DISCLAIMER AND LIMITATION OF LIABILITY

This Disclaimer and Limitation of Liability (“Disclaimer”) applies to https://esanta.gov.in/ (“Website”), the [ ] (“App”) (collectively as “Platform”) and its related services (the “Services”) operated and rendered by National Centre for Sustainable Aquaculture (“NaCSA”). This Disclaimer explains NaCSA’s legal disclaimers and limitation of liability against your use or access of the Platform, including without limitation any information submitted by its registered users receiving the Services (the “User(s)” or “You” or “Your”) in receiving the Services. Capitalized terms used hereunder but not defined in this document, shall have the same meaning as given to them in the Terms of Use or Privacy Policy as the case may be.

    1. 1.1. NaCSA is only acting as a facilitator platform and any User Content or any submissions made by you do not represent the views/ clarifications of NaCSA and NaCSA makes no guarantee as to the validity, accuracy or legal status of any User Content.
    2. 1.2. NaCSA strictly encourages you to exercise reasonable diligence as you would adopt in traditional offline channels and practice judgment before committing to or complete intended purchase, sale or exchange of information from other Users of the Platform. NaCSA shall not be held responsible for any factors of purchase or sale, including without limitation, discrepancies in the quality or quantity of the Products or failure in delivery of Products purchased through the Platform.
    3. 1.3. You agree not to hold NaCSA or its Parent, affiliates or successors, or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the User Content and/ or Listing, save and except to the extent provided in this Section.
    4. 1.4. You acknowledge and agree that NaCSA shall not be liable for your interactions with other Users on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between the Users. You agree and acknowledge 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.
    5. 1.5. NaCSA TRIES TO KEEP THE PLATFORM, BUG-FREE, AND SAFE, BUT YOU AGREE TO USE IT AT YOUR OWN RISK. NaCSA IS PROVIDING THE PLATFORM AND THE SERVICES ON AS IS BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    6. 1.6. NaCSA TRIES TO PROTECT YOUR DATA ON THE PLATFORM, BUT YOU AGREE TO UPLOAD/KEEP YOUR DATA AT YOUR OWN RISK. NaCSA IS NOT RESPONSIBLE FOR MISUSE OF YOUR DATA OR USER CONTENT BY ANOTHER USER OR BY A THIRD PARTY.
    7. 1.7. NaCSA DOES NOT GUARANTEE THAT YOUR DATA WILL ALWAYS BE INTACT OR THAT YOUR DATA WILL NOT BE ERASED OR FORMATTED. HOWEVER NaCSA SHALL TAKE COMMERCIALLY REASONABLE PRECAUTIONS TO THE BEST OF ITS ABILITIES TO SAFEGUARD YOUR DATA WITHOUT BEING ERASED OR LOST.
    8. 1.8. NaCSA DOES NOT GUARANTEE THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR BUG-FREE OR THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
    9. 1.9. NaCSA DOES NOT WARRANT THAT: (A) THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; (E) YOUR INTERACTION WITH ANOTHER USER WILL MEET YOUR EXPECTATIONS SUCH AS SATISFACTORY DELIVERY OF PRODUCTS OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED; OR (G) THAT THE SERVICES WILL BE MERCHANTABLE AND WILL NOT INFRINGE UPON ANY INTELLECTUAL PRPERTY RIGHTS.
    10. 1.10. NaCSA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE NaCSA, NaCSA’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
    11. 1.11. NaCSA WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEPLATFORM OR SERVICES, EVEN IF NaCSA HAS BEEN ADVISED OF SUCH DAMAGES.
    12. 1.12. IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, NaCSA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW TO THE PRO-RATA PORTION OF THE SERVICE OR COMMISSION FEE PAYABLE FOR THE TRANSACTION IN DISPUTE.
    13. 1.13. NaCSA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICES PROVIDED BY THE PLATFORM.
    14. 1.14. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NaCSA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM OR DUE TO SPECIFICATIONS, CONTENT, OR OTHER PRODUCTS AND SERVICES PROVIDED BY THE PLATFORM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
    15. 1.15. THIS DISCLAIMER SHALL BE READ AND UNDERSTOOD AS AN INTEGRAL PART OF THE TERMS OF USE ITSELF.
    16. 1.16. Any changes in this Disclaimer by NaCSA shall be posted on the Platform. You should periodically review the abovementioned page for the latest information on the Platform’s legal disclaimers. Once posted, those changes are effective immediately. Continued access or use of the Platform constitutes your acceptance of the changes and the amended policy.