This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under, 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.
Export-Import Bank of India (“Exim” or “us” or “we”) is the author and publisher of the internet resource owns and operates the Website www.eximmitra.in.
These Terms and Condition constitute the User agreement (the “Agreement” or “Terms”) between Exim and the user of Exim Services. Your use of Exim Services would be accessible at www.eximmitra.in. By using this Website owned, hosted or maintained by Exim, you, the user, are deemed to have agreed to comply with the following terms and conditions of use, which is a legally binding agreement between you and Exim. These Terms govern your use of the Website, Materials and your content. For the purpose of these Terms, wherever the context so requires “you” or “your” or “user” or “customer” shall mean any natural or legal person who registers on the Website as a registered user or browses the Website.
Export-Import Bank of India is the premier export finance institution of India. It commenced operations in 1982 under the Export-Import Bank of India Act 1981. Government of India launched the institution with a mandate to not just enhance exports from India, but also to integrate the country’s foreign trade and investment with the overall economic growth.
Exim offers a technology platform on www.eximmitra.in.
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms or by any domestic or international laws, statutes, ordinances and regulations. Your use of Website is your responsibility.
As between Exim and you, Exim is the sole owner of all content on the Website including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. The copyright in the contents of the Website is owned by Exim.
You are permitted to access the Website in accordance with the following terms and conditions:
No part of the contents of this Website may be modified, transmitted, or otherwise used without the express permission of Exim, except as provided herein.
Unless specifically requested, Exim does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. By submitting or sending information or other material to Exim, you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Exim, you grant Exim the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Exim, and its directors, officers, employees, agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.
References on the Website to Services and products or supplied software are provided by Exim on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Exim specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Exim does not warrant or guarantee: (i) that any portion of the Website will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.
Under no circumstances, including, but not limited to, negligence, shall Exim, be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials and services on this Website or any other Exim website, even if Exim or a Exim authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall Exim have any liability to you herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise).
Content featured on this Website may be reproduced free of charge after taking proper permission by sending a mail to us. However, the content has to be reproduced accurately and not to be used in a derogatory manner or in a misleading context. Wherever the content is being published or issued to others, the source must be prominently acknowledged. However, the permission to reproduce this material shall not extend to any material which is identified as being copyright of a third party. Authorization to reproduce such content must be obtained from the copyright holders concerned.
Exim logos are trademarks and/or service marks of Exim. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Exim.
Other names, company names, brand names, registered and unregistered trademarks or service marks and logos ("the Marks") are the property of their respective holders. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.
You may use the Website without registration however, to participate in certain activities of the Website you may be requested to provide certain information or create an account with our Website or with any other third party permitted by the Website. In the event you wish to create an account with us or provide information you may do so by completing the registration process. You agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and login ID. You are solely responsible for maintaining the confidentiality of your password and account.
If at any time Exim believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete Exim reserves the right to cancel your account and block your access to Website.
You are entirely responsible for any and all activities that occur under your account. You agree to notify Exim of any unauthorized use of your account or any breach of security. Exim will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.
You are entirely responsible for all the use of services provided by the Website of Exim through your account and Exim will not be liable and won’t indemnify for any loss that you may incur by either using the services or acting upon any information provided by the services either directly or indirectly or by any other means.
Details of User Accounts and passwords are stored according to the encryption and cyber security guidelines laid down by the Government of India. However Exim takes no responsibility for the protection of the same, and would not be liable under any condition to indemnify anyone for the breach of the same.
Linked sites are not under the control of Exim and Exim is not responsible for the contents of any linked site or any link contained in a linked site. Exim provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Exim of the site. Exim has no control over such third party website or any offsite dealings with such third parties and the same is at your own risk. Exim cannot guarantee the availability of such linked pages at all times.
The Website grants you a limited permission to access and make personal use of this Website and not to download (other than page caching) or modify any of its portion. This permission does not include any resale or commercial use of this Website or its contents; descriptions, any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, reverse engineered or otherwise exploited for any commercial purpose without our express written consent.
You may not use any proprietary information (including images, text, page layout, or form) of www.eximmitra.in without express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission granted by us. You shall not use any logo or other proprietary graphic or trademark of Exim as part of the link.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not www.eximmitra.in, are responsible for all electronic communication and content sent from your computer/mobile phones to us and you must use the Website for lawful purposes only.
The Website may contain multi-lingual options, however we do not guarantee or take liability for error-free translation and you are solely responsible for your actions based on the translation which may include but is not limited to the usage of services of the Website, acting upon the content of the Website etc.
Some of the services might be available only for the purpose of training and knowledge providing facilities. We take utmost care in maintaining the latest information, however you are advised to please verify the content and information before acting on it. Exim takes no responsibility and liability for the content available on these services.
Some of the services might have terms and conditions specifically with regard to those services. You are advised to read and understand the terms and conditions before using or acting on them directly or indirectly.
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error free and that the Website and its Services do not face any technical failures. However, due to the nature of the internet and the available technology, this cannot be guaranteed. Also, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or introduction of new facilities or Services at any time without prior notice.
However Exim takes no guarantee and liability of the services, content and products whether provided directly by Exim or by a third party available on the Website and you will be solely responsible for all actions taken by you either directly or indirectly with regard to the services, content and products, whether you acted on this Website or otherwise. Exim won’t indemnify you for any losses suffered by you in this regard.
The Website may use Third Party Tools, including tools for web and mobile analytics. Third Party Tools uses “cookies”, which are text files placed on your device, to help analyze how users use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Third Parties on servers in India or Cloud (any part of the world). Third Parties will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for operators and providing other Services relating to Website activity and Internet usage. Third Parties may also transfer this information to other parties where required to do so by law, or where such other parties process the information on Third Parties behalf. By using this Website, you consent to the processing of data about you by Third Parties in the manner and for the purposes set out above.
Some part of the Website may contain advertising information or promotion material or other material submitted to Exim by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings, or participation in promotions of advertisers, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Exim will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. Exim reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
While Exim uses reasonable efforts to include accurate and up-to-date information on the Website, Exim, makes no warranties or representations as to its accuracy. Exim assumes no liability or responsibility for any typographical or other errors or omissions in the content or regarding any information of user. Using the Website indicates that you accept these Terms. In the event of any false or misleading information, Exim shall have the right to blacklist the particular user.
While Exim takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. Exim does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Website at any time without notice to you. While Exim makes reasonable efforts to prevent unauthorized tampering with the Website, Exim does not guarantee that its efforts will always be successful. Therefore, as set below, Exim does not warranty that the Website materials will be error-free, and disclaims any liability for such errors.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. The courts at Mumbai, India shall have exclusive jurisdiction over any claims or matters arising out of these Terms and Conditions.
We make no representation that materials on this Website are appropriate or available for use in locations outside India. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
Use of the Exim Website is at your sole risk. While Exim makes reasonable efforts to ensure the safety and functionality of our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL EXIM OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED ON THIS WEBSITE OR ANY WEBSITE RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER WEBSITE), ON ANY THEORY OF LIABILITY. EXIM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF EXIM HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXIM HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Exim and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use or misuse of this Website, without limitation, any actual or threatened suit, demand, or claim made against Exim arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party.