TERMS OF USE

These Terms of Use (“Terms”) govern the use and access of the website, https://esanta.gov.in/ (“Website”) and mobile application, [●] (“App”) (together referred as [“Platform”]), owned and operated by National Centre for Sustainable Aquaculture (“NaCSA”).The Platform facilitates direct communication and interaction between farmers and cultivator societies registered with NaCSA (“Sellers”) and buyers including without limitation manufacturer exporters or merchant exporters, cooperatives, and companies of marine products which are compulsorily registered with the Marine Products Export Development Authority (MPEDA for brevity) (collectively the “Buyers”), for direct sale and purchase of various varieties of marine products (“Products”), by interested Buyers from the Sellers (“Services”). By accessing or using the Platform, you agree to comply with and be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies, including the Privacy Policy, Disclaimer, Terms of Sale, Terms of Purchase, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the Platform, or availing the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part of these Terms. Wherever the context so requires, the terms “you”, “your”, and “User” mean any person who visits the Platform and/or any Buyer or Seller who has registered himself/itself with the Website and/ or App for use of the Services.

Access and use of the Platform is subject to the following Terms that you have read, understood, and agreed to be bound. Any other services offered by NaCSA or other features, content, or applications offered from time to time through the Platform are governed by the following the Terms.

1. Eligibility
  • 1.1. You are eligible to use the Services, if and only, you comply with the following conditions:
    • a. You have completed the legal age of 18 years. However, if the law requires that you can be younger than the above prescribed limit in order for the Platform to lawfully provide the Services to you, then the legal age is such younger age;
      b. You are competent to enter into a legally binding contract; and
      c. You are not barred from entering into a contract by any applicable law for the time being in force.
  • 1.2. In case you are not an individual but wish to use the Services as a legal entity, then you should comply with the following conditions:
    • a. You are fully authorized to represent your legal entity to receive the Services;
      b. The legal entity you are representing is a duly organized and validly existing under the applicable laws; and
      c. The legal entity has obtained all such licenses and permissions which are in full force and effect.
  • 1.3. You further represent and warrant that:
    • a. You have the right, authority, and capacity to enter into this Terms of Use;
      b. You agree that in order to use and have access to the Services available on the Platform, you will have to register with the Platform;
      c. You are entitled to submit the information to the Platform and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights;
      d. You have valid and current registration from MPEDA or NaCSA as an exporter or farmer as the case may be. Your use of the Services does not violate any applicable law;
      e. You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Platform to use all the proprietary rights in and to any and all of the User Content (hereinafter defined) and intellectual property pertaining to such User Content to enable their inclusion and use in the course of Services being provided by the Platform.
2. Registration.
  • 2.1. You 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”). You shall identify a user name and password and provide certain personally identifiable information including without limitation, name, age, entity name, contact details, registration details etc. in order to obtain an Account with the Platform. NaCSA may at its discretion require payment of any fee during registration, which then shall be a mandatory pre-requisite prior to use of Services within the Platform.
  • 2.2. You 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 you 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 your account and refuse current or future use of any or all of the Services.
  • 2.3. You shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. You agree to notify NaCSA immediately of any unauthorized use of username and passwords or any other breach of security.
  • 2.4. NaCSA will not be liable for any loss or damage arising from the failure on your part to comply with this clause. Further, You shall agree to indemnify, defend and hold NaCSA, its Parent, affiliates or successors or employees harmless from any and all claims, losses, action or damages suffered by NaCSA arising out of or relating to your use of the account.
3. License
    NaCSA grants you a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on your personal device as made available through the Platform. NaCSA may, from time to time, update or modify the features of the Platform, release new versions or create new modules related thereto, each of which may, at NaCSA’s discretion, be included within the license granted above. You shall not be permitted to sublicense or transfer or assign any of your rights hereunder including without limitation, access to the Platform through the respective login credentials authenticated for You for use of the Services. Unless agreed otherwise in writing with NaCSA, nothing in the Terms gives You or any third party a right to use, copy, modify, alter, make derivatives of or adapt or do any act with any of NaCSA’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressed granted herein are reserved with NaCSA.
4. Third Party Links. The Platform may include links to other websites or applications that are not owned or operated by NaCSA. NaCSA does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third- Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of NaCSA. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. NaCSA disclaims any responsibility for any harm resulting from a User’s access or use of these Third-Party Links.
5. User Content.
  • 5.1. The Platform allows you to upload/submit your personal information including but not limited to your name, address, mobile phone number, email address, location coordinates, reviews, comments and other information (“User Content”) which may be hosted, shared or published as part of providing the Services, and may or may not be visible to other registered users of NaCSA. You own all of the User Content, network data and other information that you may upload on or share through NaCSA. However, by use of the Platform for the Services, you agree to grant a non-exclusive, irrevocable, transferable, royalty-free, sub-licensable and worldwide right and license to NaCSA, to use, copy, moderate, modify, distribute, publish and process all or any part of the User Content, without any further consent. Further, NaCSA is not obligated to publish any information or User Content on the Platform and can remove it at its sole discretion, with or without notice.
  • 5.2. You represent that you shall not have any objection to such User Content and also agree not to hold NaCSA solely responsible for the User Content made and for the consequences of uploading them. NaCSA is only acting as a repository of data, User Content and those 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.
  • 5.3. Apart from the information or listing being uploaded by the User on the Platform which are publicly accessible by any other User, other personal and sensitive information are required to be provided. by the User on the Platform for using Services, the collection, storage, usage and security shall be governed by the Privacy Policy.
6. Restrictions on Use.
  • You will not:
      a) remove any copyright, trademark or other proprietary notices from any portion of the Platform;
      b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by NaCSA;
      c) submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from your rightful owner to share the material and to grant NaCSA all of the license rights granted therein;
      d) decompile, reverse engineer or disassemble the Platform;
      e) link to, mirror or frame any portion of the Services;
      f) reformat or frame any portion of the pages that are part of the Platform;
      g) access the Platform through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into the Platform;
      h) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
      i) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks or Services;
      j) attempt to interfere with service to any other registered User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc or transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
      k) infringe any intellectual property or other proprietary rights of any third party;
      l) copy or use the information, content or data of others available on the Platform (except as expressly authorized); and
      m) override any security feature of the Services.
7. Allowed Products
  • 7.1. The User Content being listed or displayed by the Seller for sale or purchase should be strictly confined and related only to the Products as defined hereunder. NaCSA does not facilitate the virtual sale of any other products except as listed on it. You will not list or post or provide information or content that are incorrect or illegal including without limitation:
    • a) Content that contains or endorses any indecent representation of women, obscene, pornographic information or content including content relating to child pornography;
      b) Content that are product of crime or that involves in crime, encourage murder, violence, public disorder or crimes against humanity;
      c) Liquors, alcoholic beverages, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances or any link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the applicable law for the time being in force;
      d) Any information, content, goods or services that involves, encourages or is unconstitutional, affect the national spirit or sentiments of any person or group of persons or hurts the religious sentiments of any person or group of persons or is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party or is prohibited under the Emblems an Names (Prevention of Improper Use)Act, 1950 and Prevention of Insults to National Honour Act, 1971;
      e) Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia; prescription drugs and medical devices; and nonprescription drugs that make false or misleading treatment claims or treatment claims requiring approval from any government authority under applicable law;
      f) Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural; any blood, bodily fluids and/ or body parts; restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests; living, dead creatures and/or the whole or any part of animal which has been kept or preserved by any means or other animal products that are restricted under the applicable laws;
      g) Pesticides or hazardous substances, or items containing hazardous substances including without limitation contaminated toys, or art or craft material containing toxic substances without a warning label;
      h) Stolen property or items, or goods for which you are not the owner; airline tickets that restrict transfer, and tickets of any kind; coupons or gift cards that restrict transfer, and coupons or gift cards; and bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information including financial information of yourself or any other third party; and military or police badges, uniforms, coat-of- arms and/or any Government emblems, insignia and/or items in violation of the applicable law.
8. Remedies
  • 8.1. You understand and agree that NaCSA may review any User Content posted on the Platform, and in case NaCSA finds, that you violate any of these Terms, then it reserves the right, to take actions to prevent/control such violation at its sole discretion, including without limitation, removing the offending User Content from the Platform and/or terminating your registration and/or blocking your use of the Services.
  • 8.2. NaCSA will also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting you when involved in such violations.
  • 8.3. You acknowledge that in no event shall NaCSA be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, even if NaCSA has been advised against such damages. You also acknowledge that in any such event NaCSA shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
  • 8.4. You acknowledge that: (i) Your compliance with these Terms or any of the contracts binding on you is necessary to preserve and protect the proprietary rights, confidential information and the goodwill of NaCSA; (ii) any failure by You shall result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that You should fail to comply with this provision, NaCSA shall be entitled, in addition to such other relief as may be proper, (i) to be indemnified, defended and held harmless against any and all actions arising out of your performance or failure of performance or use of the Services or any dispute between the Buyer or Seller, (ii) terminate your account and refuse current or future use of any or all of the Services at any time without notice to you, (iii) terminate the registration with NaCSA or MPEDA in accordance with the applicable rules and byelaws and (iv) to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to make whole and cause You to comply with this Agreement.
  • 8.5. NaCSA’s liability for direct damages arising solely out of NaCSA’s responsibility for Services under this Agreement shall be limited NaCSA’s convenience fees for the transaction in dispute.
  • 8.6. You agree that NaCSA’s remedies under these Terms are without prejudice and notwithstanding any other remedy or right available to it under this contract, tort, law, equity or otherwise.

9. Purchase

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. Product purchase shall be placed only through the Platform at the firm price noted in the Platform. The Seller and the Buyer may enter upon an agreement at this juncture on payment. Once the order is placed of a particular Product, the Buyer can contact the Seller and the Seller can contact the Buyer, the contact details which will be shared by NaCSA at that stage over the Platform. The sale or purchase and the delivery of the Product are at the discretion of the Buyer or the Seller. NaCSA only acts as a facilitator for the interaction between the Buyer and the Seller, by providing its Platform. NaCSA does not endorse any Buyer, Seller or Products registered under the Platform.

The complete process of listing the Products by the Seller, stocking, searching for the required Product by the Buyer, buying the selected Products, making the payment for the purchase made etc. shall be online through the Platform. The delivery/pick-up of the Products shall be arranged at the Farm Gate (defined hereinafter) by or before six (6) days from the Buyer making the Advance Payment (defined hereinafter)

10. Quality Control

Accredited third-party laboratories shall perform quality control tests of the Products, and NaCSA shall display such third-party laboratory accreditations, certifications and/or results of such quality control tests against the Products listed on the Platform. Such quality control tests shall be of industry standards. The Buyer may choose to either rely on the accreditations provided on the Platform for the relevant Products, or he may choose to procure samples of the Products from the location of the Farm Gate, and independently test the same.

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.

11. Payment Terms

    The Platform provides payments services to Users, including payment collection through third-party service providers (“Payment Methods”).

    All payments made against the purchases/services on the Platform by you shall be (a) only through the Platform, (b) compulsorily in Indian Rupees acceptable in the Republic of India and (c) should confirm to the payment modes available with our payment partner

    The Platform may restrict the availability of the Payment Methods, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Methods. NaCSA may improve, enhance and modify any or all of the Payment Methods and introduce new Payment Methods from time to time.

    Please note that Payment Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and NaCSA is not responsible for any such fees and disclaims all liability in this regard.You are responsible to read the terms and conditions of such third- party payment service providers before use.

  • 11.1. Payment Terms for the Buyer

    On completion of a successful price negotiation between the Buyer and Seller, an initial price estimate shall be generated by the Platform, specifying the count, quantity, and price for the Product (“Estimate”). The Platform will collect 25% of the total amount for the purchase plus any applicable taxes, transportation and storage costs, and a convenience fee (as provided in Terms of Purchase) as provided in the Estimate for the usage of the Platform (“Advance Payment”) from the Buyer in the Payment Method. The Platform will generally collect the Advance Payment after the Seller accepts the Buyer’s purchase request. The total amount for the purchase (including applicable taxes, transportation and storage, convenience fees, and the Advance Payment) (“Total Consideration”) deposited by you will be held by the Platform, until confirmation of delivery or receipt (as the case may be) of the Products by the Buyer. The remaining consideration (Total Consideration less the Advance Payment) shall be paid by the Buyer in the Payment Method within 3 (three) business days from the date of receipt of a mutually executed (along with a witness signature) delivery challan and generation of the final invoice for the Products. It is hereby clarified that the rate specified in the Estimate shall not be subject to any further change or negotiation beyond a 5% margin. You may make payment of the Total Consideration through a payment gateway as may be associated with the Platform. You will be automatically redirected to the payment gateway website, where all required transaction details (i.e. credit/debit card number, expiration date, CVV etc.) are captured on the secured payment page, encrypted, and are then securely transmitted to your card issuing bank for obtaining an authorization decision. Alternatively, upon selecting this method of payment, you may be sent a URL/hyperlink by the payment gateway through SMS which may be used for making the payment. At no time during the purchase process or thereafter, will the Platform have access to, or store your complete card account information. By choosing this method, your payments will also be subject to additional terms and conditions imposed by the applicable third-party payment gateway service provider and you are advised to review these terms and conditions before choosing such method of payment; the Platform or NaCSA will, under no circumstance, and in no manner be responsible for the services provided by such third party payment gateway, including but not limited to transfer of money by such third party payment gateway or any amount debited from your bank account in pursuance of such payment, or for any failure of payment transaction, or any refund from the third party payment gateway and its operator.

  • 11.2. Payment Terms for Sellers

    The Platform will collect the Advance Payment from the Buyer 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 and generation of the final invoice for the Products. Payments due to you, as the Seller, shall be subject to a deduction by NACSA of such amount as may be specified in the Terms of Sale (“Service Fees”) for the Services provided by NACSA through the Platform. The Service Fees shall be exclusive of all taxes, as may be applicable. An amount equal to Total Consideration less the Service Fees shall be remitted by the Platform to your bank account within seven (7) business days from receipt of any such amounts from the Buyer.

12. Farm Gate Pick-Up

    Farm Gate Pick-Up: The Buyer shall be notified by the Seller of the location of the Seller’s shrimp cultivation farm at which the Products purchased will be available for pick-up (“Farm Gate”). The Seller shall ensure that the purchased Products are harvested and are made ready for pick-up by the Buyer, by or before, six (6) days from the date of confirmation of the transaction and payment of the Advance Payment by the Buyer. Either the Buyer, or the Buyer’s authorized representative (through written authorization), may pick-up purchased Products from such Farm Gate as provided through the Platform, at the sole cost of the Buyer.

13. Pricing Policy
  • 13.1. The price for all Products shall be determined by way of discussions and negotiations between the Buyer and Seller. The sale or purchase and the delivery of the Product are at the discretion of the Buyer or the Seller.
  • 13.2. You agree and acknowledge that the Platform is only an online portal that facilitates interaction amongst its Users for sale and purchase of the Products and that NaCSA exercises no control over the price and delivery of the Products provided by any User on the Platform.
  • 13.3. NaCSA does not endorse any User or any Product and will not be responsible for any loss, injury, damage or harm resulting from any interaction amongst the Users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other User will be limited to a claim against the particular Seller or Buyer or other third parties that caused the loss, injury, damage, or harm. You agree and acknowledge that NaCSA will not be responsible for:
      a. Delivery of the Products provided by any User;
      b. Accuracy, reliability or correctness of the description of any Product displayed or advertised on the Platform;
      c. The Products provided by any User not being up to your expectations or leading to any loss, injury, damage or harm to you;
      d. The availability or unavailability of certain Products listed on the Website; or
      e. Any User delivering the incorrect Product.
  • 13.4. The Seller hereby agrees that Seller will be solely responsible for any loss caused due to any such act or omission of the Seller. In no event NaCSA shall be held liable for any act or omission of the Seller or Buyer. The risk involved during the transport and delivery of the Products shall be borne by the Buyer.

14. Click-Wrap Terms of Sale and Purchase

Upon registration on the Platform, or use of Services, each Buyer shall be legally bound by the Terms of Sale, and each Seller shall be legally bound by the Terms of Purchase available at [Terms of Sale and Purchase], which by reference shall be deemed to be a part of these Terms.
15. Cancellation and Refund
    Cancellations and refunds shall be in accordance with the Cancellation Policy.
16. Intellectual Property Rights
  • 16.1. You acknowledge and agree that NaCSA or its licensors or such other third party own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Platform, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
  • 16.2. Unless agreed otherwise in writing by NaCSA, nothing in these Terms gives the User or any third party a right to use any of NaCSA’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
  • 16.3. NaCSA acknowledges and agrees that unless otherwise specified in these Terms or in any other document pertaining to specific content, that it obtains no right, title or interest from you under these Terms in or to any content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless NaCSA agrees to otherwise in writing, you agree that you are responsible for protecting and enforcing those rights and that NaCSA has no obligation to do so on your behalf.
  • 16.4. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
  • 16.5. You agree that in using the Services, you will not use any trade mark,service mark, trade name or logo owned by NACSA in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
17. Additions and Alterations to Terms of Use
  • 17.1. NaCSA reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective immediately upon posting. You are required to keep yourself updated of such alterations/amendments as updated in the Platform from time to time.
  • 17.2. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
  • 17.3. Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.
18. Term and Termination
  • 18.1. These Terms shall remain in full force and effect unless and until your account is terminated as provided herein. Any licenses contained in this Terms will terminate automatically without notice if you fail to comply with any provision of this Terms.
  • 18.2. NaCSA further reserves the right to terminate this Terms or discontinue the Services being provided through the Platform or any portion or feature thereof for any or no reason and at any time without liability to You.
  • 18.3. You may also terminate this Terms for any or no reason and at any time, however contingent upon completion of any pending transactions agreed upon under these Terms and Conditions with any other User. Until such satisfactory completion of your obligations, these Terms and Conditions shall continue to apply to you. Notwithstanding anything contained in these terms or upon any other contract to access the Platform or its Services, any provision in these terms which by their nature are intended to survive, shall survive indefinitely.
  • 18.4. Upon such termination for any reason, You shall cease to have access to the Platform. However, You agree that User Content as shared by you may be stored in the servers of the Platform even after termination to comply with the applicable laws. It is agreed that your grant of non- exclusive, irrevocable, transferable, assignable, royalty-free, sub- licensable and worldwide right and license to NaCSA, to use, copy, modify, distribute, publish and process the User Content that are already posted shall survive the termination of this Terms.
  • 18.5. NaCSA will not be liable for any costs, expenses, or damages as a result of the termination of these Terms for any reason.
19. LEGAL DISCLAIMER
    While NaCSA makes every effort to present accurate and reliable information on the Platform, NaCSA does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy or timeliness of such information. Please refer to the Legal Disclaimer attached to the Platform.
20. Disputes.
  • 20.1. These Terms shall be governed by and interpreted and construed in accordance with the laws of Republic of India. You will resolve any claim, cause of action or dispute or claim arising out of or relating to the Platform exclusively in the courts in Kakinada, India.
  • 20.2. Any dispute arising out of or in connection with these Terms shall be sought to be resolved and settled amicably between the User and NaCSA within thirty (30) days of such dispute arising. NaCSA and the User agree that disputes which cannot be resolved amicably shall, upon written request of any party, become a matter for arbitration. A sole arbitrator appointed by NaCSA shall decide the matter and such arbitration shall begin within thirty (30) days of appointment of the arbitrator in accordance with the provisions of the Arbitration and Conciliation Act 1996. The venue of arbitration shall be Kakinada and the arbitration proceedings shall be conducted in English.
  • 20.3. If anyone brings a claim against NaCSA related to your actions, use of Platform, transactions done under the Platform, User Data, comments or information on NaCSA, you will indemnify, defend and hold NaCSA harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. NaCSA shall also have the right to hold you or such other person liable for the damages, losses and expenses which NaCSA may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although NaCSA provides rules for your conduct, NaCSA does not control or direct your actions on the Platform and is not responsible for the User Content you transmit or share on or use on the Platform or for any of your actions using the Services. NaCSA is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content you may encounter on the Platform. NaCSA is not responsible for the conduct, whether online or offline, of you.
  • 20.4. 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, your obligations regarding payment and delivery of Products and Services, quality of the Products, 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 transactions or interactions.
21. General
  • 21.1. These Terms of Use along with the Privacy Policy and Disclaimer make up the entire Terms between You and NaCSA regarding the use of the Platform and the Services and supersedes any prior agreements or understandings.
  • 21.2. If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
  • 21.3. NaCSA’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
  • 21.4. Any amendment to or waiver of these Terms must be made in writing and signed by NaCSA.
  • 21.5. You shall not transfer, assign, sell or sub-license any of your rights or obligations under these Terms without NaCSA’s prior written consent.
  • 21.6. All of NaCSA’s rights and obligations under these Terms are freely assignable by NaCSA in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • 21.7. These Terms do not confer any third party beneficiary rights.
  • 21.8. You should carefully read NaCSA’s Terms of Use, Privacy Policy and Disclaimer as it governs NaCSA’s treatment of any information, including personally identifiable information You may submit on the Platform.
  • 21.9. NaCSA reserves all rights not expressly granted to You. It further reserves the right to limit Your use of the Services, including the number of your connections, curtailing storage space for Your User Content on NaCSA’s cloud server and Your ability to contact other registered Users of the Platform. NaCSA reserves the right to restrict, suspend or terminate Your account at any time without notice if it believes that You may be in breach of these Terms or law or are misusing the Services.
  • 21.10. NaCSA reserves the right to research and publish general User behavior categorized at its discretion.
  • 21.11. If under any law, You are entitled or obligated to act contrary to these terms, You consent to provide NaCSA with a comprehensive explanation of the reasons for such act in writing at least 30 (thirty) days before you act in such manner.
  • 21.12. You will comply with all applicable laws when using or accessing the Services.
  • 21.13. You may choose to opt out from receiving future marketing and solicitation communications by writing to us at: info.esanta@gmail.com
  • 21.14. Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform at: info.esanta@gmail.com