This electronic record is prepared in terms of 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.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
- Use of Our Services
Coalshastra Pvt. Ltd. provides a platform that enables vendors of Coalshastra Pvt. Ltd. Services to submit information/data/details for reference to Coalshastra Pvt. Ltd.’s buyers, to use and fulfil their requests in a satisfactory and timely manner. These requests may require Coalshastra Pvt. Ltd. “Vendors” to contact, provide information to, and/or sell to Users or Buyers of the website.
Buyers contract for purchasing directly from Vendors – Coalshastra does not provide the Services directly. The Service provided by Coalshastra is a communication platform for establishing connections between Users. When a Buyer contacts a Vendor, the Vendor is acting on the Vendor’s sole behalf and is not a representative or agent of Coalshastra. Accordingly, please consider carefully before you agree to a Vendor’s offered product/goods. Coalshastra does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any product(s)/services provided by Vendor(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Vendor in any manner. Coalshastra makes no representation about the suitability, reliability, timeliness, or accuracy of the services requested and provided by Vendors identified through the Service whether in public, private, or offline interactions. The Company does not provide any detailed background checks or vetting and merely conducts a simple procedure in order to obtain details of the Vendor.
Neither Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any vendor or user of the service. Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service.
This is a contract between you and Coalshastra Pvt Ltd. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Coalshastra and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Use of the service provided by the Company is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. Coalshastra Pvt Ltd reserves the right to terminate your membership and / or refuse to provide you with access to the service if it is brought to Coalshastra Pvt Ltd’s notice or if it is discovered that you are under the age of 18 years or incompetent to Contract in any other manner.
B. Coalshastra Services
Subject to the terms and conditions of this Agreement, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Services for commercial use only and as permitted by the features of the Services. Coalshastra may terminate this license at any time for any reason or no reason.
C. Coalshastra Profiles
By connecting to Coalshastra Pvt Ltd, you give us permission to access and use your information from the service as permitted by that service. While creating your profile and uploading your details, reports etc. you are under an obligation to provide accurate and complete information, and to keep this information up to date. Your failure to do the same may result in your inability to access and use the Services and gives us the right to terminate this Agreement.
You are solely responsible for the information that is generated on and through your profile, and you must keep your profile secure and complete. Coalshastra Pvt Ltd will not be liable for any losses/damages/claims made/caused by any unauthorized use of your profile.
By providing Coalshastra your email address you consent to our using the email address to send you Services-related notices, newsletters, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services, etc. If you do not want to receive such promotional email messages, you may opt out by contacting us here. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
D. Services Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services.
We reserve the right, but have no obligation, to monitor the materials posted on the Website. In no event shall Coalshastra Pvt Ltd assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services and such acts of ours will not make us liable for any claim in any manner whatsoever. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
2. Our Proprietary Rights
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the " Coalshastra Content”) are the exclusive property of Coalshastra Pvt Ltd and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Coalshastra Pvt Ltd Content. Use of the Coalshastra Pvt Ltd Content for any purpose not expressly permitted by this Agreement is strictly prohibited and will make you liable for damages as well as prosecution under the law.
The Buyer shall use Credit Card, Debit Card, NetBanking and other online payment wallets that shall be provided to the Buyer on the Website. While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Buyer due to:
- Lack of authorization for any transaction/s, or
- Exceeding the present limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
1. Use of the payment facility on the website shall not render Coalshastra Pvt Ltd liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed by Vendors on Coalshastra Pvt Ltd 's Website.
3. You understand, accept and agree that the payment facility provided by Coalshastra Pvt Ltd is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment, collection and remittance facility for the Transactions on the Coalshastra Pvt Ltd Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Coalshastra Pvt Ltd is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
4. Coalshastra Pvt Ltd reserves the right to impose limits on the number of Transactions or Transaction Price which Coalshastra may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. Coalshastra Pvt Ltd reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Coalshastra or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. The User and the Vendor acknowledge that Coalshastra will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Coalshastra.
7. Coalshastra Pvt Ltd reserves the right to change/alter the price of its services/products/deals offered at any time and shall not be held liable for any discrepancies in the price of the same or for any damage caused to the User due to a prior determination of change of the price.
4. Paid Services:
We provide Digital Services as well as Subscription services to our Users. Both these Services provided by us are provided for a fee, subscription or other charges and we reserve the right to change the price of either of these Services at any given time as choose fit, with or without prior intimation of the same.
A. Billing Policies. Certain aspects of the Services may be provided for a fee, subscription or other charge. If you purchase a subscription from Coalshastra, this subscription will automatically renew at the end of each billing cycle, at which point you will automatically be charged for the Services for the next billing cycle. Coalshastra may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time at its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. No Refunds. You may cancel your Subscription for our Digital Services or for our Subscription Services or any requests at any time; however, you are not entitled to any refund for cancellation, where any such subscription is paid for. Coalshastra Pvt Ltd provides refunds for subscription only at Coalshastra Pvt Ltd’s sole discretion. In the event that Coalshastra Pvt Ltd suspends or terminates your subscription or this Agreement, you understand and agree that you shall receive no refund or exchange for any services purchased, any content or data associated with your account, or for anything else, except if, at Coalshastra Pvt Ltd’s sole discretion, Coalshastra Pvt Ltd provides you a refund or exchange.
C. Payment Information; Taxes. All information that you provide in connection with a transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
D. Coalshastra Pvt Ltd may cancel or suspend any services rendered to you, from its website containing all your records, data, information, etc. at any point and in any such event shall not be held liable for any loss, damage or other consequences of such cancellation or suspension.
That Coalshastra Pvt Ltd shall not be held liable for any misuse of the information, data, details provided by the User to Coalshastra, in the event that the same has been or is being misused by other Users. That Coalshastra Pvt Ltd is only and solely an intermediary between the Users and facilitates interaction between the Users.
Coalshastra cares about the integrity and security of the personal information provided by the Users. However, we cannot guarantee that unauthorized use will never be able to defeat our security measures or use your personal information for improper purposes. The Users shall acknowledge that they provide their personal information at their own risk. They further undertake to provide all necessary information to us for making this system as secure.
7. Third-Party Links, Recommendations and Information
8. Purchases Made on Coalshastra
The Services include making purchases of products and services from Vendors/Vendor entities that are not owned or controlled by Coalshastra. Coalshastra does not endorse or assume any responsibility for any products, services information, materials, representations or warranties so provided on our website through the Vendors listed therein. Additionally, the Buyer’s dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between the Users. The Buyers agree that Coalshastra shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Users agree to defend, indemnify and hold harmless Coalshastra and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, Intellectual Property Rights, and any rights of Third Party Providers; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Services with your unique username, password or other appropriate security code viii) for any non-performance or breach of any contract entered into between the Users.
That Coalshastra reserves the right to cancel a Digital Service subscription or a Subscription of member at its own discretion, due to certain or any contingencies, without being held liable of the consequences of the same, in any event.
10. No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COALSHASTRA PVT LTD OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COALSHASTRA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED ORTHAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Limitation of Liability
Coalshastra shall not be held liable in case of any delays caused by either the Buyer for any delay or lapse in payment, partial payment or by the Seller for any default in delivery, lapse in quality or quantity of material or any other issue that may arise on part of either the Buyer or Seller on which Coalshastra had no control what-so-ever.
Coalshastra shall only collate basic information for the Vendor and shall not undertake any liability for the quality of products, their validity or authentication, shall not be upon Coalshastra and the same shall be done by the Buyer on or before completing a transaction with the Vendor.
Coalshastra shall not be held responsible for the transaction between the Buyer and the Vendor and shall not be liable for transportation of material, price scaling, quality of product being sold on www.coalshastra.com or any other such considerations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COALSHASTRA PVT LTD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, BREACH OF OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COALSHASTRA PVT LTD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COALSHASTRA PVT LTD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY REQUESTS OR CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER INCLUDING ITS BREACH THEREOF.
Coalshastra does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Coalshastra does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Coalshastra accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Coalshastra shall not and is not required to mediate or resolve any dispute or disagreement between the Users and/ or third party vendor. Any lapses or liabilities arising due to default on part of the Users shall be the liability of the User alone and no liability shall accrue to Coalshastra.
Coalshastra does not at any point of time during any transaction between the Users on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
The Services are controlled and operated from facilities in India. The Services are appropriate or available for use in other locations as well. Those who access or use the Services from other jurisdictions are responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government.
12. Governing Law
12.1 ARBITRATION CLAUSE
Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement or the subject matter thereof shall be referred to the sole arbitrator appointed by Coalshastra and in the event of any failure to commence or to continue arbitration by the arbitrator for any reasons whatsoever, the new arbitrator shall be appointed by Coalshastra only. In any event that a dispute arises with respect to the choice of appointed Arbitrator, Coalshastra shall give 2 options to the opposite party and the party shall pick his choice of Arbitrator from the options available. The arbitration shall be governed by the Arbitration and Conciliation act,1996. The seat of arbitration shall be in Delhi.
12.2 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by the Buyer or the Seller, but may be assigned by Coalshastra without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Coalshastra in connection with the Services, shall constitute the entire agreement between you and Coalshastra concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Coalshastra’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Contact. Please contact us here. with any questions regarding this Agreement.
This Agreement was last modified on 6th day of May, 2016.