
  • Invest India may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have violated any term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until Invest India chooses to terminate them.

 

Governing Law and Jurisdiction

  • These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at New Delhi, India.

 

Grievance Redressal Mechanism

  • Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Platform Services, You can send an email at contactus-nsws@investindia.org.in.
  • By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.
  • Invest India shall not be responsible to redress grievances of Users with regard to any of the services provided by the concerned Ministries whether the application for Approvals and Registrations is made directly through the Platform or not.

 

Communications

  • You hereby expressly agree to receive communications by way of SMS, telephone calls, WhatsApp /or e-mails from Invest India and other third parties duly authorised by Invest India. You hereby expressly consent to the monitoring and recording, by Invest India of any and all communications between You and Invest India or its agents, employees, consultants, contractors, or representatives of Invest India or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws.
  • You can unsubscribe or opt-out from receiving communications through SMS and e-mail from Invest India. In which case, Invest India will only send You communications solely required for the purposes of the Platform Services provided through the Platform.

 

General Provisions

  • Notice: All notices from Invest India will be served by email to Your registered email address or by general notification on the Platform.
  • Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Invest India’s rights under the Terms are freely transferable by Invest India to any third party without the requirement of seeking Your consent.
  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
  • Force Majeure: Invest India and/or the Platform shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to the Platform or any Platform Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.

 

IP Infringement

  • If You believe the Platform violates Your intellectual property, You must promptly notify Invest India in writing at contactus-nsws@investindia.org.in. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
    • the intellectual property that You believe is being infringed;
    • the item that You think is infringing and include sufficient information about where the material is located on the Platform;
    • a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
    • Your contact details, such as Your address, telephone number, and/or email;
    • a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
    • Your physical or electronic signature.

 

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