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TERMS OF USE
Helpline Number: +91 8010201757 | +91 (0)11 4750 5604

TERMS OF USE

Coalshastra Pvt Ltd ("Coalshastra," "we," "our," or "us") is an online platform that (a) connects suitable sellers(s) with suitable buyer(s) or vice versa for sale and purchase of coal (b) provides a platform to sellers to offer for sale the coal available with them to the buyers (c) provides a platform for buyer to look for sellers of buying coal they are interested or willing to buy (d) provides a platform for seller and buyer to negotiate the terms and conditions of sale and purchase of coal and enter into a sale and purchase agreement as per the quote sent by seller and awarded and accepted by the buyer (d) provides services to facilitate the engagement between buyers and sellers and (e) provides such other services to Users as may be provided by Us from time to time (“Services”). Your use of the Website and its Services are governed by these Terms of Use including the applicable policies which are incorporated herein by reference.

For the purpose of these Terms of Use, wherever the context so requires, “You” “Your” or “User” shall mean any natural or legal person or any person on behalf of a legal entity who is accessing the Website and shall mean to include any person interested in sale and purchase of coal including the Registered User (defined herein below). The User may or may not be registered with the Website. A User cannot be registered as a buyer and a seller at the same time- . If registered, the User s hall be referred to as a “Registered User”. If the Registered User is a seller, he/she shall be referred to as “Registered Seller” and if the Registered User is a buyer, he/she shall be referred to as“Registered Buyer”.

These Terms of Usetogether with Our Privacy Policy govern the usage of the Website by the User. Your use of the Website constitutes Your acceptance of these Terms of Useand any changes/modifications made to them thereafter.The Website reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Useat any time without any prior notice to You. It is the Users’ liability to review these Terms of Useperiodically for updates/changes. As a User of this Website, it implies that You have read, understood and agreed to abide by these Terms of Use.

If You do not agree with any of these Terms of Use(including, referenced policies and guidelines), We encourage You to terminate Your use of the Website.

1. ELIGIBILITY

The use of this Website is permitted only to Users who are:
(i) legal/natural persons;
(ii) above twenty-one (21) years of age;
(iii) capable of forming legally binding contracts under Indian Contract Act, 1872;
(iv) Indian and holds Indian citizenship;
(v) holder of a valid Savings Bank Account.

By using this Website, the User accepts and acknowledges that these conditions have been duly fulfilled. The Website reserves the right to terminate a Users’ registration and take such necessary actions as might be required if anything to the contrary is found.

2. YOUR ACCOUNT AND REGISTRATION

We reserve the right to refuse access to any User, terminate accounts, remove or edit content at any time without notice to the User. The right to use this Website is personal to the User and is not transferable to any other person or entity. We shall not be responsible for any data lost while transmitting information on the Internet.

The Services of the Website shall only be available to the Registered Users of the Website. The Registered Users shall be responsible for maintaining confidentiality to prevent unauthorized access to Registered User account. The Registered User agrees to accept responsibility for all activities that occur under his/her account or password. The Registered User shall take all necessary steps to ensure that his account password is kept confidential and secure and should inform Us immediately if the Registered User has any reason to believe that his/her password has become known to anyone else, or if the password is being, or is likely to be used, in an unauthorized manner.

The Registered User shall ensure and undertake that the details he/she provides to the Website or the Website Dealer at the time of registration are correct and complete. The Registered User should further inform the Website or Website Dealer (defined herein below) immediately of any changes to the information that has been provided when registering. The Registered User can access and update much of the information provided to the Website by following the instructions given in the Website ‘Home’ page (or any other option such as ‘dashboard’ etc.) or by writing to us at [Please insert the contact information]. All communication between Registered Buyer and Registered Seller should be through the Website.

3. CANCELLATION OF REGISTRATION

We reserve the right, at our sole discretion, to refuse or cancel any request for registrations on the Website for any reason. The Website may also require additional verifications or information before accepting any instruction or registering a User as a Registered Seller or Registered Buyer.

4. PERSONAL INFORMATION

For the complete and proper usage of the Website the User shall need to provide certain details and information for getting registered as either a buyer or a seller or as a User . A Registered User shall be required to provide the Website with true and accurate information for the sale and purchase transaction to be lawfully valid.

Any Personal Information collected by the Website shall not be disclosed to any third party unless such a disclosure is authorized by law, or the Registered User has consented to such a disclosure. However, the Website has the unconditional right to share the Registered User’s Personal Information with the Website partners, affiliates, employees and agents. For more details on the Websites’ policies regarding personal information please refer to the “Privacy Policy”.

5. FRAUDULENT/DECLINED TRANSACTIONS

We reserve the right to initiate legal proceedings against any person/s for fraudulent use of the Website and any other unlawful acts or omissions in breach of these Terms of Use.

6. MODIFICATION OF TERMS OF USE

We reserve the right, at our sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website and its Services (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. We may also impose limits on certain features and Services or restrict User access to parts, or the entire Website, without notice or liability. It is the Users’ responsibility to check the Terms of Use periodically for changes. A Users’ continued use of the Website following the posting of any changes to the Terms of Useconstitutes acceptance of those changes.s

7. MONITORING OF THE WEBSITE AND USER ACCOUNT

We have the right and liberty to monitor the content on the Website at all times which shall include information provided in Registered User accounts. The monitoring of the Website is important to determine the veracity of the information provided by Users and that every User remains in consonance with the Terms of Useprovided herein. Subject to the Terms of Use mentioned herein, We shall also have a liberty to remove any objectionable content which is in contravention of the Terms of Useherein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

The User, in the course of using the Website agrees and accepts that:

(i) The User shall not use the Website for any illegal/unlawful purposes;
(ii) The User shall abide by all applicable local, state and central laws;
(iii) The User shall not interfere with or disrupt the use and enjoyment of the Website by other Users;
(iv) The User shall not defame, harass, abuse or disrupt other Users of the Website.

8. LICENSE AND SITE ACCESS

We grant Users a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Website. This license does not include any resale or commercial use of this Website or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Us and / or its affiliates, as may be applicable. Any unauthorized use of the Website shall terminate the permission or license granted by Us.

9. LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, neither Us nor our affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to the User/s or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms of Use. To the maximum extent permitted by law, the User waives, releases, discharges and holds harmless Us, our affiliated and subsidiary companies, and each of our directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Users’ use of the Website.

We shall not be held liable in case and for any delays caused either by the Registered Buyer for delay or lapse in payment or partial payment or by the Registered Seller for any default in delivery, lapse in quantity or quality or transportation of coal or any other issue that may arise on part of either the Registered Buyer or Registered Seller.

10. USE OF SERVICES

A. Only a Registered Seller or Registered Buyer shall be allowed to participate in the buying and selling transaction on the Website. You can register on our Website by paying an annual subscription feeof Rs. [.] (“Subscription”). Your Subscription will automatically renew at the end of each billing cycle, at which point you will automatically be charged for the Services provided by Us for the next billing cycle. We may add new services for additional fees and charges, add or amend fees and charges for existing Services, at any time at our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you.

B. We reserve the right to cancel or suspend any Services rendered to you at any time and in any such event; We shall not be held liable for any loss, damage or other consequences of such cancellation or suspension.

C. You may cancel your Subscription at any time; however, you are not entitled to any refund for cancellation, where any Subscription is already paid for. In the event, We suspend or terminate your Subscription; you understand and agree that You shall receive no refund upon such suspension or termination of your account.

D. Payment Information; Taxes. All information that you provide in connection with a transaction or other monetary transaction interaction for provision of Services to you must be accurate, complete, and current. You agree to pay all charges incurred by you of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

E. A User can register on the Website either (a) directly by creating an account on its own or (b) by the help ofan authorized representative of the Website (“Website Dealer”) who shall create account for the User by verification through Registration Code received on such User’sregistered mobile phone and/or email.

F. A Registered Seller or Registered Buyer, can list its requirement for sale and purchase of coal on the Website either directly (if registered on its own) or through Website Dealer, who shall by verification through Listing Code received on such Registered User’s mobile phone and/or email, list the requirement for sale or purchase of coal on the Website, on behalf of Registered Seller or Registered Buyer. All Registered User shall receive alerts on their registered mobile phone and/or email regarding a new requirementof coal they dealin (i.e. either to sell or purchase) and listed on the Website. A Registered User who has registered on the Website through Website Dealer shall also receive calls and messages from the Website Dealer regarding the new listed requirementfor sale or purchase of coal.

G. Registered User’s, if interested in sale and purchase of coal, shall mandatorily communicate and chat on the Website, in order to discuss and negotiate the terms and conditions for sale and purchase of coal, which shall include but not limited to discussion regarding the price, payment terms, type of coal, quantity, quality, preferred date of delivery, preferred mode of delivery, order type, requirement for third party inspection or acceptance of coal on “as is where is basis” and other terms and conditions for the Coal to be sold by Registered Seller and purchased by the Registered Buyer (“Specifications”).

H. Such Registered Seller shall then send a quote (“Quote”) to the Registered Buyer with whom he has had discussions via the Website which shall consist of Specifications discussed and accepted by Registered Seller and Registered Buyer. Upon Registered Buyer receiving the Quote from Registered Seller, Registered Buyer shall either accept/award the Quote or may reject the Quote. If the Registered Buyer accepts/awards the Quote (“Awarded Quote”) sent byRegistered Buyer, they shall enter into a sale purchase agreement as provided on the Website.

I. The Registered Users hereby irrevocably and unconditionally agrees and confirms that in the event a dispute is raised by a Registered Buyer for any deviation in the Specifications provided in the Quote, Registered Seller shall be liable and We shall be entitled to charge a service fee from Consideration to be paid to the Registered Seller, who has delivered the coal; for resolving the dispute raised by Registered Buyer, which shall be 2% of the Consideration stated in the Quote or Rs. 1,500/- (Rupees Fifteen Hundred), whichever is higher including such taxes as may be applicable (“Service Fee”), provided in the event, no deviation or if the deviation found is within the rejection limits stated in the Quote, Registered Buyer shall be liable and We shall be entitled to charge such Service Fee from the Registered Buyer who has raised the dispute.

11. APPLICABLE LAW

A Users use of the Website and any Terms & Conditions is subject to the laws of India. In case of any disputes arising out of the use of the Website, User agrees that Courts of Delhi will have exclusive jurisdiction.

12. INDEMNITY

User agrees to indemnify, save, and hold the Website, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to the Users’ use or misuse of the services or of the Website, any violation by the User of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. The Website reserves the right, at the expense of the User, to assume the exclusive defense and control of any matter for which the User is required to indemnify the Website, including rights to settle, and the User agrees to cooperate with the Websites’ defense and settlement of these claims. The Website will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

13. COMPLIANCE WITH LAWS

Registered Buyer and Registered Seller shall comply with all the applicable laws after being matched by the Website. Once the Registered Buyer and Registered Seller are matched by the Website, all transactions (sale and purchase) concluded between them shall be based on their own representations to each other. The Website shall not be liable in case of any defects in the transaction (such as fraud etc.) arising at the time of the transaction, or later.

14. DISCLAIMER OF WARRANTIES

The Website makes no warranty that:
(i) the Services will meet the Users’ requirements;
(ii) the Services will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Services will be accurate or reliable;
(iv) the quality of any products, services, information, or other material purchased or obtained by any Registered User through the Website will meet suchRegistered Users’ expectations; or
(v) payment or timely payment of Consideration by the Registered User;
(vi) quality, quantity, time period for delivery of coal shall meet the Registered Users’ expectations; or
(vii) Any change in government regulation or change in any fee imposed by governmental authorities.
(viii) Any errors in the technology will be corrected.

And the User is solely responsible for any damage to his/her computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by a User from the Website through or from the Services will create any warranty not expressly stated in these Terms & Condition.