Following are the terms of purchase (“Terms of Purchase”) applicable to the Buyer availing the Services on the Platform in addition to the Terms of Use, Privacy Policy and Legal Disclaimer. These Terms of Purchase shall further govern any legally binding contract between Buyer and the Seller to avail the Services. Capitalized words and expressions used herein and not defined in these Terms of Purchase shall have the same meaning as ascribed to them in the Terms of Use and/or the Privacy Policy. Please read these Terms of Purchase carefully before using the Services of the Platform. By using the Services (whether or not You are a registered member), the Buyer agrees to be bound by these Terms of Purchase. By clicking on the “I Agree” button below You as a Buyer agree, warrant and represent to have fully read and understood the terms and conditions contained herein and to be fully bound by it.

1. Registration

Buyers are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Services (“Sign-up Process”). Buyer shall identify a user name and password and provide certain personally identifiable information including without limitation, name, age, entity name, contact details etc. in order to obtain an Account on the Platform.

As part of the Sign-up Process, Buyer will be required to pay an annual subscription fee to access Services. Such subscription shall be as determined by NaCSA from time to time. Any change to the subscription fee shall be notified to the Buyer at least 30 (thirty) days in advance.

Buyers shall: a) provide true, accurate, current and complete information as prompted by the Sign-up Process; and b) maintain and promptly update the information provided during Sign-up Process to keep it true, accurate, current, and complete at all times. In the event the Buyers provide any information that is untrue, inaccurate, outdated, or incomplete, or if NaCSA has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, NaCSA may terminate such Buyer’s account and refuse current or future use of any or all of the Services.

2. Price Determination

NaCSA only acts as a facilitator for the interaction between the Buyer and the Seller, by providing its Platform. Depending on the Buyer’s search on the Platform, the Platform will display the available Products for sale from plurality of Sellers. The Buyer is free to select any Seller depending on his/its requirement. NaCSA does not endorse any User or their Products under the Platform. As a Buyer you are required to conduct your own due diligence before entering into a binding transaction. Upon selection of a particular Product, the Buyer can contact the Seller by any of the Seller Contact information available in the Platform. The price may be negotiated between the parties, but however, the price of the Products shall be as finally determined by the Seller only, and shall be communicated through the initial Estimate generated by the Platform. The Seller is under no obligation to sell its products to the Buyer if no satisfactory price negotiation is achieved. The sale or purchase and the delivery of the Product are at the discretion of the Buyer or the Seller. Products shall be handed over to the Buyer only on the mutual execution of the delivery challan (along with witness signatures) and generation of the final invoice. It is hereby clarified that the rate specified in the initial Estimate shall not be subject to any further change or negotiation beyond a 5% margin.

3. Payment

The Platform will collect the Advance Payment initially at the time of placing an order, and the remaining consideration (Total Consideration less the Advance Payment) shall be paid by the Buyer in the Payment Method within three (3) business days from the date of receipt of a mutually executed (along with a witness signature) delivery challan of the Products and generation of the final invoice. Failure to make such payment in the stipulated time, will entitle NaCSA to recommend (at its sole discretion) to suspend such Buyer’s registration with MPEDA.

Buyer shall make payment of the Total Consideration (including Advance Payment) against the Product via any of the approved method of payments strictly from the Platform only. Any other mode of payment will not be accepted. Failure of payment will result in non-placing of the order via the Platform. As a convenience fee, NaCSA shall be entitled to charge the Buyer an amount as may be determined by NaCSA from time to time of the Total Consideration value of an order (“Convenience Fees”). The amount of Convenience Fees chargeable may be modified from time to time in accordance with the Terms of Use. The Convenience Fees shall not be refundable unless as agreed by NaCSA.

4. PICK UP

Buyer, or the Buyer’s authorized representative (through written authorization), shall pick up the Products from the “Farm Gate”, i.e., the place where Products under the relevant Purchase Order may be delivered by the Seller and received by the Buyer. For avoidance of any doubt, NACSA shall not, in any manner whatsoever, be responsible for designating any “Farm Gate” or pick up centre or arrange any coordination between Buyer and Seller for collection or delivery of Products or for any variation of the designated “Farm Gate” by the Buyer and Seller after placing the Purchase Order.

The Buyer shall provide such details and description including without limitation Buyer’s name, registered address, etc. as may be required. NaCSA and the Seller shall not be responsible for any inaccurate or incomplete or false information provided by the Buyer and hence the Buyer must take utmost sincere efforts to provide accurate and correct information regarding itself and User Content to use the Platform and Services;

Products shall be provided to the Buyer, or the Buyer’s authorized representative (through written authorization), at the Farm-Gate only, and the Buyer shall therefore be responsible for all the risks and costs involved in the transportation of the Products from the Farm-Gate;

5. Quality Control

The Buyer may choose to either rely on the accreditations provided on the Platform for the relevant Products, or may choose to procure samples of the Products from the location of the Farm Gate, and independently test the same. It is hereby acknowledged and agreed by the Buyer that, the Seller shall have no further obligations and/or responsibility towards the Products and/or the Buyer, on receipt of a mutually executed (along with a witness signature) delivery challan of the Products.

NaCSA SHALL NOT BE HELD LIABLE FOR THE RESULTS SHOWN IN THE ACCREDITATIONS OR ANY DISCREPANCIES, ERROR OR INACCURACIES IN THE ACCREDITATIONS, CERTIFICATIONS AND/OR RESULTS OF THE PRODUCTS BY SUCH THIRD-PARTIES. NO WARRANTIES OF ANY MANNER IS PROVIDED HEREWITH BY NACSA, WHETHER EXPRESS OR IMPLIED, UNDER CONTRACT, LAW, TORT, EQUITY OR OTHERWISE INCLUDING WARRANTIES OF FITNESS FOR A PURPOSE OR MERCHANTABILITY AND THE BUYER IS REQUIRED TO UNDERTAKE PROPER SELF ASSESSMENT AND DUE DILIGENCE BEFORE PURCHASING THE PRODUCTS FROM THE SELLER.

6. Cancellation and Refund

Cancellations and refunds shall be in accordance with the Cancellation Policy

7. MPEDA Registration

Buyer shall possess valid and current registration with the Marine Products Export Development Authority (MPEDA) to use the Service in the Platform. Any misrepresentation under this Clause shall immediately lead to termination of registration under the Platform, without prejudice to any other rights or remedies of NaCSA or MPEDA in law, contract, tort or equity.

8. Indemnity

Buyer agrees to indemnify, defend and hold harmless and keep indemnified NaCSA and its Parent, Affiliates, or successors and employees, officers, directors, agents or representatives from and against:

1. any and all claims, liabilities, fines, penalties, damages, loss, suit, expense, injury or any other claims including reasonable attorneys’ fees and expenses, which are brought against NaCSA owing to deeds or misdeeds or acts or omission or commission or negligence attributable to the Buyer’s performance or non-performance of its obligations, responsibilities, representations, warranties, undertakings and compliance with these Terms of Purchase; and
2. ii. any penalties imposed by statutory authorities on NaCSA due to non- compliance by the Buyer of any applicable law in the conduct of its business and the performance of its obligations in terms of these Terms of Purchase.

NaCSA WILL NOT BE LIABLE TO THE BUYER OR USER FOR ANY INDIRECT DAMAGES OR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR SERVICES, EVEN IF NaCSA HAS BEEN ADVISED OF SUCH DAMAGES. ANY CLAIM OR LIABILITY FOR DIRECT DAMAGES UNDER THESE TERMS OF SALE SHALL BE LIMITED AND SHALL NOT EXCEED THE SERVICE FEE PAYABLE FOR THE TRANSACTION IN DISPUTE

9. Force Majeure Event:

NaCSA shall not be liable to the other for any failure or delay in performance of its obligations or non-provision of or inability of the Buyer or Seller to access or use Services or the Platform due to the occurrence of any Force Majeure Event. A Force Majeure Event shall include without limitation act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster; act of any sovereign including but not limited to war, invasion, act of foreign enemies, hostilities, whether war be declared or not, civil war, rebellion, strike, pandemic or epidemic, government actions or insurrection being beyond the control of a Party that directly and adversely affects the ability of NaCSA to perform a particular obligation or claim a particular right. NaCSA shall take commercially reasonable efforts to resume performance in such event. NaCSA shall not be liable for any non-performance or delayed performance under any Purchase Order placed through the Platform or the inability of use of Services under the Platform, by any Buyer or Seller due to a Force Majeure Event and the Buyer/Seller are free to decide on the manner of delivery of their performance under any Purchase Order should such Force Majeure Event occur.

10. Dispute Resolution

These Terms of Purchase shall be governed by and interpreted and construed in accordance with the laws of Republic of India.

Buyer hereby agrees that in the event of any dispute between the Buyer and Seller, including but not limited to disputes arising out of disagreement on the quantity and/or quality and/or payment of Products, the Buyer shall use best attempts to resolve and settle the dispute amicably with the Seller.

In the event of a dispute, NaCSA shall hold the Total Consideration paid by the Buyer for the Products, interest free in escrow till the resolution of the dispute.

BUYER ACKNOWLEDGES AND AGREE THAT NaCSA SHALL NOT BE LIABLE FOR THE INTERACTIONS WITH OTHER USERS ON THE PLATFORM OR THROUGH THE SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, QUALITY, PAYMENT AND DELIVERY OF GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH ANY INTERACTION THE USERS MAY HAVE WITH OTHER ORGANIZATIONS AND/OR INDIVIDUALS. THESE DEALINGS ARE SOLELY BETWEEN THE USERS. BUYER AGREES AND ACKNOWLEDGES THAT NaCSA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR INTERACTIONS AND THAT NaCSA SHALL BE RELEASED AS PARTY FROM ANY OF THE DISPUTES OCCURING BETWEEN THE USERS BEFORE ANY COMPETENT FORUM.