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Terms and Conditions for Buying and Bidding process of "Guru Yatra" Workshop

About "Guru Yatra" Workshop

As management practices get set to scale new paradigms of change; keeping updated is the only law of survival in the corporate jungle. And, to keep one step ahead, keen academicians and practitioners of repute in the business find themselves on a journey of change, of learning… and sharing – with Guru Yatra. A one of its kind travelling seminar series based on business books authored by IIM Ahmedabad professors and facilitated by the authors themselves.

This series is conceptualised by Red Hot Mirchi Consultants Private Limited (RHM) and initiated by Times Grey Cell, comprises launch of special workshops; revalent to Indian business markets with Indian case studies that set a context to a rising global change.

  1. Guru Yatra Bidding Platform is the only platform for availing the Guru Yatra IIMA Business Books and Seminar Series content of which is based on business books written by IIMA Professors. The Guru Yatra IIMA Business Books and Seminar Series is managed and organized by Red Hot Mirchi Consultants Private Limited (RHM)

  2. This Guru Yatra Bidding Platform is organized and managed by Red Hot Mirchi, through C-soft developers which is subject to Terms and Conditions mentioned below.

  3. Guru Yatra is a series of three workshops with four IIM-A professors, based on four books authored by them. These workshops are only awarded to three qualified corporate in the manner stipulated below.

  4. “Guru Yatra” workshop includes 4 half a day session from four IIM-A professors based on agreed upon topics.

About Qualification / Disqualification Criteria

Qualifications:  The following are the minimum set of qualifications all of which are required to be fulfilled by the bidder through the ‘Bidding Process’ (“Bidder Company”) or entity wishing to buy the Guru Yatra workshop under Buy Now Option (“Buying Company”) . The Bidder Company (ies) and the Buyer Company (ies) shall together be referred to as the “Participating Company”:

  1. The Participating Company should be a company registered as either a Public Limited or a Private Limited company under the Companies Act, 1956.

  2. Participating Company should have a Turnover of at least Indian Rupees 500 crores as per the latest audited financial statements of the Company (i.e. FY 2009-2010).

  3. Participating Company should be a responsible Corporate Citizen and should be honoring its commitment on a timely basis to all the regulatory stake holders – Government dues and Tax commitments.
Disqualification:  The Participating Company would be disqualified if the Participating Company falls into any one or more of the following disqualification criteria

  1. Participating Company is a political agency or a political party or actively involved in politics or run for political purposes.  Note that the Participating Company will not be disqualified under this ground if the share of any political party / political agency is less than 2 % of the total number of paid up equity shares of the Participating Company and political party / political agency is not taking any active part in its business, other than getting a distribution of profits in the form of dividends.

  2. The Participating Company or any of its directors or officers are subject to any criminal prosecution on any account related to non-compliance or violation under any of the laws / regulations prevailing in India.

  3. The Participating Company or any of its director / promoter have been subject at any time in past to any criminal track record.

Guru Yatra Workshop Buying and Bidding Process

  1. Guru Yatra workshops can be availed under ‘Buy now’ option (maximum 2 workshops) on the day of event launch (17th March, 2011) or under ‘Bidding Process’ starting on the day of event launch (17th March, 2011) at 21:00 Hours and ending on 27th March 2011 at 24:00 hours  (at least 1 workshop would be awarded under bidding process)..

  2. Maximum 3 Guru Yatra Workshops would be sold in total under ‘Buy now option’ and ‘Bidding Process.

  3. Guru Yatra “Buy Now” Process:
    1. Guru Yatra “Buy Now” Process is available only on 17th March, 2011 starting 21:00 Hours until 23:00 Hours.  The closing cut-off time for marking the end “Buy Now” option is 23:00 Hours on 17th March.  Participants and invitees at the events are allowed to avail “Buy Now” option by filling up and submitting the “Buy Now” Form available at www.iimabooks.com or at the networking dinner on 17th March 2011 at the Taj President.

    2. There will be a maximum of 2 workshops that can be awarded under Event Launch “Buy Now” Option.  In case, both the 2 workshops have been awarded under “Buy Now” Option, the bidding process will be available only for the last remaining workshop.  However, in case, only 1 or none of the workshops have been awarded through “Buy Now” option, the same will be awarded through bidding process as under:

      1. In case only one workshop is awarded under “Buy Now” option until 23:00 Hours, the Bidding process will be available for the other two workshops.

      2. There is no workshop has been awarded under “Buy Now” option, the bidding process will be available for all the three workshops

    3. The price for the buying Guru Yatra workshops under “Buy Now” option is INR 15,00,000 (Fifteen Lacs Indian Rupees) exclusive of all taxes per workshop.  Guru Yatra Workshops at Event Launch under “Buy Now” option will be awarded on first come first serve basis on the day of event launch (17th March, 2011) subject to due diligence validation by independent auditors for the valid bid.

    4. In case two or more “Buy Now” forms are received at the same time and less number of workshops are remaining to be awarded, it would be considered a tie and the workshops awarded based on lucky draw process.  The lucky draw process would apply, in case, the number of workshops remaining to be awarded are less than the number of “Bid Forms” received at the same time.  For e.g.  Only one workshop is remaining to be awarded and two or more Bid Forms are received at the same time or only two workshops are remaining to be awarded and three or more bid forms received at the same time. The lucky draw process shall be conducted in an impartial manner by a panel of two independent juries to be appointed from amongst the Chief Guest, Director of IIM Ahmedabad, Professors of IIM Ahmedabad, Participants.  BDO would supervise the lucky draw conduct process and the outcome of such lucky draw shall be biding on all the parties and cannot be challenged by any Participating Company.

  4. Guru Yatra Workshop Bidding Process (17th March, 2011 to 27th March, 2011):

    1. The bidding option will be available with effect from 17th March, 2011 (21:00 hours) until 27th March, 2011 (23:00 hours, midnight).  Any bid offer before 17th March, 2011 (21:00 hours) or after 27th March, 2011 (mid night) will be considered disqualified.

    2. The bidding option is available on the day of event launch by filling up and submitting “Bidding Form” on 17th March, 2011 and online thereafter (i.e. from 18th March, 2011 to end of 27th March, 2011).

    3. Minimum Bid amount for a workshop through bidding process is INR 10,00,000/- (Ten Lacs Indian Rupees) exclusive of all taxes per workshop and subsequent bids shall be in the multiples of INR 50,000/- (Fifty Thousand Indian Rupees). (For e.g. the next eligible bid would be INR 10,50,000 (Ten Lacs and Fifty Thousand Indian Rupees) and the next one after that would be INR 11,00,000 (Eleven Lacs Indian Rupees) and so on.

    4. The Bidding process will continue for the full 24 hours day from 17th March 2011 (17:00 Hours) until 27th March (24:00 Hours).  Bidding will continue on all the days including public holidays and Saturday / Sunday.  The final cut-off time for conclusion of bidding process is 24:00 Hours on 27th March 2011.  Guru Yatra Workshops will be finally awarded to the highest bidder(s) amongst the Bidding Companies‘.  All the bid winners for the Guru Yatra Workshops through bidding process would be selected only after 27th March 2011 (24:00 Hours) after the conclusion of bidding process.  The final announcement of bid winners for the bids to be awarded through bidding process will be done only after the conclusion of bid.

    5. The total number of workshops remaining to be awarded will be awarded after the conclusion of the bidding process to the highest bidder (s) in the descending order of the amounts bided by the bidder.  For e.g. the highest bidder will be awarded the workshop first, followed by the next highest bidder and then the next highest bidder after that (Bid Winners). The decision of RHM in this regard shall be final and binding on all the bidder(s) and declaration of the final Bid Winner (s) shall not be challenged by any Bidding Companies.

  5. Bidding Process is open to all the companies registered anywhere in India. The time and location of Guru Yatra workshops will be mutually agreed between RHM who is representing the IIMA professors for the Guru Yatra workshop facilitation and the Bid Winners / Buying Companies. All the costs related to accommodation and transportation of IIM-A Professors will be borne by the Buying Company or the Bid Winner(s), as the case may be. The price of the “Buy Now” option or the winning bid amount(s), as the case may be do not include the accommodation and transportation costs of IIM-A Professors, which will be paid separately by the Buying Company or the Bid Winner(s). Transportation to be by air, if the location of workshop is not the hometown of the relevant professor. Accommodation shall be in a five star or equivalent hotel for the duration of stay for workshop.  Further, any costs related to venue and Food & Beverages and other related costs will be borne by the Buying Companies/ Bid Winners, as the case may be.

Other Terms and Conditions

  1. The maximum number of participants for the workshop will be limited to 70 employees / director(s) or clients of Bid Winners or Buying Company, as the case may be. The Bid Winner or the Buying Company, as the case may be should conduct these workshops within the period of six months after the declaration of Bid Winner or award of the workshop under “Buy Now” Process by BCCL.    The Buying Company/ Bid Winner shall not sell the workshop in any form or format.

  2. Invitation to Bid in an online manner is an invitation to offer and not an offer. This offer is brought to you solely by RHM.

  3. The Participating Companies shall be bound by these Terms and Conditions during and after the process buying of the workshop through “Buy Now” option or the Bidding Process and shall accept them as such.  BCCL may in the interest of the bidding process and Bidder Companies or Buying Companies modify the terms and conditions at any time during or after the bidding but before the conclusion of the bidding or sale of workshop and the modified terms and conditions will be binding upon the Bidder Company or Buying Company,  as the case may be.

  4. Participating Companies are required to be pre-qualified as per the Qualification criteria and should ensure that they do not fall into any of the Disqualification criteria mentioned below.  Participating Companies should meet all the set qualification criteria.

  5. Self declaration and certification is required from the Participating Companies that they satisfy all the qualification criteria and do not fall in any of the disqualification criteria and shall immediately produce such Self declaration /certification or such other relevant documents as and when required by BCCL / RHM.

  6. Bidding application or the application under “Buy Now” process will be rejected in case the Participating Companies are not qualified or are disqualified either at the time of application or at any time thereafter during the bidding process.

  7. Process review of the Buy Now Process and Bidding Process shall be done by an Independent Auditor (BDO Consulting Pvt. Ltd.) appointed by BCCL.

  8. Highest bid amount will be declared online on the bidding website on a daily basis.  The highest bid amount for the day will be selected at 18:00 Hours.  Any bid amount submitted after 18:00 Hours will be taken as a part of the next days bid for the purpose of declaring the highest bid amount on a daily basis.  In case no bid has appeared during any given day (from previous day 18:00 hours until today 18:00 hours), the highest bid of the previous day at 18:00 Hours will be declared as the highest bid amount.  BCCL shall have no obligation to declare the name of the Bidder Company for such daily declarations. Bid amount for the day has to be more than the highest bid amount of the previous day.

  9. The highest final bid amount and the Bid Winner shall be declared only after adequate background check of the highest bidder and the same shall be final and binding on all Bidder Companies.

  10. The review of the highest bid amount will be done by an Independent Auditor (BDO Consulting Pvt. Ltd.).

  11. In case of more than one highest bidding amount, Tie Process would be followed.  Tie Process would involve a random selection using random statistical selection techniques. This random selection will be done by the a panel of two independent juries to be appointed from among IIMA Professors and IIMA Director.  The process will be supervised by Independent Auditor (BDO Consulting Pvt. Ltd.) and the outcome of such selection shall be binding on all parties and cannot be challenged by any Participating Company.

  12. Bid Winner(s) will be informed via a formal letter by BCCL at such address as provided by them. In the event the Bid Winner is unable to provide relevant documentation as required, within a period of 5days from their receipt of this letter of intimation, BCCL may, at its sole discretion, cancel the entitlement of the said Bid Winner and may award the prize to the second highest Bidder Company.

  13. The decision of the Independent Auditor (BDO Consulting Pvt. Ltd.) appointed by BCCL to select the Bid Winner shall be final and binding on the Bidder Companies and no claim or query in this regard will be entertained. 

  14. Payment net of all applicable taxes shall be made by the Bid Winner or the Buying Company, within 7 working days after it being awarded a Guru Yatra Workshop.

  15. In case the Bid Winner or the Buying Company breaches any of the terms and conditions after selection and declaration or does not make the required payment for the Workshop within 7 working days as above, BCCL reserves its right to offer the Workshop to the next highest Bidder Company or any other Buying Company, at its sole discretion. Since the bidding process involves selection and publication of the Bid Winner, the first highest bidder agrees to compensate loss incurred by BCCL in case the highest bid is rejected on the ground of breach of any terms and conditions.

  16. Bid Winner or the Buying Company being awarded the Workshop(s) do not have a right to withdraw the application for buying or the bid after it is awarded the Workshop(s) or it is declared a Bid Winner by BCCL. In such case, if the Bid Winner or such Buying Company chooses to withdraw the bid or application, it agrees to pay the full bid amount or the price of Workshop under “Buy Option” and compensate loss incurred by BCCL

  17. Documentation – electronic and physical would be retained for evidential purposes.  Participating Companies shall not have any right to audit the Buying or Bidding Process.  Participating Companies may however seek appropriate clarifications from the Auditor.  The Participating Companies shall be deemed to have accepted all the terms and conditions mentioned herein before applying to buy the Workshop or before bidding.

  18. This invitation to offer (brought to you by RHM and BCCL) is only providing a platform for buying or bidding and thus holds no warranty for the delivery, service, suitability, availability or quality of the offer and/or services under the offer.

  19. BCCL reserves the right to change these terms and conditions at any time during or after the Buying or Bidding Process without notice or any liability. Participating Company (ies) shall be responsible for regularly reviewing these terms and conditions. Continued bidding following any such changes shall constitute Bidder Company’s acceptance of such changes.

  20. The highest bidder agrees that its Payment shall be of the winning bid amount net of all applicable taxes.

  21. BCCL shall not be responsible for any loss or damages suffered by the Bid Winner while availing the offer.

  22. Participating Companies hereby agrees and undertakes not to hold BCCL and/or or any of its group entities or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that it may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of participation in the Buying Process or Bidding Process.

  23. No representations, warranties or guarantees whatsoever are made by BCCL as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular workshop; (b) that the Buying Process or Bidding Process will be uninterrupted, timely, secure, or error-free; (c) that the quality of any services, content, information, or other material on the Bidding Site will meet Bidder Company’s expectations or requirements; or (d) that any errors in the Bidding Site will be corrected.

  24. Participating Companies agree that their  participation in the Buying Process or Bidding Process and use of Bidding Site shall be at its sole risk. To the fullest extent permitted by law, BCCL, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Buying Process or Bidding Process and Bidder Company’s use of Bidding Site thereof. BCCL make no warranties or representations about the accuracy or completeness of the Bidding Site or its use or the content or use of any sites linked to the Bidding Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the Bidding Site, (ii) personal injury or property damage, of any nature whatsoever, resulting from Participating Company’s accessing the Bidding Site or participation of the Buying Process or Bidding Process, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Bidding Site, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Bidding Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Bidding Site. BCCL does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Bidding Site or any hyperlinked services or featured in any banner or other advertising, and BCCL will not be a party to or in any way be responsible for monitoring any transaction between Bidder Company and third-party providers of products or services. Bidder Company should use its best judgment and exercise caution where appropriate.

  25. In no event shall BCCL, its officers, directors, employees, or agents, be liable to Bidder Company for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Bidding Site (ii) personal injury or property damage, of any nature whatsoever, resulting from Bidder Company’s access to and use of the Bidding Site (iii) any unauthorized access to or use of Bidding Site’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Bidding Site (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Bidding Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Bidder Company’s use of any content posted, emailed, transmitted, or otherwise made available via the Bidding Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Bidder Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

  26. Participating Companies specifically acknowledges that BCCL shall not be liable for content submitted by Participating Companies.

  27. The Buying Process or Bidding Process is being offered in India and BCCL makes no representations that the Bidding Site is appropriate or available for use in other locations/ jurisdictions/countries apart from India. Those who access or use the Bidding Site from other jurisdictions/ locations countries do so at their own volition and are responsible for compliance with their local applicable laws.

  28. Participating Companies hereby agree to indemnify and save BCCL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Bidder Company’s use of the Bidding Site or from Participating Company’s breach of any of the terms and conditions contained herein.

  29. BCCL shall not incur any liability for any interruption or delay of access to the Bidding Site due to a Force Majeure Event. For the purposes of this clause, ‘Force Majeure Event’ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of BCCL and which causes or results in default or delay in performance by BCCL of any of its obligations under these terms and conditions, and includes an act of God, war, hostilities, civil commotion, strikes and lockouts.

  30. Participating Companies agree that any cause of action arising out of or related to Buying Process or Bidding Process must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred without any recourse.

  31. Rights and obligations under these terms and conditions which by their nature should survive will remain in full effect after termination or expiration of the Buying Process or Bidding Process.

  32. By participating in the Buying Process or Bidding Process, or by being a Bid Winner, the Participating Company shall not gain any intellectual property rights in any part of the Guru Yatra Workshops.

  33. The Bid Winner or the Buying Company which has been awarded the Workshop would not be entitled to sell, transfer or otherwise negotiate the awarded Workshop(s) to any further eligible or un-eligible Participating Companies or third parties.

  34. These Terms shall be governed by the laws of India. All disputes arising under these terms and conditions shall be subject to exclusive jurisdiction of Mumbai courts only.

I hereby agree to the terms and conditions set forth above including but without limiting to those related to bidding, bid cancellation, bid process misconduct, and collection process, failing which, I/my organization is liable to pay damages as per the terms and conditions mentioned above.