Download App
Terms & Conditions
According to the Information Technology Act of 2000 and any applicable rules, as well as the provisions of different statutes that have been updated to reflect the Information Technology Act's amendments, this document is an electronic record. This document has been published in accordance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of the Terms of Use and the Rules and Regulations for accessing or using the Coal Mandi website (www.coalmandi.in) and Coal Mandi mobile and handheld application.
TY Trade Technologies Pvt. Ltd. (which includes but not limited to "Coalmandi," "we," "our," or "us") is an online information and listings Website (which includes but not limited to “Website”, “Platform”, “Mobile Application”, “Mobile App” or “Service Desk” or “Our Authorized Representative”) that (a) connects suitable sellers(s) with suitable buyer(s) or vice versa for sale and purchase of coal (which includes but not limited to “Coal”, “Petcoke”, “Coking Coal”, “Bio Coal”, “Biomass”, “Metcoke”, “Metallurgical Coke”, “Any other Commodity”) (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 communicate in an anonymous manner on sale and purchase of coal like chat, send/receive quotes, ratings etc (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 our website coalmandi.in (the "Website") and our "Coal Mandi" mobile and handheld application (the "App") is subject to these terms and conditions (the "Terms of Use"). The term "Platform" refers to both the Website and the App collectively. Before using the services, carefully read these Terms of Use. You may not use the Platform's services and are requested to uninstall the App if you disagree with these Terms of Use.By installing, downloading, or even just using the Platform, you are agreeing to these Terms of Use and all other Coal Mandi policies (such as, but not limited to, the Cancellation & Refund Policy and Privacy Policy), as posted on the Platform and updated from time to time. As a User of this Platform, it implies that You have read, understood and agreed to abide by these Terms of Use. These policies are effective as of the date on which you download, install, or use the Platform, and they constitute a binding contract between you and Coal Mandi.
For the purpose of these Terms of Use, wherever the context so requires, “You” “Your” or “User” shall mean any natural or legal entity (which includes any individual, group of persons, or organization that has legal rights and obligations related to agreements, contracts, payments, penalties, etc) 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. If registered, the User shall be referred to as a “Registered User”.
1. ELIGIBILITY
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 Platform. Users of the Platform and customers of the Services must be at least 18 years old. Your parents or legal guardians must acknowledge and accept the Terms of Use and Privacy Policy if you are under 18 and desire to download, install, access, or use the Platform. You must stop using Coal Mandi immediately if your parents or legal guardians do not accept the terms of use and policies.
By using this Platform, the User accepts and acknowledges that these conditions have been duly fulfilled. Coal Mandi reserves the right to terminate a Users’ registration and take such necessary actions as might be required if anything to the contrary is found. The user shall do its own due diligence before entering any communication and/or transaction with other users on the website.
2. YOUR ACCOUNT AND REGISTRATION
You may access the Platform by registering to create an account and become a member. Based on the personal information you give us, we shall create your Coal Mandi Account for your usage of the Platform services. For member registration, unique combination of mobile number & email id should be considered. Multiple entities with separate GST registration numbers can be registered under a single member registration. However, the fees charged by Coal Mandi will depend upon the number of entities registered.
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 Platform is personal to the User and its authorized people 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 Platform shall only be available to the Registered Users of the Platform. It is the Registered Users' duty to uphold secrecy in order to avoid unwanted access to their accounts. The Registered User consents to take ownership of all actions taken using his or her account or password. The Registered User must take all necessary precautions to keep his account password secure and confidential, and he or she must notify Us right away if he or she has any reason to suspect that someone else knows his or her password or if the password is being used—or is likely to be used—in an unauthorized manner.
The Registered User is responsible for making sure and committing to the accuracy and completeness of the information provided to us at the time of registration. Any changes to the information given when registering, shall also be immediately reported to Coal Mandi by the Registered Userthrough the registered email ID. The Platform should be used for all correspondence between Registered Buyers and Registered Sellers.
3. CANCELLATION OF REGISTRATION
The Registered User ensures and undertakes that the details he/she/it provides to us at the time of registration are correct and complete in all aspects. The Registered User should further inform the Platform immediately of any changes to the information that has been provided while registering through registered email ID. All communication between Registered Buyer and Registered Seller should be through the Coal Mandi Executive only.
We reserve the right to reject, revoke, or terminate any request for registration on the Platform at our sole discretion. Before registering a user or accepting any instructions, the Platform maintains the right to request any additional verifications or information.
4. PERSONAL INFORMATION
For the complete and proper usage of the Platform the User shall need to provide certain details and information for getting registered as a User. Such Details and Information include:-
· Name
· Mobile Number
· Email Id
· Name of Business and Type of Ownership
· GST Details
· Address of the business
· Designated or authorized person of the business entity and his designation
· PAN Details
· Bank Details
· MSME Details if applicable
· IEC Details
A Registered User shall be required to provide the Platform with true and accurate information for the profile and listings thereon.
Any Platform Information that is made available to the User may not be given to any third party unless the disclosure is required by law or we have expressly agreed in writing to the disclosure. However, the Platform has the unrestricted right to divulge the Personal Information of the Registered User to the Website's partners, affiliates, staff, and agents. Please refer to the "Privacy Policy" for more information on the Platform's privacy policies.
5. FRAUDULENT PRACTICES
We reserve the right to initiate legal proceedings against any person/s for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these Terms of Use.
6. MODIFICATION OF TERMS OF USE
These Terms of Use may change at any time. These Terms of Use and other Coal Mandi rules are subject to change at any moment, and we retain the right to do so by posting updated versions on the Platform and notifying you to review them. You are responsible for keeping yourself informed of any changes by accessing the platform. You are always in charge of keeping up with updates to the Platform and constantly checking the Terms of Use and other Coal Mandi policies.
7. MONITORING OF THE WEBSITE AND USER ACCOUNT
We reserve the right and authority to constantly review, edit, or remove any content posted to the Platform, including data from accounts belonging to Registered Users. Monitoring the Platform is crucial to ensuring that all Users adhere to the Terms of Use stated here and that the information provided by Users is accurate. Subject to the terms of use stated here, we reserve the right to remove any objectionable content that violates these terms or to share such information with any governmental entity in accordance with the procedures outlined by the laws currently in effect in India. The User, in the course of using the Platform agrees and accepts that:
· The User is forbidden to utilize the Platform for any illicit or unlawful or criminal activities.
· The User shall not impersonate any person or business entity, or use that person's or that business entity's name in any way that is prohibited.
· The User is responsible for adhering to all relevant local, state, and federal laws.
· The User shall not interfere with or disrupt the use and enjoyment of the Platform by other Users.
· The User shall not undertake any spamming or other unfair practices on the Platform,
· The User is not permitted to harass, abuse, or disrupt other Platform Users in any way.
USE OF PLATFORM AND SERVICES
Regarding the goods and services that the seller are offering, only the buyer and the seller are agreeing to any commercial or contractual terms. The price, applicable taxes, shipping fees, payment terms, date, period, and mode of delivery, warranties connected to products and services, and after-sale services associated to products and services are just a few examples of the commercial/contractual terms. When such commercial or contractual terms are offered or accepted by Buyers and Sellers, neither Coal Mandi nor any of its affiliates have any influence over them, neither do they decide on them nor offer any advice.
However, Coal Mandi may, under separate agreements it has made with the Sellers, provide support services to the Sellers in relation to Order fulfilment, mode of payment, payment collection, contact centre support, and other ancillary services. The cost of the goods and services provided by the Seller is decided by the Seller alone; Coal Mandi has absolutely no
influence whatsoever on this decision.
Regarding the item-specifics (such as legal ownership, creditworthiness, identity, etc.) of any Sellers or Buyers, Coal Mandi makes no representations or warranties. You are advised to use your best judgment and independently confirm the legitimacy of any specific Seller and Buyer you choose to work with on the Platform. All offers and third-party offers are subject to respective party terms and conditions. Coal Mandi takes no responsibility for such offers.
Only a Registered User shall be allowed to participate in communicating on the Website including but not limited to creating, viewing, replying to listings of other Users. We reserve the right to offer registration with or without any fee or subscription charges thereon as specified on the Website. We reserve the right to add new services for additional fees and charges, add or amend fees and charges for existing Users & Services, any time at our sole discretion. Any change to our pricing or payment terms shall become effective immediately following notice of such change on the Website.
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 the amount will be forfeited and You shall not receive any refund upon such suspension or termination of your account.
Coal Mandi neither expressly nor implicitly supports or endorses the sale or purchase of any products or services on the Platform, nor does it make any representations or warranties regarding the specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold, offered to be sold, or purchased on the Platform. Coal Mandi disclaims all responsibility for any mistakes or omissions, whether they were made by the users or by other parties.
Coal Mandi is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Coal Mandi cannot and does not guarantee that the concerned Buyers and Sellers will perform any transaction concluded on the Platform. Coal Mandi is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Coal Mandi runs an online marketplace and acts as a facilitator. Throughout any transaction between buyers and sellers on the platform, Coal Mandi does not enter into or take custody of any of the goods or services being supplied by them. No rights, titles, or interests in the products will ever be held by Coal Mandi, and the company will never be held responsible for any agreements made between buyers and sellers.
The agreement is that the contract for the sale of any goods or services shall be a purely a tripartite transaction between the Buyers, Sellers & Coal Mandi and that Coal Mandi is merely acting as a facilitator and a platform for the transaction. Coal Mandi should inform the Seller of any complaints from the Buyer regarding effectiveness, quality, or any other similar issues and shall also direct the Buyer to the Seller's customer call center. The Seller shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Seller accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Seller and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
An order after being placed shall be completed only after the tripartite agreement (between Buyer, Seller & Coal Mandi) is executed. For execution of such agreement, digital sign will be used which shall be provided by ZOHO.
Please note there can be risks in dealing with persons who are ineligible to be an user of the platform or people acting under false pretence.
ORDER BOOKING
Coal Mandi does not control the Sellers or the associated services given in conjunction therewith, nor does it own, sell, or otherwise dispose of the products sold by the Sellers. Buyer is aware that the terms and conditions outlined in these Terms of Use, including but not limited to product availability, delivery location suitability, and Seller acceptance of Orders, shall apply to any Order the buyer puts. At the same time Coal Mandi is also not responsible for the buyers if after placement of an order, he disagrees to complete the same.
However, upon Buyer’s successful placement or completion of booking an Order, we may contact the Buyer and seller to confirm the details of such Order, price to be paid and the estimated delivery time.
Along with the aforementioned, Once the order or any listing is placed, any changes to the order after execution of agreement shall be done through coal mandi and coal mandi has the ultimate say.
You must make any payments for Orders or Services on the Platform in Indian Rupees that are recognized in the Republic of India. The Platform will not allow transactions involving any other form of money in relation to Orders or Services placed through the Platform. The transaction will take place solely between the buyer and seller ,i.e., from buyer’s bank account to seller’s bank account.
Coal Mandi has its own payment gateway but that is used only for paymemt of subscription fee, convenience fees, auction fees or any other fees charged by Coal Mandi which are non refundable. It can also be used to collect EMD from the bidders in the case of auction which is either be paid to the seller or refunded back to the bidders as the case may be.
Please be aware that we have no control over any fees the buyer's bank may incur in connection with our subscription fee or any other fee, and we expressly disclaim any responsibility in this regard.
If the Seller is registered for tax purposes, the final tax bill will be delivered by the Seller to the Buyer along with the Order. If the seller doesn’t give the tax bill and the invoice copy then upon the request made by the buyer, Coal Mandi will follow up with the seller for the tax bill and the invoice. However Coal Mandi is not liable and responsible for the same.
The Seller is responsible for calculating and charging any relevant taxes and levies, as well as their rates and methods of application. Coal Mandi holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Seller.
As a facilitator Coal Mandi will make the contracts for the buyer and seller (basically the tripartite agreement) and also facilitate the execution of the same for conclusion of the order.
The prices reflected on the Platform are determined solely by the Seller and are listed based on Seller's information. Very rarely, prices may change at the time of placing Order due to Seller changing the price without due intimation and such change of price are at the sole discretion of the Seller attributing to various factors beyond control.
We need to carry out maintenance work and upkeep of our application/platform in order to continuously advance and give you a flawless experience. We reserve the right to charge you a small, non-refundable fee known as "platform fees" for such upkeep and maintenance.
Disclaimer: Prices for any product(s) may, due to a technical problem, typographical error, or wrong product information supplied by the seller, be incorrectly reflected on the platform. In this case, the seller reserves the right to cancel the buyer's order(s).
The transactions are bilateral between the Buyer and the Seller, therefore, Coal Mandi is not liable to charge or deposit any taxes applicable on such transactions.
TERMS OF SERVICE
The buyer agrees and acknowledges that Coal Mandi Shall not be responsible for :
· The services or goods provided by the Seller.
· The Seller's services or goods, not being up to Buyer expectations or leading to any loss, harm or damage to him/her.
· The Seller supplying the incorrect order.
· Product Liability of Goods provided by the Seller.
· The Seller not able to provide the goods and services at the agreed time
· Any other actions of the buyer which causes any loss to the buyer
The Seller also agrees and acknowledges that Coal Mandi Shall not be responsible for:
· The non completion of the order by the buyer.
· Cancellation of the order by the buyer after placing the same.
· Buyer not lifting up the order at the agreed time.
· Any other actions of the buyer which causes any loss to the seller.
The specifics of the pricing list for the products or other services that are available on the Platform are based on information provided by the Sellers, and Coal Mandi is not liable for any changes, cancellations, or unavailability or any other matter.
By accepting the Terms & Conditions users are acknowledging that the Coal Mandi is not responsible for any liability arising in the fulfilment of contract of buying & supplying of the goods and services.
Sellers are required to make the goods available for the buyers for lifting within the agreed time period. Buyers are also required to ensure that the payment for the material and lifting will be completed as per the terms of the contract. In case if any delay occurs in the lifting of the goods, the users are required to request other party for the extension. Any kind of extension will be done only through the addendum in the tri-partite contract. It will be completely at the discretion of the other party to grant extension or not. Coal Mandi is not liable if any of the users get out of the contract due to the abovementioned reasons.
Where the transportation of the goods is being borne by the seller, the seller is solely responsible for the same. Coal Mandi has no say or liability with respect to such delivery services. As a result, all disagreements relating to such delivery services must be resolved between the buyer and the seller.
Buyer’s Order will be only delivered to the address mentioned in the contract. If the Seller receives any request of any address change, the Buyer will work out the costing of sending the goods to the new location and may ask for revision in price of the material through an addendum in the Tri-partite agreement. The buyer has to agree to the revised pricing in order to receive the material at the new address or have to receive the goods at the original address itself. Otherwise, this will be regarded as non-performance of the contract on the part of buyer and appropriate penalty would be applied which can be extended to the forfeiture of the deposit.
Coal mandi will try its best through follow ups to execute the contracts timely. However, no liability will come on coal mandi in the case of non-performance of the contract.
In order to accept delivery, the Buyer is required to give sufficient instructions, information, and authorizations. The products or services will be assumed to have been delivered to the buyer and all risk and obligation in connection therewith will pass to the buyer without any right to a refund in the case of non-delivery as a result of any act or omission attributable to the buyer.
The Buyer is aware that Coal Mandi's responsibility ceases once the Order has been delivered to him or her, with the exception of situations in where the Seller's product liability still applies.
When making a payment on the Platform, the Buyer shall be asked to submit credit or debit card information to the authorised payment gateways. In order to use the Services, the Buyer undertakes to provide valid credit card or debit card information to the approved payment gateways. Buyer must use his or her own credit or debit card for every purchase, and Buyer is not allowed to use any cards that are not legally theirs. Unless required by law, regulation, or court order, the information submitted by the Buyer will not be used or disclosed to third parties unless necessary for fraud verifications. Buyer shall be solely responsible for maintaining the privacy and security of his or her credit or debit card information. We clearly disclaim any and all responsibilities that may result from any misuse of your credit or debit card.
You agree and understand that in the event you have violated the Terms of Use, Coal Mandi shall not be liable for any damages, losses, or claims to You or any third person.
Unless an error that is directly attributable to Coal Mandi happened during the purchase of such product or service, Coal Mandi does not provide refunds against products or services that have already been purchased from a Seller on the Platform.
On the Platform, we make a consistent effort to deliver correct information to you. In the event of a mistake, we may, at our sole discretion, get in touch with you and provide additional instructions.
You use the Platform at your own risk if you choose to utilise it.
GENERAL TERMS AND CONDITIONS
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
In the event the Platform is accessed from outside India, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside India. If you choose to access or use the Platform from locations outside India, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Coal Mandi policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You recognise and acknowledge that using the Services does not include the provision of a computer, mobile device, or other necessary hardware to access it. Additionally, you are aware of and agree that using the Platform calls for telecommunications and internet connectivity. We will never, under any circumstances, be accountable or responsible for the fees you incur to access, utilise, and avail of the Platform and the Services.
You agree and grant permission to Coal Mandi to receive promotional SMS and e-mails from Coal Mandi or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to support@coalmandi.in.
The usage of the platform by you represents and warrants that:
• You promise to preserve the accuracy of all registration information you provide and that it is true, legal, and accurate.
• You agree to use the Platform only for business purposes, and only the authorized representative shall be able to access the Coal Mandi Account and that you will not allow anyone else to use your account, profile, or email address, that you are solely responsible for all content posted or displayed through your account, including any emails you send to other users, and that you will comply /with all local, state, national, and international laws, treaties, and regulations that may be in force, including those pertaining to data privacy.
• You agree not to submit, post, upload, distribute, or otherwise make available or transmit any content that is: (a) defamatory, abusive, harassing, insulting, threatening, or that may be construed as stalking or constitute an invasion of a person's privacy; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) illegal, or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
· All necessary licenses, consents, permissions and rights must be held and owned by the user.
· You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
· You agree not to use the Platform or any connected network in any way that could harm it, interfere with someone else's use and enjoyment of the Platform, or post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.
· You will not impersonate any person or entity or falsely represent your identity or association with any person or entity, nor will you use another person's login, password, or other account information, or use another person's name, likeness, voice, picture, or photograph.
· You agree to refrain from any behaviour that is antisocial, disruptive, or damaging, including "flaming," "spamming," "flooding," "trolling," and "griefing," as those terms are commonly used and understood on the Internet.
· You agree not to discriminate against any Sellers, Buyers, or Third Parties on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other factor that is deemed illegal by the laws that are in force. You risk losing instant access to the Platform if there is any convincing evidence of such discrimination, including any refusal to provide or receive products or services based on the aforementioned metrics alone or in combination with any other metric, whether legal or illegal. You won't be able to sue us for any termination that occurs as a result of the aforementioned occurrence, and neither will we be responsible for it.
· You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
· You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
1. any part of the Platform or the Platform software; or
2. any equipment or any network on which the Platform is stored or any equipment of any third party
· You expressly waive any claims you may have in this regard under any applicable laws of India by releasing and indemnifying Coal Mandi and/or any of its officers and representatives from any expense, damage, responsibility, or other result of any of the conduct of Platform Users. Despite its reasonable efforts, Coal Mandi is unable to assume responsibility for or exercise any control over the information given by other Users and made public on the Platform. Information provided by other Users could annoy, hurt, be inconsistent, inaccurate, or misleading. When utilising the Platform, kindly exercise caution and safe trading techniques.
8. LICENSE AND SITE ACCESS
We grant User a limited license to access and make business use of the Platform of it, except with express written consent of the Platform. However, the user can access the dispatch report uploaded by Coal Mandi can be accessed by the user without any consent. This license does not permit the use of data mining, robots, or other similar methods for data extraction or data collecting for commercial gain, nor does it permit the downloading or copying of account information for use by other parties. Without Our express written consent, you are not permitted to duplicate, copy, sell, resell, visit, distribute, or otherwise use the Platform or any part of it for any commercial purpose. This includes copyrighted content, trademarks, and other proprietary information. The permission or licence we have provided will end immediately if the Platform is used in an unauthorised manner.
9. INTELLECTUAL PROPERTY RIGHTS
All of the rights to the Platform and its contents are legitimately licenced to Coal Mandi, who is their exclusive owner. Platform Content refers to the look and feel, text, graphics, photos, and other elements of the Platform that are made available to users. The Platform Content contains trade secrets and other intellectual property rights that are shielded by copyright laws around the world and other relevant intellectual property laws
We are either the sole owners of intellectual property rights to the Platform and the content published on it, including but not limited to the user interface, layout format, Order placing process flow, and any contents thereof, or we have the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise those rights.
You agree not to directly or indirectly contest the validity of Coal Mandi's or its affiliates' proprietary rights in the licenced marks or any registrations thereof and acknowledge that Coal Mandi is the registered owner of the word mark "Coal Mandi" and the logo, including but not limited to its variations (IPR). You also agree not to submit any applications for the registration of names or logos that are based on or confusingly similar to the licenced marks. IPR infringement must be reported to us immediately through email at support@coalmandi.in together with all relevant information.
The Platform and the Platform Content's licensors or Our affiliates, as applicable, shall continue to own all title, ownership, and intellectual property rights therein. All rights that Platform does not otherwise assert under this Agreement are hereby reserved.
You may print off one copy of any page(s) from the Platform for your personal use, as well as download excerpts of those pages, and you may call people in your organization's attention to materials available on the Platform.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Without first obtaining a licence from us or our licensors, you are not permitted to utilise any portion of the materials on the Platform for commercial endeavours.
Any information or advertisements on, distributed through, linked to, downloaded from, or accessed from any of the Platform's services, or any offer displayed on or in connection with such a service ("Platform Information"), are solely intended to provide general information for the business use of the User(s), who hereby fully accept all responsibility and liabilities resulting from and out of such use.
The accuracy or dependability of Platform Information, or the quality of any goods or services obtained by Users as a result of any Platform Information, are not represented, warranted, or supported in any way by Platform. The information is given "as is" with no assurance of its accuracy, timeliness, or the results that may be attained from using it. It is also given without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and performance.
Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Platform be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Platform’s Services.
Users understand and recognise that the Information has been compiled from publicly broadcasted and published sources and that any reliance on the Information is done so at their own risk. Platform respects the rights of such entities and cannot be accused of violating their individual copyrights or businesses. Platform has the right to enhance or repair any errors or omissions in any part of the Information at its sole discretion and without any obligation.
Trademark
Icons and logos associated with "Coal Mandi" are protected by applicable copyright, trademark, and other proprietary and intellectual property rights laws and are Platform's registered trademarks, trademarks, or service marks in a number of jurisdictions. It is expressly forbidden to adopt, copy, modify, use, or publish these marks without authorization. This also includes any additional trademarks that the Platform may occasionally register.
Copyright
Except for any third-party content and any connections to third-party platforms that are made available or contained on the platform, all Platform content, including Platform information, is protected by copyright. Users are not permitted to make use of any trademarks, service marks, or logos belonging to unaffiliated third parties without their prior written consent.
Users acknowledge and agree that the platform is not an arbitrator or judge in disputes involving intellectual property rights and, as a result, cannot confirm that users selling or supplying coal or offering related services on the platform have the legal right to do so. The platform encourages users to help it find listings that, to the best of their knowledge or belief, violate other people's rights.
Users further acknowledge and agree that by removing a listing, Platform does not and cannot be deemed to be endorsing a claim of infringement. Additionally, in cases where Platform chooses not to remove a listing, Platform does not and cannot be deemed to be endorsing that the listing is not infringing on the rights of third parties or endorsing any sale or supply of goods or services in connection with or as a result of such listing.
Platform respects the legal ownership of others' intellectual property, and we anticipate that our User(s) would do the same. Users agree not to download, copy, or otherwise reproduce Platform Content, Information, or any other content (including directories, files, databases, or listings) on or through the Platform ("Platform Content") for the purpose of reselling or redistributing, bulk mailing (via email, wireless text messages, physical mail, or other means), running a business that competes with Coal Mandi, or otherwise commercially exploiting the Platform Content, unless expressly permitted by law. It is forbidden to repeatedly retrieve Platform Content using robots, spiders, automatic devices, or manual procedures in order to directly or indirectly generate or compile a collection, compilation, database, or directory without Platform's express written consent.
Additionally, using Platform Content for any reason that isn't expressly allowed in this Agreement is forbidden and gives Platform the right to take legal action. Users acknowledge that using Platform's services in any way that violates the intellectual property rights of others is prohibited and that doing so is a requirement for access to and use of Platform's services. Platform reserves the right to revoke any User's access to or use of Platform's Services for any violation of third-party rights related to such use, or in the event that Platform determines that any User's conduct is detrimental to Platform, its affiliates, or other Users' interests, or for any other reason, in Platform's sole discretion, with or without cause.
The URLs and Sub-Domain names that the platform assigns to users (both paid and free users) are solely its property and cannot be taken as permanent in any circumstance. Platform maintains the right to alter any URLs or sub-domain names and to suspend, terminate, or restrict access to them at any time and without prior notice. In every one of these situations, Platform will not be liable to any party for any direct, indirect, special, or other consequential damages, including but not limited to any lost profits, business interruption, or other damages.
Through hyperlinks to the platforms provided by these third parties (referred to as "Third Party Platforms"), the Platform may give User(s) access to material, goods, or services offered by third parties. Before using or accessing such Third Party Platforms, Platform urges its User(s) to review the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Platforms. Users acknowledge and agree that Platform has no control over any content made available on Third Party Platforms, does not monitor such Third Party Platforms, and shall not in any way be held liable or responsible to any person for such Third Party Sites or any content, products, or services made available thereon.
10. LINKS TO THIRD PARTY SITES AND THIRD PARTY CONTENT
Links to third party sites are provided on the Platform as a convenience to User(s). User(s) acknowledge and agree that the Coal Mandi does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
Through hyperlinks (in the form of word links, banners, channels, or other media) to the websites provided by such third parties ("Third Party Websites"), the Platform may permit User(s) access to material, goods, or services offered by third parties. Before using or accessing such Third-Party Websites, Coal Mandi recommends its User(s) to review the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites. Users acknowledge and agree that the Platform has no control over any content offered on third-party websites, does not monitor such websites, and is not in any way accountable or liable to anyone for the content, goods, or services made available on such websites.
You acknowledge that when you click on a link that directs you away from the Platform, you will be entering a site that is not under our control and that different terms of use and Privacy Policies may be in effect there. By evaluating links to other websites, you agree that those websites are not within our control. Although we are not required to, we reserve the right to remove links to and/or from third-party websites to the Platform.
11. LIMITATION OF LIABILITY
Despite anything in this document to the contrary, neither We nor any of our affiliated companies, subsidiaries, officers, directors, employees, or other related parties shall be liable to any User or third party for any direct, indirect, incidental, special, or consequential damages or any loss of revenue or profits arising out of or connected with the use of the Platform. The User agrees to waive, release, discharge, and hold harmless us, our affiliated and subsidiary businesses, and each of our directors, officers, employees, and agents from any and all claims, losses, damages, liabilities, expenses, and causes of action resulting from the Users' use of the Platform to the fullest extent permitted by law.
Coal Mandi (including its employees, agents, officers, directors, licensors, or affiliates) and any third-party service/data provider shall not be held liable for any indirect, consequential, special, incidental, exemplary, or punitive damages. These damages include those for lost profits, lost revenues, or business interruption, and they may arise from, be based on, or result from this agreement, any documents, portal data, personal data, other data or information, software, or any services provided during your interaction with the portal and/or services offered herein. This also encompasses any information, documents, data, or messages generated, received, transmitted, downloaded, or otherwise disseminated in connection with your use of the services and/or registration on the portal.
The above conditions apply in all situations:
(a) even if Coal Mandi or the third-party service provider was informed of the possibility of such damages, and
(b) regardless of the negligence or fault of either party, whether such liability arises from contract, negligence, tort, or any other theory of liability.
We are not promoting any kind of speculation through our platform. In case of loss incurred because of speculation by any user, Coal mandi shall not be responsible for such loss
Any failure to perform on the part of any user, including but not limited to (1) any delays caused by the Registered User for any delay or lapse in payment or partial payment; (2) for any delay or default in delivery or dispatch; (3) for any deviation in quantity; (4) for any deviation in quality; (5) for any delay in transportation of coal; or (6) for any other problem that may arise on the part of any of the Registered User/s.
The Platform hereby expressly disclaims all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. The features and services on the Platform are provided "as is" and "as available" basis. All of these guarantees, affirmations, terms, and conditions are hereby disclaimed.
The Platform disclaims any warranties and guarantees regarding the reliability, quality, stability, or completeness of any information given on or through the Platform, including the display or listing of tenders on the Website, which is in no way supported by Us.
We are in no way connected to the publisher or the contents of the published work. Furthermore, the Platform does not enable or take part in any transaction involving the sale, delivery, or storage of any goods, including but not limited to coal.
The Platform makes no representations or warranties of any kind regarding any product or service offered or displayed on the Platform, and does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the Platform does not infringe upon the rights of third parties.
The User(s) are solely responsible for any loss of data or damage to their computer system that may arise from downloading any material received through the Platform or elsewhere at their own judgement and risk. No opinion or recommendation made by the Platform or through or from the Platform to the User(s) shall constitute or be deemed to constitute (or be assumed to constitute) any warranty not expressly expressed herein.
Under no circumstances shall the Platform be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
By using the Platform, including, but not limited to, displaying User(s) information on the Platform), User(s) agree to indemnify and hold the Platform, its affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may result from their use of the Platform or from User(s)'s violation of any of the terms and conditions of this Agreement. By signing this agreement, User(s) also agree to hold Platform, its affiliates, directors, officers, and employees harmless from any and all losses, claims, and liabilities that may result from User(s)'s breach of any representations and warranties made to Platform, including legal costs on a full indemnity basis.
Additionally, User(s) hereby agree to hold harmless and indemnify Platform, its affiliates, directors, officers, and employees from any and all losses, claims, liabilities, and legal expenses that may result directly or indirectly from any claims made by Third Party Rights claimants or other third parties regarding goods offered or displayed on the Website. Furthermore, User(s) acknowledge that Platform is not liable for any content uploaded by other User(s) or third parties, including any defamatory, objectionable, or illegal content, and that User(s) alone bear all risk of harm from such content. The Platform reserves the right to assume sole responsibility for the defence and management of any matter that would otherwise be subject to indemnification by any User(s). In this case, the User(s) in question shall assist the Platform in establishing any applicable defences.
The Platform shall not be liable for any special, indirect, punitive, incidental, consequential, or other damages, whether in contract, negligence, tort, strict liability, or otherwise (including, but not limited to, damages for loss of profits or savings, business interruption, loss of information), arising from any of the following:
· Utilisation of the Platform or inability to use it;
· Any flaw in products, samples, data, information, or services obtained over the Platform from a user(s) or a third-party service provider;
· Violation of third-party rights or claims or demands that users' production, importation, distribution, offer, display, purchase, sale, or use of goods or services advertised on the website may violate or be alleged to violate third-party rights; or assertions by any party that they are entitled to defence or indemnification in connection with assertions of rights, demands, or claims by third-party rights claimants;
· Unauthorised access to data or personal information of any User(s) by third parties;
· Statements or actions of any Platform user(s); or
· Any issues involving Premium Services, regardless of how they develop, including negligence.
12 USE OF SERVICES
· 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 the amount will be forfeited and You shall not receive any refund upon such suspension or termination of your account.
· Payment Information & Taxes. All information, that you provide in connection with a transaction or other monetary transaction or interaction for the 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 all applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions even if it is required to pay or payable with retrospective effect.
· A Registered User, can list its requirement/respond/chat/communicate for sale and purchase of coal on the Website. All Registered User agree and provide their explicit consent to receive alerts on their registered mobile phone and/or email and/or any digital or other mode of communication from the Website. A Registered User agrees to receive calls and messages from the Website from time to time. User(s) further agree and consent to be contacted by Us through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Us even if contact number(s) provided to Us upon registration are on Do Not Call Registry
13. REVIEWS, RATINGS & COMMENTS BY USERS:
Your use of the Platform to submit Reviews, Ratings, and Comments on the Platform services and also about the other Users listed at the Platform is subject to extra terms and conditions as described here. This is because the Platform provides information and listing services.
Any transmissions you make to the Platform or any mediums the Platform makes available, as well as any materials you add to the Platform or any mediums the Platform makes available, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Reviews"), are solely your responsibility. None of your Reviews are accepted by the Platform as expressing the opinions of the Platform or the Website. You grant Website an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free licence (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, incorporate into one or more compilations, reproduce and distribute such compilations, and otherwise exploit any public Reviews you submit to the Site. This licence applies to all platforms, whether they are currently in use or later developed.
You certify and guarantee that you have the authority to grant the Platform these rights. By posting your Reviews on the Platform via any of the Platform's channels, you hereby waive and grant to the Platform all rights, including intellectual property rights and "moral rights" in those Reviews. All of your Reviews may be used by the Platform at any time as needed to meet its needs. You guarantee that the content you post as a review, rating, or comment is correct, that it complies with these terms, and that it won't harm any individual or entity. You also guarantee that you own or otherwise control all of the rights to the content. Additionally, the Platform retains the right to conceal or reveal your name in relation to reviews, ratings, and comments you publish.
Although it is not an obligation however, the Platform may monitor and modify or remove any content that you offer as a review, rating, or comment. The Platform is unable to review every review posted on or through one of its mediums. However, the Platform has the right to monitor and edit, change, or remove any Reviews (or portions thereof) that it deems inappropriate, objectionable, in violation of any Platform policy, or that does not adhere to these conditions.
The Platform retains the right not to disseminate or otherwise publish any reviews on the website or in forums, including but not limited to:-
· is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
· consists of or involves factual assertions or origin signals that are inaccurate or deceptive;
· infringes the legal rights of any third party by slandering, libelling, defaming, disparaging, or in any other way;
· causes harm of any type to any entity or person;
· violates or infringes on any other party's contract, trade secret, privacy, publicity, or intellectual property rights (including copyright, patent, and trademark rights);
· violates any laws, rules, or regulations that may be in force;
· contains malicious code intended to disrupt, disable, or restrict the functionality of any computer software, hardware, or telecommunications equipment, including software viruses;
· impersonates someone or something, or gathers or utilises any data about site visitors.
It is also made clear that the Platform maintains the right to take necessary legal action against you if there are any problems or claims related to your submissions via Reviews, Ratings, and Comments. Additionally, you are responsible for holding the Platform harmless from any claims, losses, or problems resulting from your posting of Reviews, Ratings, and Comments. The Platform disclaims all liability and responsibility for any content posted by you or any third parties on the Platform's website or other mediums.
14. APPLICABLE LAW
This Terms of Use and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. Website considers itself and intends itself to be subject to the jurisdiction of the Courts of Rourkela, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Rourkela, India.
15. INDEMNITY
The user will indemnify, hold harmless, and defend Coal Mandi (including its Affiliates), and all of its current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”), from any and all Claims.
“Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, fines, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), which may arise out of the following situations, which inludes but not limited to:
(a) User’s breach of this Agreement, or
(b) User’s violation of any law or rights of any third party; or
(c) Information or Content that User post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.. Coal Mandi will provide the user with reasonable notice of any Claim. Customer will not settle any claim without User’s prior written consent, which will not be unreasonably withheld.
16. COMPLIANCE WITH LAWS
Each applicable law must be followed by Registered Users both while communicating on the Platform and subsequently. All transactions (sell and purchase) concluded between Registered Users after they create, browse, communicate with listings, or converse on the Platform shall be based on their own representations to each other. If there are any flaws in the transaction (such as fraud, mistakes, omissions, etc.) whether they occur at the time of the transaction or later, Coal Mandi will not be held responsible. Also, the parties agree & accept that there is no way that the website is aware of whether a transaction has executed or not.
Coal Mandi Shall not be liable if any user of this platform is exposed to a fraud on this platform, where Coal Mandi has no relation with the one committing the fraud and as a result incurs any loss or damage because of such fraud.
17. SEVERABILITY CLAUSE
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
18. DISCLAIMER OF WARRANTIES
The Website makes no warranty that:
· the Services will meet the Users’ requirements.
· the Services will be uninterrupted, timely, secure, or error-free,
· the results that may be obtained from the use of the Services will be accurate or reliable,
· the quality of any products, services, information, or other material purchased or obtained by any Registered User through the Website will meet such Registered Users’ expectations; or
· quality, quantity, time period for delivery of coal shall meet the Registered Users’ expectations; or
· of any change in government regulation or change in any fee imposed by governmental authorities
· of 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.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Rourkela, India.